(“You”, “Your”, “Member”, or “Guest”) (collectively, the “Parties”), entry into its Gym facility located at 1484 Petaluma Blvd. N. Petaluma, CA 94952 and 2567 Shattuck Ave. Berkeley, CA 94704 and 1336 Polk St. San Francisco, CA 94109 (“Facility”), to participate in instructional Yoga and Pilates fitness classes, private or group fitness training, health, fitness, or wellness seminars, or special events (collectively, “Yoga”), on the conditions provided herein (“Agreement”).
Release and Waiver of Liability. In return for being permitted to participate in Yoga, including but not limited to: (a) any use of the Facility, including inside or outside, (b) activities and instruction offered, (c) staff services, (d) use of fitness equipment including bands, blocks, weights, chairs, bolsters, cushions, or any other device normally associated with Yoga, and, (e) subsequent use of knowledge attained at the Facility, to the fullest extent permitted by law, and excluding gross negligence and/or intentional misconduct, You forever release, waive, hold harmless, and discharge Yoga Hell/Funky Door, its officers, directors, shareholders and members, employees, volunteers, agents, contractors, representatives, as well as Lynn Whitlow and Jefferey Renfro, in their individual capacities (collectively “Provider” or “Providers”) from liability from any and all actions, claims, or demands that You, Your assignees, heirs, distributees, guardians, next of kin, spouse, and/or legal representatives now have, or may have in the future, for injury, death, or any damages whatsoever, related to (a) Your participation in Yoga, (b) the negligence or other acts of any Provider, and/or (c) the condition of the Facility, whether or not You were then participating in Yoga. You also agree that Your assignees, heirs, distributees, guardians, next of kin, spouse, and/or legal representatives will not make a claim against, sue, or attach the property of any Providers in connection with any of the matters covered by the foregoing release.
Yoga Hell/Funky Door Disclaimer. The Parties agree that Yoga Hell/Funky Door makes no claims, representations, warranties (express or implied) concerning Yoga, or that the information, instruction, or activities provided at the Facility will provide any form of benefit to You. Providers shall not be deemed to have made any representations or warranties not included in this Waiver.
Member or Guest Medical Disclaimer. By signing this Agreement, You affirm that You are in good physical and mental health and do not suffer from any condition that would prevent or limit Your participation in Yoga or other activities at the Facility. You further understand that it is Your responsibility to consult with a healthcare professional before engaging in any physical activity. You acknowledge that the services provided by Yoga Hell/Funky Door, or its staff is not medical treatment and is not a substitute for professional medical advice, diagnosis, or treatment. You agree to seek the advice of a qualified healthcare provider with any questions You may have regarding a medical condition.
Assumption of Risk: Participation in Yoga carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injury. You understand that Yoga Hell/Funky Door will feature activities designed to teach You about physical development which may cause physical and emotional discomfort. You acknowledge that these activities are voluntary, and You may choose not to participate and agree that You will not hold the Providers responsible for any injury, pain, emotional suffering, property damage, or any damages whatsoever, that may occur from any activities that You choose to participate in. The specific risks vary, and You acknowledge that Your participation is voluntary, and with knowledge of the inherent risks involved. You agree to assume any and all risks of bodily injury, death or property damage, whether those risks are known or unknown.
Indemnification. You agree to indemnify the Providers and hold harmless the Providers from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorneys’ fees, and to reimburse Providers for any such expenses incurred, arising out of Your involvement in Yoga or any other activities in which You participate or engage in at the Facility.
Pet-Friendly Facility. You understand and acknowledge that the Facility is a pet-friendly environment, and that dogs and other animals may be present onsite. Yoga Hell/Funky Door makes reasonable efforts to maintain cleanliness and safety. By signing this Agreement You voluntarily accept the presence of animals at the Facility. You agree to indemnify, defend, and hold harmless Yoga Hell/Funky Door and the other Providers as described in this Agreement.
Hands-On Instruction and Consent to Touch. Yoga Hell/Funky Door instructors use physical adjustments or tactile cues to assist with posture, alignment, or breathwork during Yoga. These “hands-on” techniques involve physical contact by authorized instructors. You release the yoga instructor and studio from any liability for physical and/or emotional injuries or damages that may occur during class, including those resulting from hands-on adjustments. You understand that You have the right to refuse any physical contact and agree to clearly communicate to the instructor if You do not wish to be touched before the start of every class. By signing this Agreement You acknowledge that such touch may occur during Your participation in Yoga and you are giving your consent.
Personal Property Waiver. If You bring any personal property onto the Facility, including but not limited to the indoor space, outdoor areas, and parking lot, You do so entirely at Your own risk. Personal property includes, without limitation, clothing, bags, yoga equipment, phones, electronics, and all vehicles. You acknowledge and agree that the Providers, including Yoga Hell/Funky Door, its employees, agents, volunteers, and representatives, shall not be liable for any loss, theft, damage, destruction, unauthorized use, or injury relating to any personal property, regardless of cause and regardless of whether such property is left in a designated storage area, locker, parking area, or any other location at or around the Facility. You further understand and agree that Yoga Hell/Funky Door will not be responsible for any damage to Your vehicle or for any costs associated with towing, citations, vandalism, or other vehicle-related incidents occurring on or around the Facility premises.
Photo & Video Release: Yoga classes are recorded. You hereby grant Yoga Hell/Funky Door irrevocable permission to use Your image, likeness, and the sound of Your voice as recorded on audio or video (“Media”), without payment or any other consideration while at the Facility. You understand that such Media may be edited, copied, exhibited, published, or distributed, and You waive the right to inspect or approve any finished product that may include Your likeness.
Furthermore, You waive any right to royalties or other compensation arising from, or related to, the use of Media as defined herein. You also understand that Media may be used in diverse sales, marketing, educational, or promotional settings, including but not limited to: (a) sales and marketing materials, (b) educational or informational presentations or courses, or (c) social media and other online promotional channels.
You will be consulted if the Provider intends to use the photographs or video recordings for any purpose other than those listed in this Agreement. There is no time limit on the validity of this Photo & Video Release, nor is there any geographic limitation on where Media may be distributed. You hereby release any and all claims against any Provider utilizing this Media for the purposes described herein.
Severability. If any term, provision, covenant, or condition of this Agreement, or the application thereof to any person, place, or circumstance, shall be held to be invalid, void, or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect.
YOU HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT YOU ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE, AND THE RIGHT FOR YOUR FAMILY, HEIRS, EXECUTORS, ADMINISTRATORS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, TO SUE ON YOUR BEHALF. YOU CONFIRM THAT YOU ARE SIGNING THIS AGREEMENT FREELY AND VOLUNTARILY AND INTEND YOUR SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
For Participants Under the Age of 18 / Signed by Parent or Guardian: I verify and understand the dangers of Yoga and understand the significance of this Agreement. By my signature below, I sign on behalf of my minor child or ward and give their full and unqualified consent to the terms of this Agreement.
