In checking the box below, I have read and understood the foregoing. This permission form applies to all subsequent visits and consultations unless revoked by me in writing.
In order to induce One Down Dog LLC, a California limited liability company, to permit me to participate in yoga and fitness-related activities it might from time to time offer, by this Release and Waiver of Liability (the “Release”) I hereby irrevocably release and waive for myself and my heirs, assigns and personal representatives (hereinafter individually and collectively referred to as “I”
) any and all past, present or future claims I might have against One Down Dog LLC (“One Down Dog”
), its agents, owners, officers, volunteers, participants, employees, affiliates, and all other persons or entities acting in any capacity on its behalf (One Down Dog, its agents, owners, officers, managers, teachers, instructors, workshop presenters, volunteers, participants, employees, independent contractors, staff affiliates, and all other persons or entities acting in any capacity on its behalf are hereinafter individually and collectively referred to as the “Releasees
”), as follows:
1. I acknowledge and understand that One Down Dog offers yoga and fitness instruction via classes, workshops, trainings and/or other activities (collectively, “Activities)at physical studios it operates, by means of live-streaming, videos, podcasts, apps and/or other digital platforms as well as events or programs organized or operated by it away from its studios, including parks, beaches, community centers, and schools, etc. As is the case with any physical activity, the risk of injury to me, even serious or disabling injuries, is always present and cannot be entirely eliminated. I further acknowledge and understand that yoga and fitness instruction involves (i) strength, flexibility, aerobic, cardiovascular, and other exercises and movements which may include the use of equipment; and, (ii) or manual adjustments which may include an instructor, assistant or trainee guiding my body to a pose or specific movement.
2. I consent to my body being touched and receiving manual adjustments during any class or private instruction in which I participate. It is my responsibility to inform the instructor if I prefer not to be touched.
3. I acknowledge and understand that yoga is not a substitute for medical attention, examination, diagnosis, or treatment and that One Down Dog does not diagnose or prescribe treatment for any illnesses or injuries.
4. I represent that I am now, and for so long as I participate in fitness/yoga-related Activities offered by One Down Dog will continue to be, in sufficient physical and mental health, and/or that I have consulted with a physician and I am able to undertake and engage in the physical movements and exercises in sessions that I have chosen to take with One Down Dog. I understand my physical limitations and I am sufficiently self-aware to stop or modify my participation in any yoga/fitness related activity before I become injured or aggravate a pre-existing injury.
5. I affirm that I, alone, am responsible for deciding whether to participate, or to continue to participate, in fitness/yoga-related Activities offered by One Down Dog. I further affirm I am solely responsible to discontinue my participation in any activity I feel is beyond my capability to safely perform.
6. My participation in such Activities, wherever and however One Down Dog might offer them to me, is purely voluntary, and I elect to participate in them in spite of the risks. I expressly acknowledge, agree, accept, and assume all of the risks existing in doing so.
7. To the fullest extent permitted by law, I hereby waive, release and discharge the Releasees from any claim or cause of action I now or hereafter might have against them or any of them, whether sounding in contract or tort, arising from or in any way related to (i) my use of the services, facilities or equipment of One Down Dog; (ii) my participation in fitness and yoga-related classes or other offerings of One Down Dog whether at physical studios it operates; by means of live-streaming and videos; at events or programs organized or operated by it away from its studios, including parks, beaches, community centers, and schools; or, otherwise; or, (iii) the transmission to me of any sickness, virus, pathogen, or disease including, without limitation, COVID-19.
8. I acknowledge that there is a risk that I may be exposed to COVID-19 if I participate in yoga/fitness Activities led by One Down Dog. I acknowledge that such participation may result in exposure to COVID-19 or other illness, which could result in quarantine requirements, serious illness, disability, and/or death. I acknowledge that One Down Dog is not responsible if I become exposed to COVID-19 and/or other illness while participating in such Activities. I therefore assume the full risk and responsibility for any harm that may result if I am exposed to COVID-19 or other illness by participating in any such Activities.
In consideration of being permitted to participate in the Activities, I agree to assume full responsibility for any risks, injuries or damages, known or unknown, including exposure to COVID-19 and potentially serious medical issues or death, that I might incur as a result of participating in the Activities, including those which may result from the negligence of the Studio. If I have any of the Risk Factors (as defined below) for increased risk of coronavirus infection (“COVID-19) or other contagions, I will consult with a physician before I participate in any with One Down Dog and will follow the physician’s advice. I am aware that my participation in the Activities at the physical location of the Studio could result in exposure to COVID-19. I am aware that, if I am over the age of 65 or have an underlying medical problem (such as asthma, chronic kidney or lung disease, diabetes, hemoglobin disorders, immunocompromised or with significant liver disease, heart conditions or other risk factors) (collectively, “Risk Factors”), I have an increased risk of contracting serious medical issues or potential death if I am exposed to COVID-19 or other illness.
I acknowledge that COVID-19 infections have been confirmed in every state in the United States and throughout the world. In accordance with the guidance and protocols issued by the Centers for Disease Control and Prevention, the State of California Department of Health (collectively, the “Health Authorities”) for slowing the transmission of COVID-19, I hereby agree, represent, and warrant that I shall not visit or utilize the facilities, services, and programs of One Down Dog within fourteen (14) days after: (i) returning from any areas subject to a CDC Level 3 Travel Health Notice, (ii) exposure to any person returning from any areas subject to a CDC Level 3 Travel Health Notice, or (iii) exposure to any person who has a suspected or confirmed case of COVID-19. I further agree that I shall not visit or utilize the facilities, services, and programs of the physical location of the Studio if I: (i) experience any symptoms of COVID-19, including, without limitation, fever, cough or shortness of breath, (ii) have a suspected or diagnosed or confirmed case of COVID-19 or (iii) believe that I have been exposed to COVID-19. I agree to notify the Studio immediately if I believe that I have been exposed to COVID-19, have been diagnosed as having COVID-19 or if I experience any of the symptoms of exposure to COVID-19 as described above.
9. I acknowledge and agree that in any suit, action, arbitration or other proceeding to interpret or enforce this Release, the prevailing party therein shall, in addition to any other award of damage or other remedy, be entitled to recover its reasonable attorney’s fees.
10. In the event that a dispute arises under this Release, I acknowledge and agree the matter will be resolved solely and exclusively by binding arbitration to take place in Los Angeles, California, under the commercial arbitration rules of the American Arbitration Association.
11. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
12. I acknowledge this Release is governed by the laws of the State of California.
13. I acknowledge that photographs and/or videos may be taken of me while I participate in classes and other yoga/fitness-related Activities One Down Dog may offer, and I agree One Down Dog may use my name, voice and likeness in such photographs or videos without paying me any additional consideration in connection with (i) promoting its services by means of publicity, advertising, marketing, web content, social media, or otherwise; and (ii) providing its services by means of live-stream, recorded classes or otherwise.
14. I acknowledge I have read and understood this Release and agree to be bound by its terms.