RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS & INDEMNITY AGREEMENT (“Agreement”)

BY CONFIRMING THAT YOU “AGREE” BELOW, YOU WILL WAIVE CERTAIN LEGAL RIGHTS INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION.

PLEASE READ CAREFULLY.

In consideration of MOSAIC YOGA INC. (“Mosaic”) permitting me to attend its classes, workshops, lectures, training programs and/or other programming (collectively, “Programming”), I (or my parent and/or legal guardian, if applicable) hereby agree as follows:

1. I understand that the Programming may involve the following hazardous activities (“Activities”): yoga, Pilates, barre, dance, rope-wall yoga, aerobics, functional movement, strength conditioning, pre-natal yoga, and/or post-natal yoga; rapid, intense, repetitive and/or isolated movements; full-body exercise and exertion; fast and high-impact movement on hard, low-friction surfaces; use of equipment that may fail or become defective; and/or close proximity and physical contact with others who attend or participate in such Activities.

2. I UNDERSTAND THAT THE PROGRAMMING AND ACTIVITIES WILL EXPOSE ME TO RISKS, DANGERS AND HAZARDS, AND I VOLUNTARILY ACCEPT AND ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS, INCLUDING BUT NOT LIMITED TO THE POSSIBILITY THAT I WILL SUFFER SERIOUS INJURY, MUSCLE STRAINS, LIGAMENT SPRAINS, BONE FRACTURES, SPINAL INJURIES, INFECTIOUS DISEASES, HEART ATTACK, ILLNESS, DIZZINESS, FAINTING, PREGNANCY COMPLICATIONS OR FAILURE, DISABILITY, PARALYSIS AND/OR DEATH. I UNDERSTAND THAT IN THIS AGREEMENT, “INFECTIOUS DISEASES” INCLUDES BUT IS NOT LIMITED TO THE CORONAVIRUS DISEASE 2019 (COVID-19).

3. I understand that Mosaic and its staff members do not provide medical advice and I warrant that I will not rely on them for such advice. I assume sole responsibility to regularly consult a physician in order to confirm in advance that I can safely attend and participate in the Programming and Activities.

4. I understand that Mosaic does not warrant that its safety procedures will remove the risks, dangers and hazards to which I will be exposed during the Programming and Activities. I assume sole responsibility to use additional or alternative procedures that I believe are helpful or necessary, and to promptly advise Mosaic staff members as to whether I grant or withhold my consent to physical contact during the Programming and Activities.

5. I warrant that I will immediately advise Mosaic staff members of any circumstance of which I become aware that could prevent me or others from safely attending or participating in the Programming or Activities. I also warrant that I will abstain or withdraw from the Programming and Activities if I have any reason to believe that my attendance or participation could place myself or others at risk of harm.

6. I warrant that I will not attend or participate in any Programming or Activities if: (a) I am experiencing any symptoms of an infectious disease that are recognized as such by applicable federal, provincial and/or municipal government authorities (“Authorities”) (b) I may have been exposed to an infectious disease and have not since tested negative for the disease using testing methods recommended by Authorities; or (c) I am not in compliance with any current public guidelines issued by Authorities regarding how to avoid and prevent the spread of an infectious disease.

7. I warrant that I will comply with the following during the Programming and Activities: (a) all applicable Mosaic policies and procedures, which may be updated from time to time, including but not limited to the policies at this URL: http://mosaicyoga.ca/mosaic-agreements; (b) all customary practices for appropriate participation in the Programming and the Activities; and (c) all applicable guidelines issued by Authorities regarding infectious diseases, including but not limited to any guidelines for social distancing, hand sanitizing, wearing masks, and refraining from the preventable spread of mucus and saliva to others and/or surfaces that may be touched by others.

8. I UNDERSTAND THAT IN THIS AGREEMENT “RELEASED PARTIES” REFERS COLLECTIVELY TO MOSAIC AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, INSTRUCTORS, VENUE PROVIDERS, SERVICE PROVIDERS, SPONSORS, REPRESENTATIVES, AGENTS, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS.

