Hot 8 Yoga
Participant Agreement, Release and Assumption of Risk (The Agreement)
I have voluntarily elected to use and, if applicable, to allow the minor child(ren) identified below and all minor children under my supervision and referred to individually and collectively herein as “Child”, to use the Hot 8 Yoga facilities and participate in Hot 8 Yoga’s yoga and other physical fitness programs in a heated or non- heated environment (the “Hot 8 Yoga Facility”). In consideration for being allowed to use said facilities and equipment, and any other services provided by Hot 8 Yoga LLC or its employees or agents at said location, or any other location within the State of California , including travel to any locations off of Hot 8 Yoga’s studio in order to participate in activities associated with the yoga studio, I represent, acknowledge and agree as follows:
I acknowledge and agree that this Agreement covers and is intended to release and provide other benefits, legal protections, and consideration to Hot 8 Yoga LLC, and its respective and collective agents, owners, officers, managers, shareholders, affiliates, volunteers, participants, employees, subsidiary entities and all other persons or entities acting in any capacity on its respective or collective behalf (collectively, “H8Y”)
RELEASE OF POTENTIAL INJURIES
I acknowledge and agree that the use of equipment and the facilities, including without limitation the participation in a yoga class or other physical fitness classes in a heated room at the Hot 8 Yoga Facility may involve risks. These risks include serious physical or emotional injury, paralysis, death, damage to myself, the Child, and/or third parties, and damage to personal property of any or all such persons. These risks may result from a variety of circumstances including, but not limited to, the use or misuse of the equipment or facilities, from the activity itself, from the acts of myself or others, including Hot 8 Yoga and its agents or from the unavailability of emergency medical care. I acknowledge that the Hot 8 Yoga Facility may at any time engage in activities within the studio room that involve the use of reduced and altered or theatrical lighting and special effects, which can increase the inherent and obvious dangers of the activity. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity, which I further agree is for recreational purposes and completely voluntary. I acknowledge and agree that, while the yoga class and other activities that take place at the Hot 8 Yoga Facility are monitored generally by Hot 8 Yoga Facility employees, it is not feasible for such employees to monitor the activities and actions of all customers at all times or all customers simultaneously. Furthermore, Hot 8 Yoga Facility employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s health or abilities. They may be given incomplete warnings or instructions, and the equipment being used might malfunction.
VOLUNTARY ASSUMPTION OF RISK
I acknowledge and agree that I and the Child are participating voluntarily at our own risk. I acknowledge and agree that the actions or activities of other customers or the actions or inactions of Hot 8 Yoga Facility employees could cause me or the Child significant bodily injury (as described in this Agreement), and that H8Y is not responsible for the actions or activities of customers using the Hot 8 Yoga Facility or the negligence of its employees in supervising the Hot 8 Yoga Facility or its usage, including actions, activities, or omissions that result in such harm. Some of the risks include, but are not limited to, the following:
a) Participants may die or become paralyzed, partially or fully, through their use of the Hot 8 Yoga facility and participation in Hot 8 Yoga activities.
b) Participants may suffer pulled or torn muscles or the transmission of disease strains and allergic reactions through use of the Hot 8 Yoga Facility or contact with other participants or surfaces they have contacted. Participants may sprain, pull, break or otherwise seriously externally or internally injure their body. Participation may result in heat stroke, heart attacks, dehydration and other exertion-related medical events.
I acknowledge I have been examined by a licensed physician in the past 6 months and have been found to be in good health and have no disability, impairment, injury, disease or ailment preventing me from engaging in active or passive exercise in the heat or otherwise or which would cause increased risk or injury or adverse health consequences as a result of use of the Hot 8 Yoga Facility. I consent to medical treatment for emergencies that occur at a Hot 8 Yoga Facility, either during or are related to my participation of an activity where I am unable to consent to such treatment.
STANDARD OF CARE
I acknowledge that I am to receive instruction in Yoga theory and exercise only and I will not hold H8Y, to any higher standard of care than that applicable to school of Yoga theory and exercises.
LOST OR STOLEN ITEMS
I acknowledge that I will not hold H8Y liable for any lost or stolen property which may occur in any Hot 8 Yoga Facility or other location outside of a Hot 8 Yoga location during a Hot 8 Yoga event.
AGREEMENT TO PAY MY OWN MEDICAL EXPENSES
I acknowledge, accept, and assume the risk of any and all medical conditions, limitations, or disabilities (whether temporary or permanent) that I or the Child possess, whether known or unknown, which might contribute to or exacerbate any injury I or the Child might sustain as a result of using the Hot 8 Yoga Facility or any of its equipment. I acknowledge and agree that if medical assistance (of any form, including emergency care, hospitalization, out-patient care, and/or physical therapy) is required or performed as a result of any injury I or the Child sustains while using the Hot 8 Yoga Facility, such assistance shall be at my own expense.
