FOR TWILIO - Any time a client registers, they are required to sign this waiver if they haven't yet signed, or if the waiver has been updated (through Union.fit).
Liability Waiver
CAPE ANN POWER YOGA, LLC d/b/a CAPE ANN POWER YOGA
NEW CLIENT LIABILITY WAIVER AND RELEASE FORM
This is an important legal document; you must read the entire document (hereinafter “Agreement”). All participants and parents or legal guardians of minor participants (collectively referred to as “I” or “Participant”) are required to sign this Agreement. Anyone who does not agree to this Agreement in its entirety cannot participate in any CAPE ANN POWER YOGA LLC d/b/a Cape Ann Power Yoga (hereinafter “Cape Ann Power Yoga”) sponsored or conducted fitness class or activity (hereinafter “Class” or “Classes”). This Agreement includes an Assumption of Risk, a General Release and Waiver of Liability, an Indemnification Obligation and other terms.
This Agreement includes participation in Cape Ann Power Yoga Classes in the studio, through zoom, and at any off site locations.
MARKETING AND ACCOUNT COMMUNICATION
I agree to receive emails and/or SMS messages regarding account information and registration. I also agree to receive occasional emails and/or SMS messages regarding events or promotions at the studio.
I understand I can opt out of marketing communications at any time by replying STOP.
Cape Ann Power Yoga does not sell, trade, or rent your personal information to third parties. Click here for our full privacy policy.
I, the undersigned Participant or such Participant’s parent or legal guardian, hereby consent and agree to all of the following as a condition of my participation in Cape Ann Power Yoga Classes:
1. Voluntary Participation: I hereby freely and voluntarily, without duress, desire to participate in Cape Ann Power Yoga Classes and execute this Agreement.
2. Assumption of Risks: I acknowledge that other participants may have levels of fitness, athletic ability, and/or energy that differ from my own. I acknowledge and understand the Classes may involve strenuous physical activity, exertion of different muscle groups, repetitive movement of various body parts, stretching, and off-balance maneuvers. I also acknowledge that exercising in a group class has inherent risks of injury and/or exposure to illness. I acknowledge and understand that no medical personnel will be present during Classes to treat me in the event I sustain injury. I acknowledge and understand that my participation in Classes involves inherent risks and could result in illness and/or bodily injury to me, including but not limited to: stress; muscle fatigue; pain; soreness; discomfort; vertigo; shortness of breath; cuts and abrasions; strained, torn or broken ligaments, tendons, joints, bones or muscles; respiratory distress; stroke; cardiac arrest; or even death. In consideration of being allowed to participate in Classes, I personally assume the aforementioned risks, and any and all other risks, whether known or unknown, foreseen or unforeseen, associated with my participation in Classes.
3. General Release and Waiver of Liability:
A. Participant on his/her own behalf or, if applicable, as the parent or guardian of a minor, and on behalf of the Participant’s heirs, successors, representatives and assigns (singularly and collectively the “Releasing Parties”), hereby grant Cape Ann Power Yoga, and all of its respective members, employees, heirs, successors, agents and contractors (singularly and collectively the “Released Parties”) this full release and indemnification (“Release”) as consideration in exchange for permitting Participant to participate in Classes or any other activity associated with or through the Released Parties.
B. Participant is entering into this Release after having viewed or having the opportunity to view the studio and the instructors’ qualifications and having had the opportunity to ask questions regarding the services, precautions, and risks associated with Classes. Participant further acknowledges that his/her participation in the activity is voluntary with full knowledge, understanding of the risks inherent in any physical exercise and group class setting and expressly assumes all risk of injury or illness (including death), which could occur by reason of Participant’s participation.
C. Despite all known and unknown risks, including but not limited to bodily injury and/or illness (including death), and property loss or damage, the undersigned, on behalf of the Releasing Parties, hereby releases, waives acquits, and forever discharges any and all known or unknown claims, demands, causes of action, damages, losses, and expenses that the Releasing Parties have had or may ever have against the Released Parties arising out of Participant’s participation in any activity or Class offered by the Released Parties or the use of any equipment at a location owned, leased, or used by the Released Parties, including, but not limited to, any and all claims which allege negligent acts and/or omissions committed by Released Parties or any third party.
4. Participant Physical Health and Condition:
A. By signing, I acknowledge and agree that I should consult my medical practitioner prior to participating in any activities with Cape Ann Power Yoga or using its facilities, especially if I had, have, or develop a serious health condition, including but not limited to stroke, lupus, hernia, numbness in the extremities, orthopedic condition, heart condition, asthma, breathing problems, faintness, dizziness, loss of balance, recent injury/surgery/concussion, or current pregnancy.
