1. I am or will be participating in Classes, Health Programs, or
Workshops (the “Programs”) offered by Butterfly Transformation &
Healing, LLC (DBA Hot Yoga RTP/Cary/Morrisville) (hereinafter "Hot Yoga
RTP/Cary/Morr) during which I will receive information and instruction
about yoga, fitness, health & wellness. These classes entail
intensive physical activity conducted in a heated room (up to about 105
degrees Fahrenheit, 40% humidity) and exertion by me. I recognize,
realize and understand that such physical activity and exertion may be
difficult and strenuous, and may cause or aggravate a physical injury or
medical condition. I am fully aware of and accept the risks and hazards
involved.
2. I understand that it is my responsibility to consult
with a physician prior to and regarding my participating in the Classes,
Health Programs or Workshops, and to receive prior medical clearance to
participate. I also understand my responsibility to continuously
monitor my health and seek guidance from my health care provider should I
encounter any discomfort, and to ensure that I am physically able to
continue participation. I represent that I am physically fit, and I have
no medical condition or injury that would prevent my full participation
in Classes, Health Programs, and Workshops.
3. In consideration of being permitted to participate in Classes,
Health Programs, or Workshops, I agree to fully assume all
responsibility for any risks, conditions, injuries or damages, known or
unknown, which I might incur or aggravate as a result of my
participating in same. I release and hold Butterfly Transformation &
Healing, LLC (DBA Hot Yoga RTP/Cary/Morrisville), its employees, and
its agents harmless against any and all liability, damage, and/or
expenses arising out of or in connection with actions, claims, and/or
damages resulting in personal injuries and disabilities (physical and/or
psychological) that I might incur as a result of the Classes, Health
Programs, or Workshops.
4. In further consideration of being permitted to participate in the
Classes, Health Programs, or Workshops, I knowingly, voluntarily, and
expressly waive any claim I may have or acquire against Hot Yoga
RTP/Cary/Morrisville, or the landlords of any premises at which it may
operate, for any injury, condition or damages that I may sustain as a
result of entering or being on the premises or participating in the
Programs. I agree that Hot Yoga RTP/Cary/Morrisville is in no way
responsible for the safekeeping of my belongings. I understand that
unclaimed items left in the studio for more than 3 days will be
transferred to a donation center.
5. I, my heirs or legal representatives forever release, waive,
discharge, hold harmless, agree to defend, and covenant not to sue
Butterfly Transformation & Healing, LLC (DBA Hot Yoga
RTP/Cary/Morrisville), or the Landlords of any premises at which it may
operate, for any injury, condition, or death which arises, is caused by
or is aggravated by reason of my participation in the Classes, Health
Programs, or Workshops.
6. I understand that it is my continuing responsibility to inform the
instructor(s) at Hot Yoga RTP/Cary/Morrisville of any previous or new
medical conditions, injuries or surgeries prior to taking classes as
well as other times as I acquire information.
7. The tuition (class fee) paid is non-refundable. Refunds, if any,
shall be entirely within the sole and exclusive discretion of Butterfly
Transformation & Healing, LLC (DBA Hot Yoga RTP/Cary/Morrisville).
Retail items are non-refundable, and exchanges are within the sole and
exclusive discretion of Butterfly Transformation & Healing, LLC (DBA
Hot Yoga RTP/Cary/Morrisville).
8. I also understand that I have no claims and hereby waive all
claims established or underway against Butterfly Transformation &
Healing, LLC (DBA Hot Yoga RTP/Cary/Morrisville) or the landlords of the
premises (except for monetary refund) by reason of their refusal to
allow me to participate in the Programs.
9. I agree to comply with all rules and regulations of the studio,
including but not limited to [Membership Options/Specials] and [Studio
Conduct Code / Studio Etiquette] as described in the "Terms and
Conditions" section of this liability waiver. I understand and agree to
provide accurate and current proof of age, education, military and/or
other status to qualify for various studio [Membership
Options/Specials]. I understand and agree to adhere to [Studio Conduct
Code/Studio Etiquette], which define the behavior commitments for a safe
& compassionate environment free of judgment, bullying,
micro-inequity, and/or other language-actions-behaviors deemed
inappropriate by Butterfly Transformation & Healing, LLC (DBA Hot
Yoga RTP/Cary/Morrisville). I understand that any violation of these
rules and regulations will result in dismissal from the studio including
termination of my membership and forfeiture of any tuition/fees paid.
No refund shall be due or required.
I have read the above Release and Waiver of Liability, and fully
understand its contents, and I am voluntarily waiving all rights to all
claims now known or unknown due to my participation in the Programs
and/or presence on site. I voluntarily agree to the terms and conditions
stated above, and agree to indemnify, defend, and hold harmless
Butterfly Transformation & Healing, LLC (DBA Hot Yoga
RTP/Cary/Morrisville) in all instances. If any provision of this
Agreement is held by a Court of competent jurisdiction to be invalid,
void or unenforceable, the remaining provisions shall nevertheless
continue in full force and effect without being impaired or invalidated
in any way.
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