I am participating in Aerial classes, Pregnancy or postpartum classes, yoga classes, pilate classes, health programs, workshops, Sessions, Parties and/or other wellness, body work, therapy, exercise and healing arts activities (collectively, the “Activities”) offered by Wenyoga studio. The Activities may be offered in the physical location of Wenyoga studio or offered online by videos, television, podcasts, apps or other digital media or platforms. All of such offerings, either physical or online, shall be considered “Activities.”
I recognize that I must be in adequate physical and mental health to participate in the Activities. I understand that the Activities may require intense physical exertion, and I represent and warrant that I am physically fit enough to participate, and I have no medical condition which would prevent my full participation in the Activities. I recognize that the Activities may cause or aggravate a physical injury or medical condition. I understand that it is my responsibility to consult with a physician before my participation in the Activities. If I have done so, I have taken the physician’s advice. I understand that Wenyoga Studio reserves the right to refuse my participation in any Activity on medical, fitness or any other grounds.
I am aware that my participation in the Activities could result in high blood pressure, fainting, heartbeat disorders, physical injury, heart attack or stroke and may aggravate pre-existing injuries. I understand that I could experience muscle, back, neck and other injuries as a result of my participation in the Activities. I understand my physical limitations and I am sufficiently self-aware to stop or modify my participation in any Activity before I become injured or aggravate a pre-existing injury.
In consideration of being permitted to participate in the Activities, I agree to assume full responsibility for any risks, injuries or damages, known or unknown, which I might incur as a result of participating in the Activities at Wenyoga Studio, including those which may result from the negligence of Wenyoga Studio.
In further consideration of being permitted to participate in the Activities, I knowingly, voluntarily and expressly waive any “ Claim” (as defined below) I may have against Wenyoga Studio, its owners, managers, teachers, instructors, workshop presenters, employees, independent contractors and staff (each, a “Released Party”) that I may sustain as a result of participating in the Activities at Wenyoga Studio even if the Claim arises from the negligence of any Released Party or anyone else. I agree to indemnify and hold harmless each Released Party from any loss, cost, or liability incurred in defending any Claim made by me or anyone making a Claim on my behalf, even if the Claim is alleged to or did result from the negligence of any Released Party or anyone else. “Claim” includes but is not limited to any and all liabilities, claims, demands, expenses, fees, legal actions, rights of actions for damages, personal injury, mental suffering and distress, or death that I may suffer, my spouse, children or unborn child may suffer (including any legal fees or expenses) in connection with participation in any Activity.
I, my heirs or legal representatives forever release, waive, discharge and covenant not to sue any Released Party for any Claim caused by any negligence or other acts of a Released Party.
I agree that I shall not engage in inappropriate conduct while in or about the Wenyoga Sutido’s premises or using the Studio’s facilities, services or participating in the Studio’s activities . I understand that, in its sole discretion the Studio may terminate my entry upon or use of the Studio’s premises, facilities, services or equipment or participation in its activities at any time even during a session, class, workshop, event, party or a program. Reasons for termination may include, but are not limited to, my failure to comply with the terms of this Agreement or with any rules or regulations adopted by the Studio: inappropriate conduct or other behavior by me deemed detrimental to the best interests of the Studio, its employees, contractors, agents, members, clients, patrons, customers or other participants of the activities; any illicit or sexually suggestive remarks or advances made by me; emergencies; or health or safety considerations. Such termination shall not diminish or otherwise alter any of my dues and other indebtness incurred prior to the date of termination for which I shall remain to be liable. If the Studio terminates my entry upon or use of the Studio’s premises, facilities, services or equipment or participation in its activities during a session, I understand and agree that I will be liable for payment of the scheduled unfinished appointment or classes.
This agreement shall be construed in accordance with, and governed by, the laws of the State of California and that all actions, suits, claims and proceedings relating to this agreement shall be brought in a court of competent jurisdiction located in Sunnyvale, State of California. In case any provision of this agreement shall be held invalid, illegal or unenforceable, it shall not affect any other provision of this agreement and this agreement shall be construed as if such provision had never been contained herein.