I hereby acknowledge and agree to the following:
- Even with clear instruction there is the possibility of injury and that it is my responsibility to consult a physician regarding any and all matters involving my personal health and including without limitation: (a) any prior or existing injuries; and (b) my ability to participate in the programs offered before coming to a YYOGA Studio.
- I attest that I have no psychological, medical or emotional condition that would prevent me from safe participation in a YYOGA class.
- YYOGA uses third party tools (e.g. Zoom) to provide live streaming classes. I understand that YYOGA does not endorse or approve and is not responsible for the privacy practices of these third parties or my use of such third party tools. I also understand and agree that YYOGA is not responsible or liable for any third party tools used to provide live streaming classes.
- I understand that some YYOGA classes may be recorded or live-streamed (the “Recording”) and that notification of such recording or live streaming will be placed beforehand outside the studio where such recording or live steaming will take place. By entering such studio, I will thereby have given my irrevocable consent for YYOGA to proceed with the recording or live streaming. I hereby waive any rights that I may have (including without limitation, rights to privacy, publicity, compensation, copyright or other rights) in and to my likeliness, appearance and voice in connection with the Recording and authorize YYOGA to use same for marketing purpose and in its publications including web-based publications.
I release and discharge YYOGA, its associated and affiliated companies and their respective directors, employees and instructors from all liability, claims, demands or actions that I may take resulting from injury, death, or damages arising from my participation in the physical activity classes (i.e. yoga, fitness, indoor cycling) offered by YYOGA, my utilization of YYOGA facilities and services (i.e. sauna, shower, changing rooms, bathrooms), and the production, distribution, exhibition, promotion or other use of the Recording, including losses caused by the negligence of the released parties.
- I understand that YYOGA is not responsible for the loss, theft or damage of guests’ personal items.
- I understand that all YYOGA classes are provided to me for my personal use. I will not record, reproduce or share any YYOGA classes (whether in-person, through video, stream or otherwise) with others.
There is a global COVID-19 pandemic (the “Pandemic”), which remains in the community and a risk to all community members.
YYOGA is re-opening its facilities for use by its members provided that members conduct themselves in accordance with government and public health orders, directions and recommendations and other laws applicable to the Pandemic (collectively, the “Public Health Measures”).
- I agree that my right to use YYOGA facilities during the Pandemic is conditional upon my agreement to and compliance with Public Health Measures in place.
- I agree that I will not attend any YYOGA facility if:
If I am a healthcare professional, 12(c) above applies to me if the said contact occurred while I was not wearing appropriate proper personal protective equipment.
- In the past 14 days, I have had any symptom of COVID-19, including but not limited to fever, cough, or difficulty breathing;
- I or anyone I live with has tested positive for COVID-19, and I have not yet been cleared to discontinue isolation in accordance with applicable criteria communicated by public health officials;
- In the past 14 days, I have had close contact with a person who, to my knowledge, had any symptoms of COVID-19 or has tested positive for COVID-19, and I have not yet been cleared to discontinue isolation in accordance with applicable criteria communicated by public health officials; or
- I am currently subject to a quarantine or self-isolation order.
- While using YYOGA facilities, I agree to comply with all hygiene, social distancing, and other directions and rules made by YYOGA or imposed by YYOGA staff in order to attempt to limit the spread of COVID-19
- If I breach any of the terms above, I agree that YYOGA may prohibit me from accessing any of YYOGA’s facilities in accordance with terms set by YYOGA and YYOGA may exercise any of its other rights or remedies in the circumstances, whether at law or in equity.
- I am also aware and acknowledge that:
- COVID-19 (including variations and mutations) is a highly communicable virus that can cause, among other conditions, severe respiratory illness, sometimes leading to death, in individuals who contract it.
- Risks, dangers and hazards of COVID-19 exist throughout YYOGA facilities.
- Persons infected with COVID-19 may be in close proximity to me at YYOGA facilities, and I may be exposed to and contract the COVID-19 virus at YYOGA even if I comply with all Public Health Measures and do not come within six feet of another person while using YYOGA facilities.
- I FREELY ACCEPT AND ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE OR LOSS RESULTING THEREFROM
I AGREE TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against any of the Pure Freedom YYOGA Wellness Inc. and Pure Freedom YYOGA Centers BC Inc., its past, present and future directors, officers, employees, instructors, agents, representatives, volunteers, independent contractors, subcontractors, sponsors, related or associated entities, and their predecessors, heirs, executors, administrators, successors and assigns (hereinafter collectively referred to as the “Releasees”), and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer, or that my next of kin may suffer, where such loss, damage, expense or injury is caused or contributed to by becoming infected with COVID-19 as a result of my use of or my presence on the premises DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, c. 337 ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE;
- YYOGA is not responsible or liable to you, or any person claiming through you, for failure to supply or fulfill any YYOGA programs, benefits or activities, including, without limitation, any in-person or virtual activities, in the event YYOGA, its vendors or their respective operations are affected by any acts of god, any action, regulation, order, or request by any governmental or quasi-governmental entity, equipment failure, actual threatened terrorist acts, weather, natural phenomenon, war (declared or undeclared), fire, embargo, labor dispute or strike, labor or material shortage, transportation, interruption of any kind, civil disturbance, insurrection, riot, epidemic, pandemic (specifically including the ongoing COVID-19 Pandemic), public health or safety issues or matters, or any laws, rules, regulations or orders or other action adopted or taken by any national, federal, state, provincial, or local government authority, or any other cause, whether or not specifically mentioned above.
- I recognize that this agreement of release and waiver of liability is a legal contract and that I have complete knowledge of its contents.
- I agree that:
- I am above the legal age of majority in my province or territory of residence (19 or older in BC) and do not require parent or guardian consent. OR;
- I hereby warrant and represent that I am the parent or legal guardian of the above-named minor (minors are defined as AGE 18 OR YOUNGER in British Columbia or AGE 17 OR YOUNGER in Ontario). I consent to and confirm the terms and conditions above. I hereby fully indemnify YYOGA, its associated and affiliated companies and their respective directors, shareholders, officers,agents, employees and instructors from and against any claim, action, liability, settlement, judgment, loss or damage (including but not limited to legal fees) which they may suffer or incur as a result of any death, injury or damage suffered or caused by the above- signed minor in association with his/her participation in classes at YYOGA.
- I have read this agreement and fully understand its contents and meaning, and sign it of my free will.