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WAIVER & RELEASE FORM

Because physical exercise can be strenuous and subject to risk of injury, including serious injury or death, the Alloy Personal Training (also known as the “Club”) urges you to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. You (each member, guest, or participant) agree that if you engage in any physical exercise or activity, or use any club amenity on the premises or off premises including any sponsored club event, you do so entirely at your own risk. Likewise, dietary modifications can cause a variety of changes and can create problems, including as it relates to your energy, stamina, appetite, and mood. Any recommendation for changes in diet including the use of food supplements, weight reduction and/or body building enhancement products are entirely your responsibility and you should consult a physician prior to undergoing any dietary or food supplement changes. You agree that you are voluntarily participating in these activities and use of these facilities and assume all risk of injury, illness, or death. We are also not responsible for any loss, damage, or disappearance of your personal property.

This waiver and release of liability includes, without limitation, all injuries which may occur, as a result of: (a) your use of all amenities and equipment in the facility and your participation in any activity, class, program, personal training or instruction; (b) the sudden and unforeseen malfunctioning of any equipment; (c) our instruction, training, supervision, or dietary recommendations; (d) any on-line or virtual training; or (e) your slipping and/or falling while in the club, or on the club premises, including adjacent sidewalks and parking areas. This waiver also includes any claim associated with the presence of or transmission of any bacteria, viruses, or infectious diseases.

You understand that the Club occasionally photographs/videotapes client events/sessions and you consent your approval for the Club to use these images or video in any and all media for promotional purposes with no financial or other remuneration due to you.


By signing below, you acknowledge that you have carefully read this "waiver and release" and fully understand that it is a Release of Liability. You expressly agree to release and discharge the club, and all affiliates, employees, agents, representatives, successors, or assigns, from any and all claims or causes of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against the Club for negligence, personal injury or property damage. 


 In consideration of gaining access to the facilities and/or being granted permission to participate in hot yoga classes and other activities, including community yoga classes, public fitness events, livestream and/or videos, associated with or given in connection with Yoga Lab, LLC dba Atha Yoga (Atha), and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby waive, release, disclaim, forgive and forever discharge Atha, and its respective owners, members, partners, mangers, directors, officers, employees, representatives, executors, successors, assigns, legal representatives, staff, teachers, landlord, and all others associated with Atha (collectively the Released Parties) from any and all known or unknown claims, causes of action, demands, responsibilities, conditions, injuries, death, damages or liability resulting from and/or in connection with my participation in such hot yoga classes and other yoga classes and/or activities at Atha.

1. I have been informed of and understand the policies and procedures set forth by Atha and I have had the opportunity to discuss my specific needs, if any, in relation to participating in hot yoga classes, or other activities at Atha; and, as a result, I am voluntarily requesting to participate in hot yoga classes and/or other activities provided at Atha.

2. I understand and acknowledge the existence of risks, both known and unknown, in connection with hot yoga classes and other activities at Atha, including, but not limited to (a) classes offered at Atha involve intensive physical exercise conducted in a room heated to temperatures of approximately 105-110 degrees Fahrenheit and may exceed such temperatures, and (b) participation in hot yoga classes will include physical activity and exposure to heated temperatures that may be difficult and very strenuous and may cause or aggravate physical injuries and/or medical conditions up to and including death. I knowingly and expressly assume such risks (including unknown risks and/or risks which have not been expressly described to me), and accept the responsibilities for any and all injuries or damages I may sustain, directly or indirectly, by, as a result of, or in connection with my participation in hot yoga classes and/or other activities including, without limitation, those sustained or incurred via the use of Atha facilities and/or equipment. Without limitation, I acknowledge and accept responsibilities for any injuries or damages arising out of hot yoga classes and/or other activities that involve risk in any of the following areas while on Atha premises: use of Atha equipment, participation in group activities related to exercise, activity, hot yoga and yoga; incidents that occur within Atha facilities, locker rooms, dressing rooms, showers and other areas associated with Atha.

3. I acknowledge that it is my responsibility to consult with a physician before engaging in any hot yoga classes, yoga classes, or before beginning any exercise program, and/or other activities associated with Atha. I represent and warrant to Atha that I have been examined by a physician within the last six months and have been found to be in good physical health, have no condition or injury which would negatively impact my full (or medically modified) participation in hot yoga classes and/or other activities at Atha, and I am able to safely perform hot yoga and/or other exercises and/or activities offered at Atha.

4. I will follow the instructions given by Atha teachers and instructors. I acknowledge that any deviation from those directions are done at my own risk. I acknowledge that I should avoid all alcohol and/or drug (including legally prescribed drugs) use, stimulants and/or pain medication, and if I take medication it is my responsibility to obtain clearance from my physician that use of that medication is not contraindicated for or with my participation in hot yoga or in heated environments and activities at Atha. I acknowledge that it is my responsibility to eat and hydrate properly (including adequately hydrating during classes or activities) while participating in hot yoga classes and/or other activities at Atha.

5. I have informed Atha of any existing medical conditions, injuries or surgeries prior to my first class or other activity at Atha. I will promptly inform Atha of any and all new medical conditions, injuries, surgeries or any condition which I feel is pertinent to my ability to safely participate in classes and activities offered at Atha, and/or any condition that my physician has advised me may negatively impact my health or my ability to safely participate in hot yoga and /or any other activity at Atha. I acknowledge that it is my continuing responsibility to inform Atha of any medical conditions or concerns that may arise. If I am or become pregnant, I hereby warrant that I have discussed the risks with my physician, have obtained clearance from my physician and have fully disclosed such clearance and provided in writing such clearance from my physician to participate in any hot yoga class or other activity at Atha to an authorized representative of Atha. I will follow the recommendations of my physician and I acknowledge that Atha has no responsibility, or ability for that matter, to receive my medical records to confirm or review my compliance with the recommendation(s) or my physician.