B. I verify that if I am currently pregnant I will provide written permission from a licensed physician before participating in any exercise activity, Class, or program offered by the Released Parties.
C. I understand that upon entering any public building, there are risks, and I will not hold Cape Ann Power Yoga liable for any harm or injury obtained to me in or around the perimeters by any type of scenario within or outside the class I am attending.
I understand that Cape Ann Power Yoga is a public facilities in which airborne, droplets or contact viruses may be present. I agree that I will not hold Cape Ann Power Yoga liable for any illness which may be contracted - including the contraction of COVID-19 - by visiting its public facility, being in proximity with others, engaging in indoor or outdoor classes and for any allergic reactions to the cleaners used within the studio.
5. Release, Waiver and Indemnity.
You hereby release Cape Ann Power Yoga and its teachers, 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 Cape Ann Power Yogar’s negligence, during your participation in the Activities at Cape Ann Power 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.
THE RELEASING PARTIES FURTHER AGREE TO INDEMNIFY, DEFEND AND HOLD THE RELEASED PARTIES HARMLESS FROM ANY AND ALL CLAIMS, CAUSES OF ACTION, LIABILITIES, LOSSES, DAMAGES, COSTS, ATTORNEYS’ FEES, EXPENSES AND OBLIGATIONS ARISING OUT OF THE PARTICIPANT’S PARTICIPATION IN ANY ACTIVITY OR CLASS OFFERED BY THE RELEASED PARTIES OR IN THE USE OF ANY EQUIPMENT AT CAPE ANN POWER YOGA OR ANY OTHER PREMISES OWNED, LEASED, OR USED BY THE RELEASED PARTIES.
6. Arbitration and Waiver of Jury Trial: I AM KNOWINGLY AND VOLUNTARILY WAIVING MY CONSTITUTIONAL RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT. ANY DISPUTE SHALL BE RESOLVED BY BINDING ARBITRATION IN BOSTON, MASSACHUSETTS WITH AN ARBITRATOR SELECTED BY AGREEMENT OF THE PARTIES. All statutes of limitations that are applicable shall apply.
7. Loss of Personal Property: All personal property brought into the studio or any other location where the Participant is participating in any activity or Class offered by the Released Parties, is brought at the sole risk of the Participant as to its theft, damage, or loss. The Released Parties are not responsible for any items left at Cape Ann Power Yoga or any other premises owned, leased or used by the Released Parties.
8. Media Release: Participant hereby permits the Released Parties to use, without compensation or royalties, images or video of the Participant as a Class or other activity participant, including but not limited to its social media or web-based materials, and any other internal and external promotional materials. This includes any printed materials, broadcast and print advertising, and websites produced and published by the Released Parties. All such materials are deemed property of the Released Parties.
9. Applicable Law: Participant expressly agrees that this Agreement shall be construed under and enforced in accordance with the laws of the State of Massachusetts, without regard to conflicts of law principles.
10. Entire Agreement: Any provision of this Agreement found to be invalid by the courts having jurisdiction shall be invalid only with respect to such provision or portion and the remainder shall be enforced to the greatest extent possible. This Agreement contains the parties’ entire agreement. There are no other agreements, either written or oral. Any change to this Agreement must be approved in writing and signed by Cape Ann Power Yoga.
11. Payment Authorization: Participant agrees to maintain current credit card information on file and authorizes Cape Ann Power Yoga to charge the credit card on file for the payment of services and fees, when applicable. This credit card will be kept on file and will remain in effect until the expiration of the credit card account.
12. Cancellation Policy: I understand that Cape Ann Power Yoga has implemented a ninety (90) minute cancellation policy to respect my time and money. If I know I am unable to attend a scheduled class, I understand that I must cancel my reserved spot within ninety (90) minutes of the class start time. In the event that I am unable to cancel my scheduled class within the ninety (90) minute window, I will forfeit one full class credit.
I HAVE READ AND UNDERSTOOD THIS LIABILITY WAIVER AND RELEASE, HAVE HAD THE OPPORTUNITY TO HAVE LEGAL COUNSEL REVIEW THIS LIABILITY WAIVER AND RELEASE, AND I AM AWARE THAT BY SIGNING THIS LIABILITY WAIVER AND RELEASE I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MEMBERS OF MY FAMILY, MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS MAY HAVE AGAINST CAPE ANN POWER YOGA, LLC D/B/A CAPE ANN POWER YOGA, ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, OR CONTRACTORS.
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.
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 participate, assume the risks of the activities, and agree to be bound to all of its terms.