RELEASE OF LIABILITY
The Releasing Parties hereby forever, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue H8Y, and their successors, predecessors-in-interest, and insurers (collectively, the “Releasees") from any and all claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, charges, expenses, attorneys’ fees, damages, judgments and liabilities, of whatever kind or nature, in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, related to or arising, directly or indirectly, from my or the Child’s access to and/or use of the Hot 8 Yoga Facility, premises and/or its equipment, the Child’s and/or my entry into the Hot 8 Yoga Facility, the condition, maintenance, inspection, supervision, control or security of the Hot 8 Yoga Facility, the failure to warn of dangerous conditions in connection with the Hot 8 Yoga Facility, and/or the acts or omissions of H8Y or any of the Releasees, including, without limitation, any claim for negligence, failure to warn or other omission, property damage, personal injury, emotional injury, illness, bodily harm, paralysis or death. I understand that this release and waiver applies not only to use of the heated yoga rooms and restrooms including showers, but also all other equipment, and all activities at the Hot 8 Yoga Facility. I understand that this release and waiver applies to and includes all activities that I or my Child engage in at the premises, whether inside or outside the Hot 8 Yoga Facility. In the event that any claim released herein is brought by, or asserted on behalf of, the Releasing Parties, I shall immediately defend, indemnify and hold harmless the Releasees, and any of them, from any loss or liability, including reasonable attorneys' fees, associated therewith or arising therefrom.
On the Child’s and my behalf, I knowingly and voluntarily waive any and all rights and benefits conferred upon us by the provisions of Section 1542 of the California Civil Code or by any similar law or provision, which Section reads as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
I understand and fully acknowledge and agree that all of the risks identified herein and any other risks associated with use of the Hot 8 Yoga facility and its equipment are beyond the control of the Releasees. I agree and acknowledge that should H8Y or any other Releasee or anyone acting on their behalf, be required to incur attorneys' fees and/or costs to enforce this agreement, I agree to immediately defend, indemnify and hold H8Y and any other Releasee or them harmless for and against all such attorneys’ fees and/or costs.
ARBITRATION OF DISPUTES; TIME LIMIT TO BRING CLAIM
I understand that by agreeing to arbitrate any dispute as set forth in this section, I am waiving my right, and the right(s) of the minor child(ren) above, to maintain a lawsuit against H8Y and the other Releasees for any and all claims covered by this Agreement. By agreeing to arbitrate, I understand that I will NOT have the right to have my claim determined by a jury, and the minor child(ren) above will NOT have the right to have claim(s) determined by a jury. Reciprocally, H8Y and the other Releasees waive their right to maintain a lawsuit against me and the minor child(ren) above for any and all claims covered by this Agreement, and they will not have the right to have their claim(s) determined by a jury. ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO MY OR THE CHILD’S ACCESS TO AND/OR USE OF THE HOT 8 YOGA PREMISES AND/OR ITS EQUIPMENT, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE BROUGHT WITHIN ONE YEAR OF ITS ACCRUAL (i.e., the date of the alleged injury) AND BE DETERMINED BY ARBITRATION IN THE COUNTY OF THE HOT 8 YOGA FACILITY, CALIFORNIA, BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS RULE 16.1 EXPEDITED ARBITRATION RULES AND PROCEDURES. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION. This Agreement shall be governed by, construed and interpreted in accordance with the laws of the State of California, without regard to choice of law principles. Notwithstanding the provision with respect to the applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Sec. 1-16). I understand and acknowledge that the JAMS Arbitration Rules to which I agree are available online for my review at jamsadr.com, and include JAMS Comprehensive Arbitration Rules & Procedures; Rule 16.1 Expedited Procedures; and, Policy On Consumer Minimum Standards Of Procedural Fairness.
PHOTO/VIDEO/SOCIAL MEDIA WAIVER
In connection with my and the Child’s use of the Hot 8 Yoga Facility, I consent to the recording of the Child’s and my physical likeness and/or voice through mechanical, photographic, technical, digital, electronic or other means (“Recordings”). I hereby consent to and authorize H8Y and its agents, representatives, employees, successors and assigns to use, in perpetuity, such Recordings, as well as the Child’s name and my name, for any purpose, including advertising, promoting, exploiting and/or publicizing any Hot 8 Yoga Facility. I further agree that the foregoing includes the consent to use the Child’s and/or my physical likeness in any form. In addition, I waive any and all claims I may have in connection with the Recordings.
