Terms and Conditions

In consideration for the privilege of participation in yoga classes, health programs, or workshops (the “Programs”) offered by Y7 Studio LLC. (“Y7”), the undersigned (“I” or “me”) hereby agrees to this Release and Waiver of Liability (the “Release”):

1. I understand that there are inherent risks involved in the Programs, including, but not limited to: intensive physical activity and exertion; causation or aggravation of a physical injury (whether minor, serious, or catastrophic), disability, or medical condition; death; lack of warnings or inadequate warnings; lack of instructions, inadequate instructions, or my failure to follow instructions; slipping from slippery surfaces such as mats or floors; equipment failure; property damage; negligence of Y7, including negligent emergency response. I acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. I AM VOLUNTARILY PARTICIPATING IN THE PROGRAMS AND AM FULLY AWARE OF AND ACCEPT THE RISKS AND HAZARDS INVOLVED WITH MY PARTICIPATION. I HEREBY AGREE TO ASSUME FULL RESPONSIBILITY FOR ANY RISKS, CONDITIONS, INJURIES, OR DAMAGES, KNOWN OR UNKNOWN, WHICH I MIGHT INCUR OR AGGRAVATE AS A RESULT OF MY PARTICIPATION IN THE PROGRAMS, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF Y7 OR OTHERWISE.

2. I, for myself and my heirs, assigns, successors, executors, administrators, and legal representatives (the “Releasing Parties”) hereby expressly and voluntarily waive, release, covenant not to sue, and discharge all claims which I may have, whether known or unknown, against Y7, its affiliates, officers, directors, agents, employees, successors, assigns or the landlord of any premises at which Y7 may operate (the “Released Parties”) for personal injury, illness, disability, death or property damage attributable to my presence in, use of, and/or participation in the Y7 facilities, equipment, and Programs, whether arising out of the ordinary negligence of Y7 or otherwise. This waiver and release does not extend to claims for gross negligence, intentional or reckless misconduct, or any other liabilities that applicable law does not permit to be released by agreement.

3. The Releasing Parties hereby agree to defend, indemnify and hold harmless Y7 and the Released Parties, from any and all losses, damages, liabilities, deficiencies, claims, suits, demands, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, and the cost of pursuing any insurance providers, arising from my presence in, use of, and/or participation in the Y7 facilities, equipment and Programs.

4. I have been fully informed of the strenuous nature of the Programs and the possibility of adverse physiological effects. I understand that it is my responsibility to consult with a physician prior to and regarding my participation in the Programs, and to receive prior approval to participate. I represent and warrant that I am 18 years of age or older and that I am physically fit and I have no medical condition or injury that would prevent my full participation in the Programs. The Programs are not recommended for women who are pregnant or think that they may be pregnant. In addition to the risks outlined above, participating in the Programs while pregnant can result in failed pregnancy, birth defects and enhanced nausea. I understand that I will not be able to enroll in or to participate in the Programs during the term of my pregnancy without the prior written permission of my treating physician. I understand that it is my continuing responsibility to inform the Program instructor(s) at Y7 of any previous medical conditions, injuries, or surgeries prior to any class and at such other times as I acquire information as to the same.

5. I understand that, except for any monetary refund provided by Y7 (see Y7’s “Policies”), I hereby waive any claim which I may have, or which I may hereafter have, whether known or unknown against the landlord of the premises by reason of their refusal to allow me to participate in the Programs.
6. Y7 takes infectious diseases, viruses and illnesses and pandemics, epidemics, and the like (including, but not limited to, COVID-19) (“Infectious Disease(s)”) very seriously and has put in place preventative measures to help reduce the spread of Infectious Diseases; however, I acknowledge that Y7 cannot guarantee that I will not become infected with an Infectious Disease. I acknowledge the contagious nature of Infectious Diseases and understand the risk that I may be exposed to or infected by an Infectious Disease arising from my presence in, use of, and/or participation in the Y7 facilities, equipment, and Programs and that such exposure or infection could result in personal injury, illness, permanent disability, and death. I acknowledge that by participating in the Programs, Y7 may place me in close physical contact with Y7 employees or other patrons, which could increase the risk that I contract an Infectious Disease. I understand that the risk of becoming exposed to or infected by an Infectious Disease may result from the actions, omissions, or negligence of myself or others, including, but not limited to, Y7 employees or other patrons.

BY AGREEING TO THIS RELEASE, USING Y7 FACILITIES OR EQUIPMENT, OR PARTICIPATING IN THE PROGRAMS, TO THE EXTENT ALLOWED BY APPLICABLE LAW, I VOLUNTARILY ASSUME THE RISK, ON BEHALF OF MYSELF AND THE RELEASING PARTIES, THAT I MAY BE EXPOSED TO OR INFECTED BY AN INFECTIOUS DISEASE BY USING Y7 FACILITIES OR EQUIPMENT, OR PARTICIPATING IN THE PROGRAMS, AND THAT SUCH EXPOSURE OR INFECTION MAY RESULT IN PERSONAL INJURY, ILLNESS, DISABILITY, DEATH, DAMAGE, LOSS, CLAIM, LIABILITY, OR EXPENSE OF ANY KIND THAT MAY OCCUR IN CONNECTION WITH MY PARTICIPATION IN THE PROGRAMS.

The Releasing Parties hereby expressly waive, release, covenant not to sue, discharge, and will indemnify and hold harmless Y7 and the Released Parties from all claims which I may have, or which I may hereafter have, whether known or unknown, for personal injury, illness, disability, death or property damage related to Infectious Diseases attributable to my presence in, use of, and/or participation in the Y7 facilities, equipment and Programs, whether arising out of the ordinary negligence of Y7 or otherwise and whether infection from an Infectious Disease occurs before, during, or after using Y7 facilities or equipment, or participating in the Programs. This waiver and release does not extend to claims for gross negligence, intentional or reckless misconduct, or any other liabilities that applicable law does not permit to be released by agreement.

7. This Release constitutes the sole and entire agreement of Y7 and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Y7 and me and our respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE Y7 AND THE RELEASED PARTIES FOR CLAIMS, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF MY PARTICIPATION IN THE PROGRAMS.