TERMS & CONDITIONS
YOGA WAIVER AGREEMENT
Why You’re Reading This Document
The purpose of this release and waiver (the “Waiver”) is to communicate in an open and honest way the risks of participating in our yoga, pilates and fitness classes and have you release INFINITE WARRIOR YOGA, LLC DBA SHAWN DAVIS YOGA of any liability. Please be aware that if you do not sign this Waiver and agree to its terms, we will not let you participate in our classes.
PLEASE READ CAREFULLY, UNDERSTAND FULLY, AND ASK QUESTIONS IF ANYTHING IS UNCLEAR. WE ARE HERE TO SUPPORT YOU. MAKE SURE YOU UNDERSTAND THIS WAIVER. BY SIGNING THIS YOU AGREE YOU ARE SIGNING AWAY YOUR LEGAL RIGHTS AND YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS AGREEMENT.
Parties. We will refer to INFINITE WARRIOR YOGA, LLC DBA SHAWN DAVIS YOGA, LLC, a Limited Liability Company registered in the State of Georgia , as “INFINITE WARRIOR YOGA, LLC DBA SHAWN DAVIS YOGA”, “us” or “we” and we’ll refer to you, the undersigned (electronically or by hand) or person who has clicked “I Agree” to this Waiver, as “you” or “your”.
The Activities. You will be participating in yoga and exercise classes at INFINITE WARRIOR YOGA, LLC DBA SHAWN DAVIS YOGA. We offer a welcoming and empowering variety of hot yoga, non hot yoga, fitness and meditation classes, all of which may involve but are not limited to the following activities (the “Activities”): Body weight exercises, yoga poses, stretching, weight lifting, dynamic movements, cardiovascular training exercises, breathing and meditation. The constant in all of these classes is that the activities involve moving in full ranges of motion, flexibility, strength and postural training. Some of the classes may take place in a heated room (the range of heat for hot classes is between 80°F and 104°F). The Activities apply to any classes made available for online streaming and participation. As these classes will be taking place outside of INFINITE WARRIOR YOGA, LLC DBA SHAWN DAVIS YOGA's facilities, we need you to acknowledge that you are responsible for the safe facilitation of the Activities.
Equipment. In the course of the Activities, you will use a variety of equipment (the “Equipment”), which may include but is not limited to: weights, yoga blocks, straps, resistance bands, sliders, towels, bolsters, balls, barres, and kneepads. Please do not use any equipment not instructed by INFINITE WARRIOR YOGA, LLC DBA SHAWN DAVIS YOGA.
Inherent Risks. You understand that participating in the Activities poses inherent risks, some of which are more obvious than others. Injuries include but are not limited to things like muscle tears, muscle strains and other musculoskeletal injuries, sprains, broken bones, cardiovascular complications, heat exhaustion, dehydration, dizziness and fainting. The risks listed above in this provision can result in serious harm and injuries that could change your quality of life and, in very rare and extreme circumstances, may even result in death. You will progress at your own pace and will listen to your body. If at any point you feel overexertion, pain or fatigue, you will rest and communicate with the instructor as soon as possible. You understand that if you are partaking in these Activities outside the studio, there may be other reasonable risks that can arise from the location. For example, if you are practicing in the forest you may trip over a branch, or if you are on the beach you might step on glass. Or, if you are practicing at home, there may be sharp objects that you can collide with close to you or things you trip on as you practice. Participating in the Activities via online streaming means that there will be no in-person supervision while you perform the Activities, which presents increased risks. You acknowledge these risks and agree to participate in the Activities to the extent that it is safe and reasonable for you to do so, at your own discretion. This includes finding a safe space to participate in the Activities, not pushing yourself too far while undertaking the Activities, and not trying to complete Activities if you are unsure about how to best practice them.
Affirmation of Health. By participating in any Activities at INFINITE WARRIOR YOGA, LLC DBA SHAWN DAVIS YOGA, you affirm that you have sought medical advice regarding your fitness to practice yoga, HIIT, weight lift and perform other intensive exercise. If you have not sought such advice, you must be certain that your medical and fitness levels are sufficient to participate in advanced level yoga, including yoga in heated conditions. COVID-19 / Infectious Disease. Amidst the current developments surrounding communicable diseases, you acknowledge every time you participate in the Activities you are affirming that you are healthy and able to engage in practice and are not at an increased risk due to COVID-19 or other infectious diseases. If you are suffering from symptoms of a communicable disease or are unsure of your health and ability to practice the Activities, please consult with your doctor and we urge you not to visit our studio or participate in our Activities. We are all in this together and it is important that we follow guidelines on social distancing, hygiene practices, and act with kindness and responsibility towards each other in order to ensure everyone’s safety. Closure. You understand and agree that a government order or public health crisis may cause INFINITE WARRIOR YOGA, LLC DBA SHAWN DAVIS YOGA to temporarily stop in-person classes and offer virtual classes only and that all memberships will proceed as normal during any such period.
Voluntary Assumption of Risk. You have read this Waiver and understand the risks of participating in the Activities with INFINITE WARRIOR YOGA, LLC DBA SHAWN DAVIS YOGA. Your signature below, electronic signature or clicking 'I Agree’, and your participation in the classes at INFINITE WARRIOR YOGA, LLC DBA SHAWN DAVIS YOGA illustrates your voluntary participation and assumption of the risks of the Activities.
Release, Waiver and Indemnity. You hereby release INFINITE WARRIOR YOGA, LLC DBA SHAWN DAVIS YOGA, LLC, its members, directors, officers, contractors, employees, volunteers, agents, executors, administrators, successors, family members and assigns (the “Released Parties”) from any liability and damages arising from death or personal injuries, including the contraction of COVID-19 or other communicable diseases, however caused including as a result of INFINITE WARRIOR YOGA, LLC DBA SHAWN DAVIS YOGA negligence, during your participation in the Activities at INFINITE WARRIOR YOGA, LLC DBA SHAWN DAVIS YOGA. You are releasing the Released Parties at your own risk and you agree to forfeit any and all forms of legal recourse which may be available to you, including but not limited to any form of damages, as a result of your participation in the Activities. You agree that these provisions above apply to you, your family, heirs, executors or anyone else who may be able to bring a legal action on your behalf in the future.
Media Release. By being a student at our studio, you agree to grant us the irrevocable right to use your image, likeness, photographs, video content, audio recordings of you captured in our studio or that you share with us online (via your own or others posting of you) as part of our online streaming, marketing, social media, and sales throughout the world and in perpetuity. You also release us from all claims you may have relating to the use mentioned in this section. Please let us know If you ever want us to stop using an image of you.
General Legal Provisions. Jurisdiction. This Waiver will be governed exclusively by the laws of the State of Georgia. Severability. If any provisions of this Waiver are invalid or unenforceable, the other provisions in the Waiver will remain in full force and effect. Entire Agreement. This Waiver constitutes the entire agreement between the parties and replaces any prior agreements. Headings. The headings used in this Waiver are for stylistic purposes only and none of the content in the headings are intended to be legally binding. Online Agreement. We agree that this Agreement may be signed electronically or agreed to by having you click “I Agree”.
By signing below, you agree that you have read this Waiver and fully understand its contents and voluntarily agree to be bound to all of its terms.