By enrolling in a yoga offering and agreeing to the terms and conditions, you are agreeing to the waiver, below. I am including a copy of it here for your future reference.

WAIVER AGREEMENT

Why You are Reading This Document.

The purpose of this release and waiver (this “Waiver” or “Agreement”) is to openly communicate the risks of practicing multiple forms of yoga and movement together, either in person or online, and have you release Sarah Drexler of the City of Markham in the Province of Ontario and Yoga on Your Terms (hereinafter referred to as “I”, “me”, “my”, “us”, “we”, or “our”) of any and all liabilities whatsoever. Please be aware that if you do not sign this Waiver and agree to its terms, we will not allow you to participate in our classes and will happily refund you any fees or payments that we have collected from you.

If you are under the Age of Majority in Ontario (18 years old), your legal guardian must also sign this Waiver on your behalf.

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. This Agreement is between Yoga on Your Terms and the Undersigned (“you”).

The Activities. You will be participating in yoga and exercise classes with Yoga on Your Terms. We offer moving and meditative yoga and exercise classes, including Vinyasa, Hatha, and other varieties, which may involve but are not limited to the following activities (the “Activities”):

Body weight exercises, yoga poses, breathing and meditation. The constant in all of these classes is that the activities involve stretching and performing yoga poses. The Activities may involve receiving adjustments from instructors, so please advise any instructors in advance if you do not want adjustments.

The Activities also apply to any classes made available for online streaming and participation or that take place outside of Yoga on Your Terms’ facilities, including outdoors. As these classes take place outside of Yoga on Your Terms’ control, we need you to agree and acknowledge that you are responsible for the safety of the location and the facilitation of the Activities.

These Activities are not Behaviour Analytic in nature, and therefore are not covered by my BACB Credential.

Equipment. In the course of the Activities, you will use a variety of equipment, which may include, without limitation: yoga blocks, bolsters, straps, mats, resistance bands, pillows, dumbbells, foam rollers, massage balls (the “Equipment”). Please do not use any equipment not instructed by Yoga on Your Terms or that you do not feel comfortable using. In the case of online, off-premises, or self provided equipment, you agree and acknowledge that you are responsible for your own safety using the equipment.

Inherent Risks. You understand that participating in the Activities poses inherent risks, some more obvious/serious than others. These risks can result in serious harm and/or injuries that could change your quality of life and, in exceedingly rare circumstances, may even result in death or dismemberment.

Injuries may include but are by no means limited to things like muscle tears, strains and other musculoskeletal injuries, sprains, broken bones, cardiovascular complications, dehydration, dizziness, and fainting.

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.

Affirmation of Health. By participating in any Activities with Yoga on Your Terms, 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 the Activities. If at any time you feel that your health level is not sufficient to safely participate in the Activities, please let us know immediately and we will either adapt the activity to suit you needs, or if this is not possible, make arrangements for an alternative activity or refund.

COVID-19 / Infectious Disease. Amidst the current developments surrounding communicable diseases, you acknowledge that every time you participate in the Activities you are affirming that you are healthy and that you do not present an increased risk due to COVID-19 or other infectious diseases. If at any point within 14 days prior to participating in any of the Activities, you have suffered from symptoms of a communicable disease (such as fever, chills, cough, shortness of breath, or sore throat), been in close contact with someone with a known or suspected case, or else are uncertain of your health or risk of transmission, you agree not to visit our studio or take part in the Activities and you should consult with your doctor. You agree to update us regarding your health or risk factor and to comply with all measures and policies implemented by Yoga on Your Terms and applicable public health guidelines (federal, provincial, municipal, and others) as updated, including but not limited to wearing masks, personal hygiene and social distancing (staying at least 6 feet away from all employees or participants) and taking your temperature or allowing it to be checked before entering our premises or relevant practice space. We are all in this together and it is important we follow guidelines and act responsibly and with care towards each other to ensure everyone’s safety!

Voluntary Assumption of Risk. You have read this Waiver and understand the risks of participating in the Activities with Yoga on Your Terms. Your signature below, electronic signature or clicking 'I Agree’, and your participation in the classes with Yoga on Your Terms illustrates your voluntary engagement and assumption of the risks of the Activities.

Release, Waiver and Indemnity. You hereby release Sarah Drexler and Yoga on your Terms, 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 Yoga on Your Terms’ negligence, during your participation in the Activities at Yoga on Your Terms. 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. We think you’re awesome and would love to show you off! 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 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 or recording of you and we will be happy to oblige.

Continued Agreement. Agreement to this Waiver will act as your continued agreement to all ensuing classes, sessions and/or workshops whether in person, online, or via any video conferencing tool.

Jurisdiction. This Waiver will be governed exclusively by the laws of the Province of Ontario.

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” to the terms and conditions, the effect of which will be the same as signing by hand and the intention of which is that both parties desire to be bound by all the terms of the Agreement.

You agree that you have read this Waiver and fully understand its contents and voluntarily agree to be bound to all of its terms.

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Name:

Date:

Thank you for communicating honestly with us. We look forward to enjoying yoga together!