Terms and Conditions

Please read the following carefully and check “I Agree” when you are finished.

STUDIO LIABILITY RELEASE READ CAREFULLY – THIS IS AN IMPORTANT LEGAL DOCUMENT ACKNOWLEGEMENT OF RISKS AND HAZARDS, WAIVER OF RIGHTS, LEGAL RELEASE, AND INDEMNITY AGREEMENT.

WARNING!!! By signing this document you are giving up valuable legal rights in the event you should be injured or killed, and you or your representative attempts to sue someone for your injuries. You will not be able to win your lawsuit even though someone else as well as yourself may have been legally at fault. Furthermore, there is no insurance coverage provided by VYBE 5 for any injuries that may happen to you while participating in all group classes, training programs, certifications, workshops, intensives, trainings, retreats, affiliate programs, suspension training programs, and while performing aerial yoga (hereinafter referred to as “ALL PROGRAMS”), and even if insurance exists, this document is intended to waive your right to collect any such insurance benefits.

  1. I hereby forever irrevocably RELEASE AND DISCHARGE, VYBE 5, its members, officers and principals, any employees of VYBE 5, and any entity or individual affiliated or contracted by VYBE 5 (hereinafter referred to as “RELEASED PARTIES”) for all damages, injuries, or losses to me including, but not limited to, losses CAUSED BY PASSIVE OR ACTIVE NEGLIGENCE OF THE RELEASED PARTIES or hidden, latent, or obvious or non-obvious defects in the equipment used.
  2. I further agree that I WILL NOT SUE OR MAKE A CLAIM against the RELEASED PARTIES for damages or other losses sustained as a result of my participation in ALL PROGRAMS of any kind. I also agree to INDEMNIFY AND HOLD THE RELEASED PARTIES HARMLESS from any claims, judgment, and costs, including attorney and legal fees, incurred in connection with any action brought as a result of my participation in ALL PROGRAMS of any kind including but not limited to losses CAUSED BY THE PASSIVE OR ACTIVE NEGLIGENCE OF THE RELEASED PARTIES, or hidden, latent, or obvious defects in the equipment used. THE INTENT OF THIS RELEASE IS TO RELEASE AND DISCHARGE THE RELEASED PARTIES OF ANY DUTY OF CARE TO ME WHAT-SO-EVER IN SO FAR AS IT IS POSSIBLE TO DO SO UNDER APPLICABLE LAW.
  3. I understand and acknowledge that ALL PROGRAMS, especially all suspension training and aerial yoga of any kind have inherent dangers that no degree of care, caution, or expertise can illuminate and I EXPRESSLY AND VOLUNTARILY ASSUME ALL RISKS OF ALL PROGRAMS INCUDING BUT NOT LIMITED TO SUSPENSION TRAINING AND AERIAL YOGA OF ANY KIND INCLUDING THE RISK OF PASSIVE OR ACTIVE NEGLIGENCE OF THE RELEASED PARTIES, or hidden, latent, or obvious or non-obvious defects in the equipment and on any structural supports including ropes, fabric, and or hardware used.
  4. I have been advised and recognize that my participation in ALL PROGRAMS of any kind are NOT covered by any personal accident or general liability insurance policies issued to the RELEASED PARTIES.
  5. I understand that because of the unavoidable and unpredictable dangers involved in the participation of ALL PROGRAMS of any kind, the RELEASED PARTIES make no warranty of any kind, expressed or implied, concerning any training, equipment, or facilities provided by the RELEASED PARTIES. Furthermore, I recognize that participating in ALL PROGRAMS of any kind are a dangerous sport and the associated equipment used in ALL PROGRAMS as such does not always work as it is expected to.
  6. I understand that because of the dangerous nature of ALL PROGRAMS of any kind, it is impossible for any person, including the RELEASED PARTIES, to determine with any degree of certainty that I have been trained properly in the sport. I hereby warrant to the RELEASED PARTIES, that based upon my own evaluation, I believe that I am in good health, have been adequately trained, am experienced to safely perform any and all activities, can safely participate in ALL PROGRAMS, and can safely cope with the high speed conditions and stress associated with these activities. I certify and declare that I am not under treatment for any of the following conditions: Cardiac or Pulmonary Condition or Disease; High or Low Blood Pressure; Fainting Spells or Convulsions; Hearing Loss or Impairment; Nervous Disorder; Diabetes; Kidney or Related Diseases; Shortness of Breath; or Psychiatric Disorders, and that I have discussed my participation in ALL PROGRAMS offered at VYBE 5 with my Doctor whom has cleared me to participate in ALL PROGRAMS. I further certify and declare that I am not on any recognized Mind Altering, Psychotic Medication and have not taken nor will in the future take Alcoholic Beverages or Illegal Drugs within the preceding 12 hours before participating in ALL PROGRAMS of any kind that I may perform now or in the future at VYBE 5.
  7. Based upon my independent evaluation of the risks, I REAFFIRM MY ASSUMPTIONS OF THE EXTREME RISK AND DANGER SET OUT IN PARAGRAPH 3 ABOVE.
  8. I certify that considering my lifestyle and the manner in which I am supporting my dependents, I have made adequate provision for my spouse, children, or heirs and all other people dependent upon me so that in the event of my injury, disability, or death they will not suffer a financial loss.
  9. I further agree that in the event I have any claim what-so-ever against any of the RELEASED PARTIES arising out of my participation in ALL PROGRAMS of any kind including an action for personal injury, that it shall be a condition precedent to the filing of a lawsuit against any of the RELEASED PARTIES, that the matter first be arbitrated at my expense by an arbitration board and that the decision and finding of that board shall be final and binding upon all persons.
  10. I agree that venue and jurisdiction for any legal action arising out of any matter which is the subject of this document shall be determined by the RELEASED PARTIES and that if the Court should decide that any clause in this contract is illegal or unenforceable, such determination shall not affect the validity or enforceability of the remaining provisions.

I HAVE CAREFULLY READ THIS AGREEMENT AND RELEASE OF LIABILITY; I FULLY UNDERSTAND ITS CONTENTS AND SIGN BELOW OF MY OWN FREE WILL.

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