Acknowledgement of Risk and Release of Liability
For Members over the Age of Majority in British Columbia in which the Yoga/Fitness/Health Club Activities are provided by Mumma Magma Yoga (the “Organization”).
WARNING: THIS AGREEMENT WILL AFFECT YOUR LEGAL RIGHTS. READ IT CAREFULLY!
Every Member Must Read and Understand this Waiver before Participating in Yoga/Fitness/Health Activities.
The following waiver of all claims, release from all liability, assumption of all risks, agreement not to sue and other terms of this agreement are entered into by me, the undersigned Member (the “Member”) with and for the benefit of Mumma Magma Yoga (the “Organization), owner Tamu Miles, its employees, contractors, sub-contractors, instructors, staff, volunteers, business operators, site property owners (The Loft Studios), renters or lessees.
1. “Yoga/Fitness/Health Activities” include but are not limited to contact and non-contact Yoga/Fitness/Health activities, classes, lessons, training, use of facilities, workshops and/or other wellness offerings, events, health programs, body work, exercise, movement, breathing exercises, mediation techniques, consultation, chanting, prayer, healing arts activities, sound experiences, craft projects and other services provided to the Member by the Organization.
2. I am aware that there are inherent and significant dangers, hazards and risks (“Risks”) associated with the participation in Yoga/Fitness/Health Activities. I am aware that the Risks include but are not limited to injury from physical contact with other Members, instructors or equipment, performing a skill incorrectly, or potentially dangerous obstacles, conditions on the floor or vicinity of the Yoga/Fitness/Health Activities. I understand that the Risks are relative to my state of fitness or health (physical, mental and emotional), and to the awareness, care and skill with which the Member conducts him or herself while participating in Yoga/Fitness/Health Activities. I acknowledge that all services provided by the Organization are for the sole purpose of self-improvement. I recognize that all services offered by the Organization are not a replacement for medical, counselling, psychotherapy or psychiatric treatment.
3. I freely accept and fully assume all responsibility for all Risks and possibilities of personal injury, death, property damage or loss resulting from my participation in Yoga/Fitness/Health Club Activities. I freely assume responsibility for my own safety. I agree that although the Organization has taken steps to reduce the Risks and increase the safety of the Yoga/Fitness/Health Club Activities, it is not possible for the Organization to make the Yoga/Fitness/Health Activities completely safe. I accept these Risks and agree to the terms of this waiver even if the Organization is found to be negligent or in breach of any duty of care or any obligation to me in my participation in Yoga/Fitness/Health Activities.
4. I acknowledge my obligation to inform the nearest employee of the Organization if I feel any pain, discomfort, fatigue or any other symptoms I may suffer during or immediately after my participation in Yoga/Fitness/Health Activities. I understand that I may stop participating at any time, and have the right to immediately withdraw from any exercise or drill in which the conduct of any party seems beyond the scope of training, makes me uncomfortable or which I believe will be harmful to me.
5. I confirm that I have reached the age of majority in British Columbia in which I am participating in Yoga/Fitness/Health Activities.
6. In addition to consideration given to the Organization for my participation in Yoga/Fitness/Health Activities, I and my heirs, next of kin, executors, administrators and assigns (my “Legal Representatives”) agree: a. to waive all claims that I or my Legal Representatives have or may have in the future against the Organization; and b. to release and forever discharge the Organization from all liability for all personal injury, death, property damage or loss resulting from my participation in Yoga/Fitness/Health Activities due to any cause, including but not limited to negligence (failure to use such care as a reasonably prudent and careful person would use under similar circumstances), breach of any duty imposed by law, breach of contract or mistake or error in judgment of the Organization.
7. I agree to be liable for and to hold harmless and indemnify the Organization from all actions, proceedings, claims, damages, costs demands including court costs and costs on a solicitor and own client basis, and liabilities of whatsoever nature or kind arising out of or in any way connected with my participation in Yoga/Fitness/Health Activities.
8. I agree that this waiver and all terms contained within are governed by the laws of British Columbia in which I am participating in Yoga/Fitness/Health Activities. I hereby irrevocably submit to the jurisdiction of the courts of British Columbia.
9. I confirm that I have had sufficient time to read and understand each term in this waiver in its entirety, and have agreed to the terms freely and voluntarily. I understand that this waiver is binding on myself and my Legal Representatives.
