SHAKTI YOGA & BARRE STUDIO DIGITAL LIABILITY WAIVER, RELEASE, AND INDEMNIFICATION AGREEMENT This Digital Liability Waiver, Release, and Indemnification Agreement (“Agreement”) is entered into by and between the undersigned participant (“Participant”) and [Shakti Yoga & Barre [d/b/a Shakti Yoga Center] including its owners, instructors, employees, contractors, agents, and the premises where classes are held (collectively, “Released Parties”). By submitting this form, I acknowledge my agreement to the terms herein. 1. Acknowledgment of Risks:
I understand that participating in yoga, barre, and related fitness classes or activities (“Activities”) involves physical exertion, stretching, balance, strength training, and movement, which may result in injuries such as muscle strains, sprains, joint issues, falls, dizziness, dehydration, fainting, aggravation of pre-existing conditions, or more serious harm like fractures or heart-related events. Additional risks may arise from heated environments (if applicable), equipment use, or interactions with other participants. I also acknowledge risks associated with entering, exiting, or being on the studio premises, including slips, trips, falls in common areas like stairwells, hallways, parking lots, or sidewalks, or incidents related to weather, third-party actions, or facility conditions. 2. Voluntary Participation & Health Representation:
I confirm that I am voluntarily participating in the Activities and am physically and mentally fit to do so. I have no medical conditions that prevent my participation, and it is my responsibility to consult a physician before engaging in the Activities. If I have any health concerns, I have sought medical advice and will inform the studio of any limitations. 3. Assumption of Risk:
I knowingly and voluntarily assume all risks, known or unknown, associated with the Activities and use of the premises, including those arising from the negligence of the Released Parties, facility conditions, equipment, other participants, or external factors. This includes risks during classes, while coming to or going from the studio, or on the premises. 4. Release of Liability:
In consideration of being permitted to participate in the Activities, I hereby release, waive, discharge, and covenant not to sue the Released Parties from any and all claims, demands, damages, rights of action, or causes of action, present or future, arising out of or connected with my participation in the Activities or use of the premises. This includes, but is not limited to, personal injury, property damage, wrongful death, or any other loss, whether caused by the negligence of the Released Parties or otherwise, except for gross negligence or intentional misconduct. 5. Indemnification and Hold Harmless:
I agree to indemnify, defend, and hold harmless the Released Parties from any and all claims, liabilities, damages, losses, costs, or expenses (including attorneys’ fees and court costs) that may arise from or relate to my participation in the Activities or presence on the premises. This includes claims brought by me, on my behalf, or by third parties (such as family members or heirs), even if alleged to result from the negligence of the Released Parties. 6. Medical Treatment Consent:
I consent to receive emergency first aid or medical treatment if deemed necessary during participation. I release and hold harmless the Released Parties from any liability or costs related to such treatment. I understand the studio is not equipped for advanced medical care and that emergency services (e.g., 911) may be called. 7. Media Release: I grant permission to the studio to use my likeness in photographs, videos, or other media captured during Activities for promotional purposes, without compensation. [ ] Check here to opt out of the media release. 8. Severability:
If any provision of this Agreement is found invalid or unenforceable, the remaining provisions shall remain in full force and effect. 9. Governing Law:
This Agreement shall be governed by the laws of the State of New York and any disputes shall be resolved in the courts of Richmond County, New York. 10. Electronic Signature and Acknowledgment:
By checking the box below and submitting this form, I acknowledge that I have read, understood, and agree to be bound by the terms of this Agreement. I understand that this is a legally binding document, and I am giving up substantial legal rights, including the right to sue. I confirm that I am at least 18 years of age or, if under 18, my parent or legal guardian has reviewed and agreed to these terms on my behalf. My electronic signature or action of checking the box and submitting this form constitutes my intent to be bound by this Agreement, in accordance with applicable electronic signature laws (e.g., the U.S. Electronic Signatures in Global and National Commerce Act). By clicking the “SUBMIT” button below, I attest that I am agreeing to the terms of this Liability Waiver, Release, and Indemnification Agreement.