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Yoga Om Alaska
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PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK In consideration of the services of Yoga OM Alaska, Yoga OM, Sonia and/or David Auld, their kin, agents, owners, officers, volunteers, students, participants, employees, & all other persons or entities acting in any capacity by, through, under or on their behalf (hereinafter collectively referred to as the indemnified parties) I hereby agree to release, indemnify, and discharge the indemnified parties on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows: I acknowledge that my participation in performance and training, individual and group initiatives, problem solving exercises, personal growth and development exercises utilizing yoga, aerial yoga, silks and vertical rope entails known and unanticipated risks that could result in physical or emotional injury or death. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things: the hazards of slips and falls; being struck by objects dislodged or dropped from above; the hazards from using safety ropes and equipment; the risks of falling off equipment; the risks of landing improperly on a safety mat; the risks of being entangled in safety lines; my own physical condition, and the physical exertion associated with this activity. Furthermore, the indemnified parties (instructors) have difficult jobs to perform. They seek safety, but they are not infallible and among other things (1) they might misjudge their own ability, (2) they might misjudge the weather or other environmental conditions, (3) they may give incomplete or inaccurate instructions or warnings, and (4) the equipment being used might malfunction. I expressly agree and promise to accept and assume all of the risks existing in these activities. My participation in these activities is purely voluntary, and I elect to participate in spite of the risks I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless the indemnified parties from and against any and all claims, demands, suits, judgments, damages, liability, cost or expense, or causes of action, which are in any way connected with my participation in any activity at the indemnified parties property or my use of any of the indemnified parties’ equipment or facilities, including but not limited to those alleging negligent acts or omissions. By your access of the Yoga Om Alaska, LLC (YOA) and Soul Centered Living (TSCL) sites, located at the YOA and TSCL websites, social medias, Youtube channels, Vimeo or other online format for the general public, and Zoom classes for our members (collectively, “Yoga Om Alaska” “The Soul Centered Living"), additionally, by you voluntarily coming to the studio to engage with other students, instructors at any of the classes or at the lobby or common areas at the studio during this time of pandemic you: (a) acknowledge you have read, understand, and agree to be bound by these Terms; (b) agree to comply with all applicable laws, rules and regulations with respect to your use of the site; and (c) represent you are an adult at least eighteen (18) years of age and have the legal capacity to enter into contracts in the jurisdiction where you reside (d) have voluntarily and willingly chose to engage, exercise, come, show up at the studio at your own discretion knowing ALL the risks associated with contracting communicable diseases such as but not limited to flu, COVID-19 and other communicable diseases while in the premises. You also agree: 1. You are or will be participating in the Online Yoga Classes or In Studio Classes, Health Programs, and / or Workshops ("Online Classes") offered by Yoga Om Alaska, LLC and The Soul Centered Living during which you will receive information and instruction about yoga and health. These Online Classes may entail intensive physical activity and exertion by you. You recognize that such physical activity and exertion may be difficult and strenuous and like any physical activity there is a possibility you may cause or aggravate a physical injury or medical condition. You also recognize that In Studio Classes may have the high possibility of contracting communicable diseases while practicing in the studio. You are fully aware of, and accept the risks and hazards involved. 2. You understand that it is your responsibility to consult with a physician prior to and regarding your participation in the Online Classes and In Studio Classes and to receive prior approval to participate. You represent and warrant that you are physically fit and you have no medical condition, diseases or injury which would prevent your full participation in the Online Classes and In Studio Classes. If you are or may be pregnant, you agree that it is your responsibility to consult with a physician before participating in the Online Classes or In Studio Classes. 3. In consideration of being permitted to participate in the Online Classes, or In Studio classes you agree to assume full responsibility for any risks, conditions, injuries, any communicable diseases and damages, known or unknown, which you might incur, contract or aggravate as a result of your participation in the same. You agree that you will not perform postures that you think may cause injury to yourself pursuant to your medical history or for any other reason. If at any time during the Online Classes or In Studio Classes you feel discomfort or strain in a posture, you agree to gently come out of the posture. You understand that you may rest at any time during the In-Studio or Online Classes. You understand that it is important in the Online Classes and In Studio Classes as well as outdoor classes to listen to your body and respect its limits on any given day. 4. In further consideration of being permitted to participate in the In-Studio or Online Classes, you knowingly, voluntarily, and expressly waive any claim you may have or acquire against Yoga Om Alaska, The Soul Centered Living, Shakti Rising and Yoga Om Alaska's instructors or staff, for any injury, condition, communicable diseases contracted or damages that you may sustain as a result of participating in the In Studio, Outdoor or Online Classes. 5. You, your heirs or legal representatives forever release, waive, discharge and covenant not to sue The Soul Centered Living, Shakti Rising, Yoga Om Alaska and Yoga Om Alaska’s instructor(s) and staff or landlord for any injury, communicable diseases, condition, or damages which arise(s), is caused by, or is aggravated by reason of your participation in the In Studio, Outdoor or Online Classes. 6. By accessing any In Studio Classes, Outdoor Classes, Online Class given by Yoga Om Alaska or The Soul Centered Living via the platforms Zoom, Vimeo or YouTube, you hereby agree to the above Terms. I certify that I will bear the costs to cover any injury, diseases or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have. Should the indemnified parties or anyone acting on their behalf, be required to incur reasonable attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. Notwithstanding anything to the contrary herein, in the event that I file a lawsuit against the indemnified parties, I agree to do so solely in the state of Alaska, and I further agree that the substantive law of Alaska shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect. By signing this document, I acknowledge that if anyone is hurt, or property is damaged or lost during my participation in this activity, I waive my right to maintain a lawsuit against the indemnified parties on the basis of any claim from which I have released them herein. MEDIA/PHOTO WAIVER: I hereby authorize and give my full consent to Yoga OM Alaska to copyright and/or publish any and all photographs, digital recordings, videotapes and/or film in which I appear may be used for public view. I further agree that Yoga OM Alaska may transfer, use or cause to be used these digital recordings, photographs, videotapes, or films for any exhibitions, public displays, publications, commercials, art and advertising purposes, television programs, and internet without limitations or reservations. -I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms. I agree that a digitally reproduced/scanned version of this waiver is fully valid and representative of the original, signed executed copy. -I certify to the best of my knowledge that I DO NOT have any of the following: Heart disease,glaucoma, high or low blood pressure, epilepsy, fainting spells, recent surgery or severe injury. Any of the previous conditions disqualify students from participating in aerial yoga classes.
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