6. If I am under the age of 18, I have disclosed this to Atha. My parent and/or legal guardian has signed this waiver and consent for me. I understand that no one under the age of 14 will be permitted to participate in hot yoga classes or any activity at Atha.

7. Tuition and fees are nonrefundable and nontransferable. No exceptions will be made.

8. Atha does not manufacture any of the fitness or other equipment at its facilities but purchases or leases equipment from third parties. As such, I

acknowledge and agree that Atha is solely providing recreational services and may not be held liable for defective products.

9. I expressly acknowledge and understand that I will be automatically opted into communications from Atha with regard to the services provided, branding, marketing, or anything else and that it is my duty to opt out through the procedures outlined in such communications.

10.              The Atha facility is equipped with surveillance cameras for security purposes. Atha shall have the right to make audio, video and/or other recordings (whatever called or however stored or retained) of any element of any yoga class or other activity, whether on or off and surrounding Atha premises and all activities in preparation of and/or in connection therewith. If and to the extent such recordings contain my likeness, picture, image, audio/recording of my voice, I irrevocably grant Atha and its respective successors and assigns the right to use same as contained in such recordings, or any derivatives thereof, individually or as a part of a collective work or compilation, and I irrevocably grant to Atha and its successors and assigns, the irrevocable right to use, reuse, publish, republish, incorporate, distribute, import and/or sell, in whole or in part, such likenesses, images, pictures, audio recordings of me and the derivatives of each in any media and for any lawful uses, including without limitation, illustration, promotion, advertising, and/or trade, all without compensation to me or any person or entity claiming for, through or behalf of me.

11.              I acknowledge and agree that harassment, discrimination or rude/offensive conduct of any type or any nature, whether based on race, gender, gender identification, sex, sexual orientation, age, religion or religious affiliation, disability, pregnancy, national origin, veteran status, or any other protected category, is wrong, unfair and will not be tolerated in any way at Atha. I acknowledge that the statement above prohibits unwelcome advances, propositions, requests for favors, verbal abuse of any nature, offensive comments or behavior, rude and abusive conduct, sexual or racial or other offensive language, unwelcome touches or unwelcome physical contact. If I engage in harassing or discriminating conduct, including rude or offensive conduct, as determined by Atha in its sole and absolute discretion, I will be subject to appropriate legal action including being asked to leave the Atha premises and being prohibited from returning. If I see, or if I am aware of, a violation of the foregoing, Atha has requested that I inform the owner immediately and/or to email the info@athayogaclt.com.

12.              I agree to follow Atha’s social distancing and safety protocols. Although strict measures are being taken by Atha to prevent the spread of airborne viruses including COVID-19 (such as social distancing, staggered classes, and deep sanitization, etc.), I acknowledge that attending classes and/or community events at Atha could result in infection, including COVID-19 related illness. I hereby waive, release, disclaim, forgive and forever discharge Atha, and its respective owners, members, partners, mangers, directors, officers, employees, representatives, executors, successors, assigns, legal representatives, staff, teachers, landlord, and all others associated with Atha (collectively the Released Parties) from any and all known or unknown claims, causes of action, demands, responsibilities, conditions, injuries, death, damages or liability resulting from or in any way related to participation in any of the events or activities conducted by, on the premises of, or for the benefit of, Atha provided that this waiver of liability does not apply to any acts of gross negligence, or intentional, willful or wanton misconduct, further, it is acknowledged that operation during the pandemic does not fall into these categories.

13.              I acknowledge that awareness is fundamental to the practice of yoga. As a student participating in classes offered at Atha, it is my sole responsibility to monitor each activity that I engage in at Atha and to determine whether it is appropriate for me to participate and at what level. 14. Although Atha takes security seriously, I acknowledge that none of the Released Parties has any responsibility for the safekeeping of my belongings within or around the facility at Atha.

HAVING READ THE PRECEDING, I ACKNOWLEDGE FULL UNDERSTANDING OF THE WAIVERS, RELEASES AND RISKS DESCRIBED AND/OR SET FORTH AND KNOWINGLY AGREE TO ACCEPT FULL RESPONSIBILITY FOR MY EXPOSURE TO SUCH RISKS AND FULLY WAIVE, RELEASE, DISCLAIM AND FOREVER DISCHARGE EACH OF THE RELEASED PARTIES FROM ANY AND ALL KNOWN AND UNKNOWN CLAIMS, CAUSES OF ACTION, DEMANDS, RESPONSIBILITIES, CONDITIONS, INJURIES, DEATH, DAMAGES, LOSS OF PROPERTY, AND/OR LIABILITY RESULTING FROM AND/OR IN CONNECTIONS WITH MY PARTICIPATION OR PRESENCE IN SUCH HOT YOGA CLASSES, AND/OR OTHER ACTIVITIES AT ATHA. I VOLUNTARILY AGREE TO ACCEPT ALL OF THE TERMS AND CONDTIONS ABOVE.

 

Today's Date: July 26, 2024

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Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
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 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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