In consideration of and as inducement to my enrolling as a participant in the program offered by Forty4, LLC whether in-studio, in person, online, live, recorded or otherwise (collectively, with all related activities, the “Activities”) doing business as Sterling Hot Yoga Works, Sterling Hot Yoga Lexington, Sterling Hot Yoga, Sterling Hot Yoga On Demand and hereafter referred to as “SHY”, located at 185 Pasadena Dr. #140 Lexington KY 40503, I represent and agree as follows:

 

LIABILITY

I fully understand that participation in the Activities includes, without limitation, strenuous physical and mental activities and exercises, participating in the Activities with other participants, contact with unidentified and unfamiliar persons, participating in the Activities in new and unfamiliar places and manners, exposure to risks in the areas in which the Activities are conducted, and exposure to communicable diseases (including COVID-19 risks, as further detailed in COVID-19 Terms and Conditions).
All workouts, classes, use of weights, use of machinery and use of equipment and apparatus at Sterling Hot Yoga Lexington shall be at the members sole risk. Sterling Hot Yoga Lexington, its owners, employees, contractors, managers and all other related entities and individuals (collectively referred to herein SHY;), shall not be liable to member for any claims, demands, damages or causes of actions due to injury to members person or property arising out of or in connection with the use by member of the services, facilities and/or premises of any SHY location regardless of whether the injury or damages were caused by the negligence of SHY, its instructors, its employees or its agents. This waiver and release specifically applies to claims of negligent instruction and/or supervision that may arise as a result of injuries sustained during classes or training programs and the waiver and release applies regardless of whether the claimed injury occurred before, during or after any of the scheduled programs offered at SHY.

 

As further consideration for being allowed to participate in SHY activities it is expressly agreed that the use of all SHY premises and facilities (including but not limited to the workout floor area, outdoor areas, parking lots, locker rooms, showers, common areas, etc.), without limitation and whether engaging in exercise activities or not, shall be undertaken by a member at his/her sole risk. It is agreed that this waiver and release agreement applies to any and all incidents occurring on any SHY operated premises or facilities (including SHY locations other than members location of enrollment). This waiver and release agreement specifically applies to, but is not limited to, slip or trip and fall incidents, regardless of the cause.

 

COVID-19 TERMS AND CONDITIONS
In addition to and as a part of the Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement below:
I understand that Sterling Hot Yoga Lexington studio has recently re-opened following an extended period of closure ordered by government authorities in response to the ongoing COVID-19 (novel coronavirus) pandemic.

I understand 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.

I will not attend in-studio or any other in-person Activities conducted or organized by or through Sterling Hot Yoga if I am exhibiting symptoms of COVID-19 (which can include fever, cough, shortness of breath or difficulty breathing, chills, repeated shaking with chills, muscle pain, headache, sore throat, new loss of taste or smell), or if I have been exposed to a third party who has exhibited COVID-19 symptoms in the 14 days preceding my participation in the Activities.

I understand and expressly agree that my use of a Sterling Hot Yoga studio or participation in any other in-person Activities conducted or organized by or through Sterling Hot Yoga involves the risk that I could contract COVID-19 notwithstanding the mitigation measures in place by Sterling Hot Yoga. I understand that these risks are inherent to my use of the facilities or participation in such Activities and can range from mild symptoms to major illness, including death. I further understand and voluntarily accept full responsibility on my behalf for the risk of contracting COVID-19.

 

DRESS CODE POLICY
SHY wants you to come to class fully prepared for strenuous activity: athletic or yoga shorts/pants, athletic or yoga shirt, mat, towel and water bottle. We reserve the right to refuse you entrance into the studio if you are not properly attired.

 

AGE POLICY

NOTE: JUNE 1, 2020 = Age 15 and older may participate until further notice.
A parent or legal guardian must accompany ages 10-17 in the workout at all times. Classes are restricted Hot Pilates age 10-13 may participate in first 30min of class. No accessories may be used. Vinyasa, Iron Hour, Yin age 10-17 may participate in full class. No accessories may be used. Sterling 60/75/90 age 10-13 may participate for the floor series. Age 18 and above are considered adults and fully responsible for themselves.

 

90-MIN LATE CANCELLATION AND NO SHOW POLICY:
Sterling Hot Yoga Lexington enforces a strict 90-Minute cancellation policy. If you have reserved your place in a Sterling Hot Yoga Lexington class and fail to cancel 90-minutes in advance or fail to show for class you will be charged for class. Package holders who late cancel or no show will be deducted one class session. Auto paying members who late cancel or no show will be charged a fee. Email [email protected] 15 day written notification to make any changes your contract.

 

PERSONAL BELONGINGS
In signing this form I agree that SHY is in no way responsible for the safekeeping of my personal belongings while I attend class. I understand that classes at may be physically strenuous and I voluntarily participate in them with full knowledge that there is risk of personal injury, property loss or death. I agree that neither I, my heirs, assigns or legal representatives will sue or make any other claims of any kind whatsoever against or its members for any personal injury, property damage/loss, or wrongful death, whether caused by negligence or otherwise.

 

MEDIA RELEASE

We think you are gorgeous and would love to show you off! You agree and give us
permission to take photos, video and audio of you and to use it for promotional purposes.
Please let us know in advance if you don’t want us to use your media and of course, we will not do so. But, if we do not hear from you, we’ll assume you are cool with us posting you on our social media and putting you
on our websites and in our videos.

 

PREGNANCY

I certify that if I am currently pregnant, I am in good health, and that my physician and/or obstetrician is aware of my participation at SHY with weights, props, front side compression, heat, and physical activity. I assume and agree to hold harmless SHY, its staff, teachers, owners, building, lessors, and any other person, firm, or corporation from any and all claims directly and indirectly resulting from participation in classes offered under the auspices of Forty4LLC. I fully understand the scope of this activity and I voluntarily sign this form.