Release, Indemnification, and Hold Harmless Agreement
In consideration of participating in health or fitness club, or yoga studio activities, and for other good and valuable consideration, I hereby agree to release and discharge from liability arising from negligence Dragonfly Hot Yoga, LLC and its owners, directors, officers, advisors, employees, instructors, childcare workers, agents, volunteers, participants, and all other persons or entities acting for them (hereinafter collectively referred to as “Releasees”), on behalf of myself and my children, parents, heirs, assigns, personal representative and estate, and also agree as follows:
- I acknowledge that health or fitness club and yoga studio activities involve known and unanticipated risks, which could result in physical or emotional injury, paralysis or permanent disability, death, and property damage. Risks include, but are not limited to: musculoskeletal injuries, broken bones, and/or overuse injuries, injuries caused by equipment that breaks or otherwise fails; death as a result of overheating or brain damage caused by overheating; medical conditions resulting from physical activity; and damaged, clothing or other property. I understand such risks simply cannot be eliminated, despite the use of safety equipment, without jeopardizing the essential qualities of the activity.
- I expressly accept and assume all of the risks inherent in this activity or that might have been caused by the negligence of the Releasees. My participation in this activity is purely voluntary and I elect to participate despite the risks. In addition, if at any time I believe that event conditions are unsafe or that I am unable to participate due to physical or medical conditions, then I will immediately discontinue participation.
- I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Releasees from any and all claims, demands, or causes of action which are in any way connected with my participation in this activity, or my use of their equipment or facilities, arising from negligence. This release does not apply to claims arising from intentional conduct. Should Releasees or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
- I represent that I have adequate insurance to cover any injury or damage I may suffer or cause while participating in this activity, or else I agree to bear the costs of such injury or damage myself. I further represent that I have no medical or physical condition that could interfere with my safety in this activity, or else I am willing to assume and bear the costs of – all risks that may be created, directly or indirectly, by any such condition.
- In the event that I file a lawsuit, I agree to do so solely in the state where Releasees’ facility is located, and I further agree that the substantive law of that state shall apply.
- I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
- I agree that is in no way responsible for the safekeeping of my personal belongings while I attend class. I understand that classes at may be physically strenuous and I voluntarily participate in them with full knowledge that there is risk of personal injury, property loss or death. I agree that neither I, my heirs, assigns or legal representatives will sue or make any other claims of any kind whatsoever against or its members for any personal injury, property damage/loss, or wrongful death, whether caused by negligence or otherwise.
- I grant to Dragonfly Hot Yoga LLC, the right to take photographs and video (Live streaming yoga classes and other On Demand content) of me. I authorize Dragonfly Hot Yoga LLC, its assigns and transferees to copyright, use and publish the same in print and/or electronically. I agree that Dragonfly Hot Yoga may use such photographs of me with or without my name and for any lawful purpose, including for example such purposes as publicity, illustration, advertising, and Web content. I agree that if I do not want my picture taken, it is my responsibility to inform the staff at Dragonfly Hot Yoga, LLC. Dragonfly Hot Yoga will respect and honor all requests to not be photographed or filmed.
Class Cancellation: If I reserve a class spot, and I don’t cancel at least four hours before the class starts, I am aware I will be charged a late fee for that class ($10 and loss of used pass).
Private Yoga Sessions: If I book a private class, and I cancel with less than 24 hours notice, I will be charged the FULL AMOUNT. If I cancel with less than 48 hours notice, I will be charged half the amount. Otherwise, a 10% fee will be charged to cover processing fees.
Workshops/Events: To get a refund for a workshop or other event, I must cancel 48 hours or more prior, and a 10% fee will be charged to cover processing fees.
Membership Cancellation: If I become a member with a commitment greater than 30 days, I will give at least 30 days written notice to cancel (email or letter) after my commitment has passed. If I fail to settle an unpaid membership balance, it may result in me being barred from Dragonfly studios and the unpaid balance may be sent to collections if left unresolved for more than 30 days.
I understand undisputed fees will be processed after 48 hours.
I acknowledge that all passes and memberships are non-refundable. In the rare case in which a refund is granted, I acknowledge that all refunds will be made as account credit, not to original form of payment (unless we charged you in error).
I may not combine offers/discounts. I am aware there is no sharing or transferring of class passes. I will be aware of expiration dates!
I agree to stay home from class if I am feeling under the weather or have symptoms of a communicable illness. I agree to be mindful of others and not expose other clients to illness. If I need to cancel due to illness I will email email@example.com
I agree to respect all clients and staff. If I witness bullying (racist, sexist, homophobic, ageist, etc.) behavior on Dragonfly premises, I will do my best to speak up and/or make management aware. This can be done anonymously. We want to ensure Dragonfly remains a safe space for all.
I agree that if I am hurt or my property is damaged during my participation in this activity, then I may be found by a court of law to have waived my right to maintain a lawsuit against the parties being released on the basis of any claim for negligence.
I have had sufficient time to read this entire document and, should I choose to do so, consult with legal counsel prior to signing. Also, I understand that this activity might not be made available to me or that the cost to engage in this activity would be significantly greater if I were to choose not to sign this release, and agree that the opportunity to participate at the stated cost in return for the execution of this release is a reasonable bargain.
I have read and understood this document and I agree to be bound by its terms.