Release and Waiver of Liability
By electronically signing or otherwise accepting and agreeing to this Release and Waiver of Liability (this “Release”), you expressly acknowledge that the use of the facilities, classes, livestream or videos of YW Company, LLC and its subsidiaries and affiliates (collectively, “YogaWorks”) may involve strength, flexibility, aerobic, cardio, and/or other exercises, including the use of equipment, as well as soft tissue manipulation or manual adjustments (which may include the instructor, assistant, trainee, or mentee, guiding your body to a pose or specific movement), all of which can be potentially hazardous activities that naturally involve the risk of injury to you, whether you or someone else cause it, and you understand and voluntarily accept this risk. In addition, you represent that you are (and at all times moving forward, when taking classes or receiving instruction by or through YogaWorks) in good health and have no disability, impairment, injury, disease or ailment that would prevent you from safely engaging in active or passive exercise or soft tissue manipulation or which would cause increased risk of injury or adverse health consequences as a result of engaging in active or passive exercise , and you further acknowledge and understand that it is your duty to notify your YogaWorks teacher in advance of each and every class of any changes in your good health standing. You acknowledge and agree that YogaWorks and its employees and agents do not diagnose or prescribe treatment for any illnesses or injuries. No service provided by YogaWorks is a substitute for medical treatment or care. Please inform your YogaWorks teacher in advance of each class if you prefer not to receive manual adjustments. Failure to do so will be deemed implied consent to receive manual adjustments in a class.
All sessions, classes, use of YogaWorks’ studio facilities (or entry/exit of such facilities), use of YogaWorks’ studio-provided equipment or apparatus (whether during a class or otherwise), or use of any other YogaWorks service, whether in person, through video or stream or otherwise, shall be at your sole risk. Although YogaWorks instructors may provide guidance during a class or individual session, it is your sole responsibility to discontinue participation in any activity you feel is beyond your capability to safely perform. You hereby acknowledge and agree that YogaWorks shall not be liable to you or any other party for any claims, demands, damages or causes of actions due to injury to you or any property, including, without limitation, personal, bodily or mental injury, economic loss or any damage to you or any others arising out of or in connection with your engagement in any activities provided by YogaWorks through video, streaming, or at any YogaWorks’ facility, the use of the services or facilities of YogaWorks, or any occurrence in or around a YogaWorks facility, regardless of whether the injury or damages were caused by the negligence of YogaWorks, its employees or its agents, trainees, assistants, or mentees, and you hereby release YogaWorks from any and all liability related thereto, including any transmission of sickness, virus, pathogen, or disease. This Release specifically applies to claims of negligent instruction, maintenance and/or supervision that may arise as a result of injuries sustained before, during, or after classes or individual training sessions. You acknowledge and agree that this Release applies to any and all incidents occurring on any YogaWorks owned, operated or controlled premises, including slip or trip and fall incidents, regardless of the cause. The scope of this Release specifically includes any and all injuries sustained in or about the premises of any YogaWorks facility and during any event or program organized or operated by YogaWorks away from its facilities, including, without limitation, parks, beaches, community centers and schools. Further, you understand and acknowledge that YogaWorks does not manufacture any of the fitness or other equipment at its facilities but purchases or leases equipment from third parties. As such, you acknowledge and agree that YogaWorks is solely providing recreational services and may not be held liable for defective products. You further acknowledge the scope of this release further applies to any claim or demand on account of invasion of right to privacy, infringement of moral rights, publicity or personality, copyright, use of likeness, or any similar ownership or usage of any Digital Media (defined below).
You expressly acknowledge and understand that you will be automatically opted into communications from YogaWorks with regard to the services provided, branding, marketing, or anything else and that it is your duty to opt out through the procedures outlined in such communications. You expressly acknowledge and understand that in YogaWorks facilities you may be filmed, livestreamed and recorded (collectively, the “Digital Media”) to a remote audience and your likeness captured, held, stored, reproduced, replayed, and distributed to a broader audience and that your allowed participation in the services is full consideration for such license and agreement for your likeness to be so captured, streamed, recorded, and used. You acknowledge that any such Digital Media is fully owned by YogaWorks throughout the universe and that YogaWorks shall owe you no royalty or additional consideration whatsoever for YogaWork’s use or exploitation of the Digital Media, that YogaWorks may reproduce, copy, modify, and create derivatives of such Digital Media, and that you waive the right to approve any such usage, in whatever form. You further expressly acknowledge and understand that your photo and/or video likeness may be used, without limitation, in connection with publicity, copyright, marketing, web content, social media, live stream, recorded classes, or other uses and that permission is expressly granted for such uses, and that no additional consideration outside of the services provided by YogaWorks will be provided.
You further acknowledge and agree that you shall not willfully engage in behavior that is objectively offensive or abusive, or conduct that is intended to disrupt classes or sessions. Any such willful disruptive behavior interferes with YogaWorks’ ability to conduct its business and will damage its brand and reputation. Therefore, you hereby agree to liquidated damages in the amount of $5,000 per occurrence as an objectively reasonable amount of damages which YogaWorks would incur as a result of your willful misconduct. Liquidated damages shall not be the exclusive remedy for YogaWorks. The enforceability of this liquidated damages clause shall not affect the enforceability of the rest of this Release. You agree that because the amount of damages that would be caused in the event you disrupt YogaWorks’ ability to conduct its business would be uncertain and difficult to ascertain, the $5,000 amount specified herein is fair and reasonably related to the amount of actual damages that would be caused per breach committed by you. The $5,000 liquidated damages amount shall not be concerned a penalty.
In the event that a dispute does arise with respect to YogaWorks in any capacity, you expressly acknowledge and agree to submit to mandatory binding arbitration, to be exclusively conducted in Los Angeles, California, for any and all such related claims, and thereby further waive any rights to trial by jury. Further you expressly acknowledge and agree to waive any rights that you may have to pursue or participate in a class or collective action pertaining to any such claims related to YogaWorks. This Release is intended to be interpreted as broadly as allowed under the law of the state where your primary YogaWorks facility is located.
By electronically signing or otherwise electronically accepting and agreeing to this Release you certify that you have carefully reviewed, fully understand and agree to the above.