I consent to sending and receiving SMS messages containing class confirmations, exclusive content, promotional offers, and other content to and from us. Message and data rates may apply. To opt out, you may reply STOP at any time. You understand and agree that text messages sent to your mobile phone/device may be generated using automated technology. Your consent to receive text messages is not required to make a purchase or take a class.
TERM OF AGREEMENT
I understand that this agreement extends forever into the future and will have full force and legal effect each and every time I or my child(ren)/ward(s) visit Hot 8 Yoga, whether at the current location or any other location or facility.
SAFETY IS YOUR RESPONSIBILITY: I AND EACH CHILD AGREE TO FOLLOW THE CODE OF PATRON RESPONSIBILITY:
a) You acknowledge that there are inherent risks in the participation in any hot yoga room, and that such risks include not only practicing in the room, but other activities and equipment. Patrons of a hot yoga facility, and those who engage in any other activities or use any other equipment, by participation, accept the risks inherent in such participation of which the ordinary prudent person is or should be aware. Patrons have a duty to exercise good judgment and act in a responsible manner while participating in an aerobics class in a hot room and other equipment, and while engaging in such activities. Patrons have a duty to obey all oral or written warnings and instruction, or both, prior to or during participation, or both.
b) You have a duty to not participate in any activity in a Hot 8 Yoga facility, or engage in any other activity or use any other equipment, when under the influence of drugs or alcohol.
c) You have a duty to not participate in any activity in a hot room, or engage in other activities or use other equipment, if you have pre-existing medical conditions, circulatory conditions, heart or lung conditions, recent surgeries, back or neck conditions, knee or ankle conditions, high blood pressure, known pregnancy, any history of spine, musculoskeletal or head injuries, or if you may be pregnant.
d) You have a duty to remove inappropriate attire including shoes inside the yoga rooms
e) You have a duty to avoid bodily contact with other patrons.
f) You have a duty to participate in a Hot 8 Yoga class within your own limitations, training and acquired skills.
g) You agree to faithfully follow and obey all Hot 8 Yoga employee’s instructions given to you by a Hot 8 Yoga employee including without limitation as to when, where and how to perform and not to perform yoga exercises, it being understood that any deviation by you from such instruction shall be at your own risk. I understand that at the instructor’s discretion, I could be asked to leave the class if found to be disruptive to others.
h) In the event that you are pregnant, you have a duty to not attend a Hot 8 Yoga Facility until you have discussed the risks with you obstetrician. You have a duty to follow your doctor’s recommendations and will not hold Hot 8 Yoga responsible for any injuries to yourself or your fetus caused in part or in whole by your failure to follow your doctor’s recommendation.
I would like to receive email promotions, discounts, and other advertisements from H8Y and its partners at the email address provided below. I may unsubscribe at any time. I have had sufficient opportunity to read this document and understand that it relates to surrendering and releasing valuable legal rights. I do so freely and voluntarily. I have read and understood and agree to be bound by its terms. I understand that employees working at the Hot 8 Yoga Facility, including the manager, do not have the authority to waive any provision of this Agreement. This Agreement constitutes and contains the entire agreement between H8Y and me relating to the Child’s and my use of the Hot 8 Yoga Facility. There are no other agreements, oral, written, or implied, with respect to such matters. I agree that if any portion of this Agreement is found to be unenforceable, the remaining portions shall remain in full force.
By signing below, I represent and warrant that I am the parent, legal guardian, or power-ofattorney of the above listed Child(ren) and have the authority to execute this Agreement on his/her or their behalf and to act on his/her or their behalf. I have read each and every paragraph in this document and I and they agree to be bound by the terms stated therein, including the release of liability contained therein. I further agree to indemnify and hold harmless the Releasees from any and all claims which are brought by or on behalf of this or these minor Child or Children, or any of them, which are in any way connected with, arise out of, or result from their use of the Hot 8 Yoga Facility. I am 18 years of age or older. I am entering this agreement on behalf of myself, my spouse or domestic partner, the Child, and our respective and/or collective issue, parents, siblings, heirs, assigns, personal representatives, estate(s), and anyone else who can claim by or through such person or persons (collectively, the “Releasing Parties”). IN SUMMARY, BY MY SIGNATURE BELOW, I ACKNOWLEDGE THAT IF I OR ANY OF MY CHILDREN ARE INJURED IN ANY WAY, THIS WAIVER PREVENTS AND PROHIBITS ANY RECOVERY OF MONEY FROM ANY HOT 8 YOGA RELATED ENTITY
PRINTED NAME: __________________________________
SIGNATURE: _____________________________________ Date: _______________
PRINTED NAME OF CHILD (IF APPLICABLE)___________________________________