Waiver of Liability and Indemnification Agreement
By registering on y4c.com (the “Website”) and participating in any of our classes, webinars, workshops, programs, courses, private sessions, reading our website, texts, emails, videos and blog posts and trying any of the activities we describe therein, and or future services we may develop and provide (each referred to, and collectively referred to as the “Activity”) whether hosted in person or on the Website, you are acknowledging that you have read and agree to the following Assumption of the Risk and Release and Waiver of Liability and Indemnification Agreement (this “Agreement”):
This Agreement is entered into among you as a participant in the Activity and or as a user of the Website, Yoga 4 Cancer, LLC and the Yoga 4 Cancer Foundation, Inc (together, “Y4C” or “we” or “us”).
This is an important legal document. Please read the following carefully and if you have any questions contact us at email@example.com before participating in the Activity or trying any of the postures or activities described on the Website.
Yoga is an activity that can be strenuous with inherent risks that include but are not limited to: falling, fainting, malfunction of the props, improper use of the props, errors in your judgment or in the judgment of the instructor or instructors or the misapplication of our method by you or us. We cannot anticipate the effect of cancer on each student and there could be additional risks associated with your form of cancer. These risks could result in injuries, including but not limited to, muscle soreness, bruises, strains, sprains, broken bones, torn ligaments, dislocated joints, or concussions. In very rare cases, catastrophic injuries such as stroke, heart attack, serious internal or head injuries or death could result from the performance of yoga or participation in the Activity.
All of the information we provide in the Activity is intended to be educational and must not be taken to be, the practice of medical or counseling care. For purposes of this agreement, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, or providing health care treatment, instructions, diagnosis, prognosis or advice.
Talk to your licensed medical provider before participating in the Activity. The information we provide and or presented during the Activity is for educational purposes only and it should never replace professional medical advice, diagnosis, or treatment. Do not disregard, avoid or delay seeking medical advice for any reason. If you are hurt call 911 or your licensed medical provider immediately. From time to time we may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and or mental condition.
By purchasing access to or participating in any Activity, using the Website, clicking play on any video linked to the Y4C website, by registering on the Y4C website clicking “I agree to” or otherwise signing this Agreement you acknowledge that the inherent risks of the Activity are serious, and that injury could result, that participation is voluntary and that you knowingly and willingly assume the inherent risks of the Activity.
In consideration of my voluntary participation in the Activity, You agree to release, waive and discharge Y4C from any and all present and future claims resulting from the ordinary negligence on the part of Y4C, its members, directors, agents, employees, volunteers, sponsors, interns, insurance providers, equipment manufacturers, service providers and subcontractors (together, “Releasees”). You agree that you will not hold Releasees liable in any way for any injury, death, or other damage resulting from your participation in the Activity or arising out of the ordinary negligence of Releasees in their delivery of or facilitation of or other connection to the Activity. You relinquish any rights that my spouse, heirs, estate or assigns may have to recover damages from Releasees as a result of any injury, death or other damage resulting from my participation in the Activity.
This Agreement is in effect until you notify us or cancel your registration on our website. You can request to cancel your registration by contacting us at firstname.lastname@example.org.
You further agree that if, despite this Agreement, you, or anyone on your behalf, makes a claim for liability, against any Releasee, related to any events caused by the ordinary negligence of Releasee or otherwise, you will indemnify, defend, and hold harmless each of the Releasees from any such liability, damages, debts, demands, suits, actions, awards, legal expenses, court costs, settlements, or other expenses that may be incurred as a result of such claim.
You agree that this Agreement is intended to be as broad and inclusive as permitted by the laws of the State of Vermont, and that if any portion of this Agreement is held to be invalid, the remainder of the agreement will continue in full force and effect.
If any disputes arise that are related in any way to this Agreement, then you consent that jurisdiction for such a dispute will be in the appropriate court in Chittenden County, Vermont.
This Agreement is governed by the laws of the State of Vermont, and represents the entire agreement of the parties related to the subject matter contained herein.