COVID-19 Assumption of Risk & Waiver of Liability Agreement
I understand that yoga includes physical movements as well as an opportunity for relaxation, stress reduction and relief of muscular tension. Participation in yoga class includes, but is not limited to, participation in meditation techniques, yogic breathing techniques, and performing various yoga postures. Yoga postures, or asanas, are designed to exercise every part of the body―stretching and toning the muscles and joints, the spine and the entire skeletal system. Such postures also work on the internal organs, glands and nerves. Yoga incorporates sustained stretching to strengthen muscles and increase flexibility.
As is the case with any physical activity, the risk of injury, even serious or disabling, is always present and cannot be entirely eliminated. My signature acknowledges I understand that in yoga class I will progress at my own pace. If I experience any pain or discomfort, I will listen to my body, adjust the posture, and/or ask for support from the yoga teacher (the “Teacher”). I will continue to breathe smoothly. If at any point I feel overexertion or fatigue, I will respect my body’s limitations and I will rest before continuing yoga practice.
I affirm that I alone am responsible for deciding whether to practice yoga, which is not a substitute for medical attention, examination, diagnosis or treatment. Yoga is not recommended and is not safe under certain medical conditions. I affirm that I alone am responsible to decide whether to practice yoga.
I also understand that mindfulness meditation and emotion skills workshops, including and not limited to Minding My Emotions or Cultivating Emotional Balance, are not a therapeutic intervention for psycho-pathological disorders as defined in the Diagnostic, and Statistical Manual of Mental Disorders (DSM), and are not meant to be used as such. It is recognized that the workshops with meditation and emotion skills may at times make participants feel vulnerable. Individuals who are currently diagnosed with and/or under treatment for a psychological condition, including panic/anxiety or depression, will want to request permission from their medical provider before enrolling in the workshop.
ACKNOWLEDGEMENT: I understand that the World Health Organization has classified the COVID-19 outbreak as a pandemic. I further understand that COVID-19 is a highly contagious and dangerous disease, and that contact with the virus that causes COVID-19 may result in significant personal injury or death. I am fully aware that participation in the Company’s Services (including any related travel) carries with it certain inherent risks related to COVID-19 transmission (“Inherent Risks”) that cannot be eliminated regardless of the care taken to avoid such risks. Inherent Risks may include, but are not limited to, (1) the risk of coming into close contact with individuals or objects that may be carrying COVID-19; (2) the risk of transmitting or contracting COVID-19, directly or indirectly, to or from other individuals; and (3) injuries and complications ranging in severity from minor to catastrophic, including death, resulting directly or indirectly from COVID-19 or the treatment thereof. Further, I understand that the risks of COVID-19 are not fully understood, and that contact with, or transmission of, COVID-19 may result in risks including but not limited to loss, personal injury, sickness, death, damage, and expense, the exact nature of which are not currently ascertainable, and all of which are to be considered Inherent Risks.
ASSUMPTION OF RISKS: I have read, and understand the above warning concerning COVID-19, and that JPG Yoga (hereafter, “Company”) has undertaken reasonable steps to lessen the risk of transmission of COVID-19 in connection with the services provided to me. These services are of such value to me (and/or my child) that I, accept the risk of being exposed to, contracting, and/or spreading COVID-19 in order to utilize the Company’s services and premises in person. I hereby voluntarily accept and assume all risk of loss, personal injury, sickness, death, damage, and expense arising from such Inherent Risks. Furthermore, I represent and warrant that I do not suffer from any medical condition or disease that might in any way hinder or prevent me from receiving the Services, including, to my knowledge, COVID-19.
RELEASE AND WAIVER; INDEMNIFICATION: In consideration of my receiving services that includes (the “Services”), I, being 18 years of age or older, do hereby accept the risk of contracting COVID-19 for myself and on behalf of my family, in order to utilize Services of the Company.
I forever release, waive, discharge, and agree NOT TO SUE, the Company’s officers, directors, employees, volunteers, owners, agents, successors, and assigns from any and all damages, injuries, losses, liability, claims, causes of action, litigation, or demands in any way related to COVID-19. This includes, but is not limited to, claims for personal injury, sickness, or death, as well as property damages and expenses, of any nature whatsoever which may be incurred, directly or indirectly, now or in the future, in any way related to COVID-19 and in connection with my participation in the Services or any travel related thereto. I also promise to INDEMNIFY, as well as DEFEND the afore-mentioned Company from any of the above-mentioned claims.
Governing Law: CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE
By signing my name below, I acknowledge that participation in JPG YOGA classes exposes me to a possible risk of personal injury and/or contracting Covid-19 if I may attend in-person classes. Also, I am fully aware of the risk associated with the mindfulness meditation and emotion skills workshops. I hereby consent to receive medical treatment that may be deemed advisable in the event of injury, accident, and/or mental consequence during any yoga class.
I hereby take action for myself, my executors, administrators, heirs, next of kin, successors and assigns as follows: I (a) irrevocably WAIVE, RELEASE AND DISCHARGE FROM ANY AND ALL LIABILITY for my death, disability, personal injury, property damage, property theft or actions of any kind which hereafter may occur to me by (1) taking any JPG class or workshop, whether online or in person classes or (2) traveling to and from JPG classes, where these sessions are being held, and each of their directors, officers, employees, volunteers, representatives and agents; and (b) INDEMNIFY, HOLD HARMLESS AND AGREE NOT TO SUE JPG teachers, JPG YOGA studio, owners, employees, volunteers, representatives and agents as to any and all liabilities or claims made as a result of participation in JPG classes, whether caused by the negligence of releasees or otherwise.
My signature further acknowledges that I shall not now or at any legal action against JPG teachers, JPG YOGA studio, owners, employees, volunteers, representatives and agents, and that this waiver is binding on me, my heirs, my spouse, my children, my legal representatives, my successors and my assigns. With my doctor’s knowledge and approval. I acknowledge that I am physically fit to take any JPG class or workshop.
If I am pregnant or become pregnant or am postnatal, my signature verifies that I am participating in yoga classes with my doctor’s full approval. I realize that I am participating in yoga classes at my own risk.
I have carefully read and fully understand all provisions of this release, and freely and knowingly assume the risk and waive my rights concerning liability as described above. I am at least 18 years of age and otherwise legally competent to sign this agreement. I agree that this form shall be binding on me, my minor child(ren) and other family members, and my heirs, executors, representatives and estate.