1. I am or will be participating in Virtual or Studio Classes, Workshops or Specialized Training (hereinafter called “Programs”) offered by Butterfly Transformation & Healing, LLC (DBA Hot Yoga RTP/Cary/Morrisville or "Hot Yoga RTP/Cary/Morr") during which I will receive information and instruction about yoga, fitness, health & wellness. These classes include physical exertion by me, in my self-selected virtual space or in a heated room (about 105 degrees Fahrenheit, 40% humidity). I understand and agree 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. I understand and approve the session recordings and photos which may be taken to support student training, virtual classes, social media or other studio events.
2. I understand that it is my responsibility to consult with my physician/health care provider to confirm appropriate medical advice or clearance prior to participating in studio Programs. I also understand my responsibility to continuously monitor my health and seek guidance from my physician/health care provider should I encounter any discomfort, and to confirm that I am physically able to continue participation.
3. I represent that I am physically fit, and I have no medical condition or injury that would prevent my full participation in studio Programs or present a danger to others. 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.
4. I agree to comply with the following [Studio Safety, Health, and Etiquette] behaviors:
5. In consideration of being permitted to participate in these Programs, 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 participation. 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 these Programs.
6. In further consideration of being permitted to participate in these Programs, 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.
7. 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.
8. I understand that tuition (class fees) paid and other retail purchases are non-refundable. Options such as credit, exchange or other proposed ideas are at the sole and exclusive discretion of Butterfly Transformation & Healing, LLC (DBA Hot Yoga RTP-Cary-Morrisville).
9. 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.
10. I have read the above [Studio Safety & Liability Waiver], and fully understand its contents, and I voluntarily waive 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.