Waiver

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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