WAIVER AND CUSTOMER AGREEMENT– by signing below I acknowledge that I have read and attest to the following:
1. I have been examined by a physician within the past year and have been found to be in good physical health and fully capable of performing all yoga exercises that will be taught during all classes at a Yoga Joint studio location and/or on Yoga Retreats, workshops, or trainings conducted by Yoga Joint affiliated teachers. If I have not been examined within one year then I have decided to participate in all activities at my own risk, assuming all responsibilities for my participation.
2. I am aware that participating in any physical exercise, sports activity or fitness programs can be dangerous and can involve risks or injuries. I am aware that temperatures may exceed 100 degrees Fahrenheit in some classes. I acknowledge that I am participating in these activities assuming all risks and dangers of injury from my actions or actions of others.
3. I accept all risks as stated herein and freely, voluntarily and expressly agree that all Yoga Joint affiliated locations, their officers, members, owners, directors, agents, employees, instructors, volunteers, independent contractors and those acting by and/or on behalf of any Yoga Joint locations and/or on Yoga Retreats, trainings, or workshops will not be liable (whether related to a fitness program or not) for any and all liability, claims or causes of action or demands of any kind or nature whatsoever that may result or arise, by or in connection with my participation in any activities related to the programs or classes offered by Yoga Joint studios. The scope of this document includes without limitation any personal, bodily, or mental injury, economic loss or damage to me, my spouse, dependents, children or relatives resulting from any and all acts of negligence on the part of Yoga Joint and/or on Yoga Retreats, trainings, or workshops. This release shall unequivocally release Yoga Joint, its affiliated studios and/or on Yoga Retreats, its affiliates, owners, officers, members, directors, agents, employees, instructors, volunteers, independent contractors and those acting by and/or on behalf of any affiliated Yoga Joint studios, from all claims injuries and damages, present or future anticipated or unanticipated, resulting from or arising out of my use or intended use of the facilities or equipment.
4. I freely, voluntarily and expressly grant all Yoga Joint affiliated studios and/or on Yoga Retreats, including 6BY3STUDIO CORP., and their successors, assigns, affiliates, owners, officers, members, directors, agents, employees, instructors, volunteers, independent contractors and those acting by and/or on behalf of any affiliated Yoga Joint studios and/or on Yoga Retreats permission to use my name, picture or portrait, likeness, writings and biographical information, audio tape and/or videotape, recordings, sound or silent motion pictures (including live-stream data/video) in any media for editorial, educational, promotional, advertising, or resale purposes including for the solicitation of business, live stream or replay of Yoga classes for all Yoga Joint affiliated studios and/or on Yoga Retreats, including 6BY3STUDIO CORP., and in furtherance of any and all business objectives of all Yoga Joint affiliated studios.""
I acknowledge and agree that, as between Yoga Joint affiliated studios and/or on Yoga Retreats, including 6BY3STUDIO CORP., and me, Yoga Joint affiliated studios and/or on Yoga Retreats, including 6BY3STUDIO CORP., owns all right, title, and interest, including, without limitation, all copyright rights, in and to any materials, recordings, and photographs incorporating my Likeness that are created hereunder, and any derivative works created therefrom (the “Works”). Yoga Joint affiliated studios and/or on Yoga Retreats, including 6BY3STUDIO CORP. may use, edit, adapt, modify, make derivative works of, publicly perform and publicly display, reproduce, and distribute the Works, in whole or in part, directly and through sublicensees.
I hereby waive any rights of privacy and/or publicity that I might have with regard to the Works, and further agree that no use of the Works or of my Likeness by Yoga Joint affiliated studios and/or on Yoga Retreats, including 6BY3STUDIO CORP.shall be the basis of any claim against Yoga Joint affiliated studios and/or on Yoga Retreats, including 6BY3STUDIO CORP., nor shall this document form the basis of any such claim.
I agree that (i) I am not an employee or agent of Yoga Joint affiliated studios and/or on Yoga Retreats, including 6BY3STUDIO CORP.; (ii) I shall receive no compensation from Yoga Joint affiliated studios and/or on Yoga Retreats, including 6BY3STUDIO CORP. in connection with this release; (iii) I will have no approval rights regarding any use of the Works or of my Likeness by Yoga Joint affiliated studios and/or on Yoga Retreats, including 6BY3STUDIO CORP.; and (iv) Yoga Joint affiliated studios and/or on Yoga Retreats, including 6BY3STUDIO CORP., has no obligation to use my Likeness or exercise any of the rights granted to it hereunder.
5. I expressly acknowledge that all class packages or memberships sold by any and all Yoga Joint affiliated studios and/or Yoga Retreats, trainings, workshops, or any services are non-refundable as they are operated or affiliated all studios affiliated with Yoga Joint. I also acknowledge that I have been advised that if I pre-purchase tickets for a workshop or other special event (“Event”) offered by or otherwise facilitated by any Yoga Joint studio, and I fail to attend said Event, the cost of said Event paid by me will be credited towards my then existing account at any Yoga Joint Holdings, LLC studio.
6. I understand that any Yoga Retreats are in no way affiliated with Yoga Joint and/or its owners, agents, or employees, and at times there may be joint or group-related activities between Yoga Joint and Yoga Retreats.
7. I hereby certify that I am at least 18 years of age and have read the contents of this informed consent and release of liability (Parent or Guardian signature is required for participants under 18 years of age).
8. Yoga Joint values the safety and security of our employees and clients. For those reasons it is absolutely required that customers are mindful of Yoga Joint policies and procedures and are respectful and courteous toward other Yoga Joint customers and Yoga Joint employees. Therefore, Yoga Joint reserves the right to cancel your membership at any time and without notice or opportunity to cure for: your failure to follow Yoga Joint policies; for inappropriate actions/comments (including obscene or vulgar language) toward, or in the presence of, employees or customers; for any unwanted sexual advance, comment, or harassment; any other demonstrated disrespectful behavior. If Yoga Joint revokes your membership you will receive a pro rata refund for the balance of your membership agreement.
9. Minors: Yoga Joint highly values the safety of all customers. Therefore, regularly scheduled Yoga, Hot Yoga, and Core 45 classes are limited to those customers 10 years of age and older. Children between the ages of 10 and 15 must attend with a parent or guardian. Children 16 years and above may attend without a parent or guardian with the completion of this Waiver and Customer Agreement.
10. Yoga Joint may offer, and I may accept, a recurring monthly membership. In those instances, Yoga Joint has my express permission to charge my credit card on file monthly and I agree to provide 30 days’ notice of my desire to terminate or suspend my agreement via the Yoga Joint cancellation or suspension form.
11. This Waiver and Customer Agreement shall remain in force and valid until revoked in writing by Customer. If revoked, I will be required to complete a new Waiver and Customer Agreement before being allowed to enroll in another Yoga Joint class or activity.
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