Why You Are Reading This Document
Before you begin your first class with Jenn Andrews you need to understand the risks of participating in a yoga class. The purpose of this release and waiver (the “Waiver”) is to communicate the risks of practicing yoga together in an open an honest way and have you release Jenn Andrews/Yoga Sol, LLC of any liability. Please be aware that YOU MUST READ this Waiver and agree to its terms, BEFORE you participate in any yoga classes with Jenn Andrews/Yoga Sol, LLC.
PLEASE READ CAREFULLY, UNDERSTAND FULLY, AND ASK QUESTIONS IF ANYTHING IS UNCLEAR. I AM 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.
1. Parties. We will refer to Yoga Sol, LLC, a Limited Liability Company registered in the State of Nevada, as “Jenn Andrews/Yoga Sol”, “I” 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”.
2. The Activities. You will be participating in yoga and/or meditation with Jenn Andrews. The Activities may include but are not limited to the following:
2.1 Body weight exercises, flowing movement, static hold, yoga poses to build strength, balance and flexibility, breathing exercises, meditation and study or discussion. The constant in all of these classes is that the activities involve stretching and performing yoga poses. The activities may involve receiving assist or adjustments from the instructor verbally.
2.1 The activities also apply for any/all yoga, or other “we” make available for online streaming and participation, whether live or recorded. I need you to acknowledge that you are responsible for the safe facilitation of the Activities.
3. Equipment. In the course of the Activities, you will use a variety of equipment (the “Equipment”), which may include but is not limited to: yoga blocks, blankets, mats, straps, bolster or any other props that serve us in
making movement accessible. You are responsible for ensuring the safe use of the Equipment at home.
Please do not use any other equipment or object not instructed by “us”.
4. 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, sprain, broken bones, cardiovascular complications, heat exhaustion, dehydration, dizziness and fainting. You understand that there are additional inherent risks posed for anyone participating with health preconditions or physical limitations.
4.1 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.
4.2 There are additional risks posed by participating in the Activities online, as there is no in-person
supervision or space provided for you, and you will therefore need to ensure the safety of the Activities, using your judgment how to best practice them, not pushing yourself too far or attempting anything you feel unsure how to perform.
5. Affirmation of Health. By participating in any Activities with Jenn Andrews/Yoga Sol, you affirm that you have sought medical advice regarding your fitness to practice yoga. If you have not sought such advice, you must be certain that your medical and fitness levels are sufficient to participate in all levels of yoga.
6. Voluntary Assumption of Risk. You have read this Waiver and understand the risks of participating in the Activities with Jenn Andrews/Yoga Sol. Your signature below, electronic signature or clicking ‘I Agree’, and your participation in classes with Jenn Andrews/Yoga Sol, LLC illustrates you voluntary participation and assumption of the risks of the Activities.
7. Release, Waiver and Indemnity. You hereby release Jenn Andrews, LLC, its members, directors, officers, family members and assigns (the “Released Parties”) from any liability and damages arising from death or personal injuries, during your participation in the Activities with Jenn Andrews/Yoga Sol. 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.
8. Media Release. Under certain circumstances, like social media content postings, you agree to grant us the irrevocable right to use your image, likeness, photographs, video content, audio recordings of you captured that you share with us online (via your own or others posting of you) as part of our online streaming, marketing 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 should it be used.
9. General Legal Provisions. Jurisdiction. This Waiver will be governed exclusively by the laws of the Stat of Nevada. Severability. If any provision(s) of this Waiver is/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 is intended to be legally binding. Online Agreement. We agree that due to Covid-19 this Agreement may have to be read solely online and perhaps not signed by hand, or in person. Due to the restrictions of a global pandemic, it is recognized that it is the intent of both parties to be bound by all the terms of the Agreement.