9. I HEREBY IRREVOCABLY WAIVE ANY AND ALL CLAIMS, ACTIONS OR SUITS THAT I HAVE OR MAY HAVE AGAINST THE RELEASED PARTIES, AND FOREVER RELEASE AND DISCHARGE THE RELEASED PARTIES FROM ANY AND ALL LIABILITY FOR ANY LOSS, DAMAGE, COSTS, EXPENSES, PROPERTY DAMAGE AND INJURIES INCLUDING DEATH THAT I OR MY NEXT OF KIN MAY SUFFER AS A RESULT OF, OR IN CONNECTION WITH, MY ATTENDANCE OR PARTICIPATION IN THE PROGRAMMING OR ACTIVITIES, DUE TO ANY CAUSE WHATSOEVER INCLUDING BUT NOT LIMITED TO: (I) NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF STATUTORY DUTY ON THE PART OF THE RELEASED PARTIES, INCLUDING ANY BREACH OF A DUTY OF CARE OWED UNDER THE OCCUPIERS’ LIABILITY ACT, R.S.O. 1990, C. O.2 AND ANY FAILURE TO PROTECT OR SAFEGUARD ME FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE; (II) ANY BREACH OF MY OBLIGATIONS, WARRANTIES OR REPRESENTATIONS IN THIS AGREEMENT; OR (III) ANY NEGLIGENT OR WILLFUL ACTS OR OMISSIONS BY ME, WHETHER ACTUAL OR ALLEGED.

10. I AGREE TO INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, SUITS, DEMANDS, LIABILITIES, LOSSES, DAMAGES OF ANY KIND, COSTS AND EXPENSES, INCLUDING REASONABLE LEGAL FEES, WHICH MAY BE INCURRED BY ANYONE AS A RESULT OF MY ATTENDANCE OR PARTICIPATION IN THE PROGRAMMING OR ACTIVITIES, DUE TO ANY CAUSE WHATSOEVER INCLUDING BUT NOT LIMITED TO ANY BREACH OF MY OBLIGATIONS, WARRANTIES OR REPRESENTATIONS IN THIS AGREEMENT, OR ANY NEGLIGENT OR WILLFUL ACTS OR OMISSIONS BY ME, WHETHER ACTUAL OR ALLEGED.

11. I UNDERSTAND THAT MOSAIC PROVIDES NO WARRANTIES WHATSOEVER AS TO THE PROGRAMMING AND ACTIVITIES, AND THAT MOSAIC EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE PROGRAMMING AND ACTIVITIES, INCLUDING AND WITHOUT LIMITATION ANY WARRANTIES OF SAFETY, ACCURACY, SUITABILITY FOR ANY PURPOSE, ABSENCE OF ERRORS AND ABSENCE OF INTERRUPTION.

12. I irrevocably submit to the exclusive jurisdiction of the courts of Toronto, Ontario for any legal proceeding arising out of or in relation to this Agreement. This Agreement and all matters arising out of or in connection with it shall be construed exclusively in accordance with, and governed exclusively by, the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of laws.

13. If any part of this Agreement is found to be invalid or unenforceable, the remainder shall not be affected and shall remain in full force and effect.

14. This Agreement shall be effective and binding upon my heirs, next of kin, successors, executors, administrators, representatives and assigns.

I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT, AND I AM AWARE THAT BY CONFIRMING THAT I “AGREE” I AM WAIVING CERTAIN LEGAL RIGHTS THAT I OR MY HEIRS, NEXT OF KIN, SUCCESSORS, EXECUTORS, ADMINISTRATORS, REPRESENTATIVES AND ASSIGNS MAY HAVE AGAINST THE RELEASED PARTIES.

I AGREE TO THE TERMS OF THIS AGREEMENT AND DO SO FREELY, VOLUNTARILY AND WITHOUT INDUCEMENT, ASSURANCE OR GUARANTEE.