Agreement of Release and Waiver of Liability
1. I am participating in yoga classes and or workshops (collectively, the “Activities”) offered by VI Wellness Flow (the “Company”). The Activities may be provided in a physical location or offered online through videos, television, podcasts, apps, or other digital media or platforms. All such physical or online offerings shall be considered “Activities.”
2. I understand the activities include physical movement and an opportunity for relaxation, stress re-education, and relief of muscular tension. As with any physical activity, the risk of injury, even serious or disabling, is always present and cannot be entirely eliminated. If I experience any pain or discomfort, I will listen to my body, discontinue the activity, and ask for support from the instructor. I understand participation is at my own risk, and I assume full responsibility for any and all damages which may incur through participation.
3. I understand that the Activities may require intense physical exertion, and I represent and warrant that I am physically fit enough to participate and that I have no medical condition which would prevent my full participation in the Activities.
4. I recognize that the activities may not be recommended or safe under certain medical conditions as they may cause or aggravate a physical injury or medical condition. This includes if I am pregnant, have become pregnant, or post-natal or post-surgical. I understand that it is my responsibility to consult with a physician before I participate in the Activities. If I have done so, I have taken the physician’s advice.
5. I am aware that the Activities are not a substitute for medical attention, examination, diagnosis, or treatment. I am aware that my participation in the Activities could result in high blood pressure, fainting, heartbeat disorders, physical injury, heart attack, or stroke and may aggravate pre-existing injuries. I understand that I could experience muscle, back, neck, and other injuries as a result of my participation in the Activities. I understand my physical limitations and am sufficiently self-aware to stop or modify my participation in any Activity before I become injured or aggravate a pre-existing injury.
6. 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, which I might incur as a result of participating in the Activities, including those which may result from the negligence of the Company.
7. I understand that the Company reserves the right to refuse my participation in any Activity on medical, fitness, or other grounds.
8. In further consideration of being permitted to participate in the Activities, I knowingly, voluntarily, and expressly waive any “Claim” (as defined below) I may have against the Company, its owners, managers, teachers, instructors, workshop presenters, employees, independent contractors and staff (each, a “Released Party”) that I may sustain as a result of participating in the Activities at the Company even if the Claim arises from the negligence of any Released Party or anyone else.
a. I agree to indemnify and hold harmless each Released Party from any loss, cost, or liability incurred in defending any Claim made by me or anyone making a Claim on my behalf, even if the Claim is alleged to or did result from the negligence of any Released Party or anyone else.
b. “Claim” includes but is not limited to any and all liabilities, claims, demands, expenses, fees, legal actions, rights of actions for damages, personal injury, mental suffering, and distress, or death that I may suffer, my spouse, children or unborn child may suffer (including any legal fees or expenses) in connection with participation in any Activity.
9. I, my heirs, or legal representatives forever release, waive, discharge, and covenant not to sue any Released Party for any Claim caused by any negligence or other acts of a Released Party.
10. I hereby understand that the Company, from time to time, may photograph, video, or otherwise record Activity sessions. Such photographs and videos will be used for social media and marketing purposes through the Company’s website, social media platforms, and electronic or print media for marketing purposes. I hereby consent to the use of my image that may appear in any such photograph or video.
11. This agreement shall be construed in accordance with and governed by the laws of the United States Virgin Islands. All actions, suits, claims, and proceedings relating to this agreement shall be brought in a court of competent jurisdiction in the United States Virgin Islands. In case any provision of this agreement shall be held invalid, illegal, or unenforceable, it shall not affect any other provision of this agreement. This agreement shall be construed as if such provision had never been contained herein.