VOLUNTARY ASSUMPTION OF RISK, WAIVER, AND INDEMNIFICATION
Welcome! We are thrilled that you are here to move with us. But before you begin your first GOODBODYFEEL Class, we need you to clearly understand the risks of participating in our yoga and pilates classes and agree that you are voluntarily participating and cannot sue us if something goes wrong, and that if you injure someone else while you are here, then you are responsible for those costs. We will refer to GOODBODYFEEL, as “us” or “we” and we’ll refer to you as “you.” PLEASE READ CAREFULLY, UNDERSTAND FULLY, AND ASK QUESTIONS IF ANYTHING IS UNCLEAR. YOU ARE ABOUT TO SIGN AWAY SOME OF YOUR LEGAL RIGHTS. MAKE SURE YOU UNDERSTAND THIS DOCUMENT. In consideration for us allowing you to participate in the classes and services offered by GOODBODYFEEL, you agree as follows:
1. The Risks of What We Are Doing Together. You understand that participating in the classes and services that we offer at GOODBODYFEEL are activities that have inherent risks, some of which are more obvious than others. These risks can result in serious harm and injuries that could change your quality of life and in very rare and extreme circumstances may even result in death. Risks of these activities include but are not limited to the following:
1.1. Risks of movement, yoga, and mat pilates classes: muscle pulls, tears, and strains; sprained or broken bones; injuries from falling such as bruising or cuts; dizziness; fainting; feeling tired; erratic behavior by other students resulting in collision with other students.
1.2. Risks of reformer pilates classes: in addition to the risks outlined in Section 1.1 above, reformer pilates classes can result in cuts, bruises, or other injuries if the reformer machines break or are used improperly.
1.3. Risks of prenatal yoga/pilates. This section of the document applies only to women who are pregnant, have recently become pregnant or think that they may be pregnant (together, “Pregnant”). Practicing yoga or pilates movements while Pregnant comes with its own risks that you should be aware of before participating. It is understood that all of the risks of practicing yoga/dance/pilates outlined in section 1.1 above apply equally to practicing while Pregnant. In addition to these risks, practicing yoga/pilates while Pregnant can result in failed pregnancy, birth defects and enhanced nausea.
You understand that GOODBODYFEEL. offers a wide range of movement modalities and that any time you are moving your body there are certain cardiovascular and skeletomuscular risks. You agree to progress at your own pace and inform the instructor if at any time you feel unwell or unable to perform a movement safely.
2. Medical Advice. You acknowledge that you will consult with a physician prior to your participation in GOODBODYFEEL Classes or that you are certain that your medical and fitness levels are sufficient for you to participate. You acknowledge that your mental health and physical conditions will not prevent your full participation in yoga, pilates and other GOODBODYFEEL classes, and that you will disclose any serious medical conditions or injuries to the instructor prior to beginning a class in order to determine whether you can partake.
3. Voluntary Assumption of Risk. Having read this Waiver and being fully aware of the risks of participating in the Classes, your signature at the bottom of this Waiver and your participation in the Classes illustrates your voluntary participation and assumption of the risks of doing so. You agree that if you experience pain or discomfort, you will listen to your body, adjust the posture and ask for support from the teacher. Please continue to breathe smoothly. Release, Waiver, and Indemnity. Except as provided by applicable law, GOODBODYFEEL disclaims, and provides no representations, warranties, conditions or guarantees, express or implied, including any implied representations, warranties, conditions or guarantees of fitness for a particular purpose, merchantability and non-infringement. You hereby release GOODBODYFEEL., any affiliate of the foregoing and each of their respective partners, officers, directors, employees, volunteers, agents, executors, administrators, successors, and assigns (collectively, the “Released Parties”) from any liability and damages arising from any loss or damage to property and personal injuries or death, however caused including out of negligence of the Released Parties, during your participation in the Classes. You are releasing the Released Parties at your own risk and you agree to forfeit any and all forms of legal recourse which may be available to you, including but not limited to any form of damages, as a result of your participation in the Classes. You agree that these provisions above apply to you, your family, heirs, executors and anyone else who may be able to bring a legal action on your behalf in the future. You hereby indemnify and hold harmless the Released Parties from any and all liability for any property damage or personal injury to any third party resulting from your participation in the Classes.
4. Class Series and Expiry. Please see the studio website or come in person for all class packages, descriptions of the classes, list of instructors, and the price and expiry of each package. Purchases of multi-class packs and month memberships are non-refundable. We can transfer passes to another client for any of the 10-30 class packs. Please note that 1 month, 3 month, 6 month and 1 year unlimited passes are payable upfront, are not transferrable, and cannot be placed on hold. Our 10-30 class packs are good for 1 year from the date of purchase.
5. Class Cancellations. We are reasonable, so if something comes up, please let us know via telephone or e-mail within 6 hours and we can cancel or reschedule your class free of charge. If you have to cancel less than 6 hours before a booked class, your class pack will be deducted a class or if you are a month pass holder, your credit card will be charged for the missed class.
6. Media Release. We think you being part of our movement community is beautiful and would love to show it off! You agree to grant us the irrevocable right and permission to use, throughout the world and in perpetuity, your image, likeness, photographs, video content, audio recordings or any other record of you that is submitted to us directly (via email, Facebook, Instagram or other messaging service) or posted on your social media account with the GOODBODYFEEL, Ritual Flow, Ritual Movement Method, or any other affiliated hashtags or that tags GOODBODYFEEL’s social media account, whether captured by you, us, or a third party, for any purpose whatsoever without asking you for permission. You also release us from all claims that you may have in relation to the use of your image and any posts made by you in the ways mentioned above. That was a bunch of legal language that gives us permission to use photos and videos of you that we take during our Classes and Training or that you post on your social media account that are related to your workouts or experiences with GOODBODYFEEL. For example, it gives us permission to repost photos of you that tag us.
7. Intellectual Property. You acknowledge that that trademarks and copyrighted materials of GOODBODYFEEL are proprietary to Us and may not be used by you for any reasons other than as expressly permitted by these terms. All website content and design, text, graphics, and interfaces and all software are the property of GOODBODYFEEL. You have the right to view, electronically copy and print in hard copy portions of the Website for the sole purpose of making class reservations, purchases, or other personal use. Any other uses of the materials on the Website without the prior written permission of GOODBODYFEEL is strictly prohibited.
9. Dispute Resolution. If problems arises we want to be prepared and know that you are willing to have honest and open communication. If a dispute arises out of, or in connection with this Agreement, the parties agree to meet in person with an objective third party to act as the mediator, to be selected using a roster mediator, to pursue resolution through negotiation and mediation before resorting to further legal recourse or litigation.
10. Minors. In Ontario, if you are under the age of 18 you are considered to be a minor. We would still love for you to attend classes, but as a new student you must have a parent or guardian come in to the studio to sign this waiver and release form on your behalf.
11. Other Terms. This Agreement will be governed by the laws of Ontario. If any provisions of this Agreement is invalid or unenforceable, the other provisions in the Agreement will remain in full force and effect. The headings used in this Agreement are for stylistic purposes only and none of the content in the headings are intended to be legally binding.
I HAVE READ THIS VOLUNTARY ASSUMPTION OF RISK, RELEASE AND INDEMNITY AGREEMENT (THE “WAIVER”) AND FULLY UNDERSTAND ITS CONTENTS AND VOLUNTARILY AGREE TO ITS TERMS. I AM AWARE THAT THIS IS A BINDING LEGAL CONTRACT AND THAT BY SIGNING THIS AGREEMENT, I AM GIVING UP CERTAIN RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS AND ASSIGNS MAY HAVE.