Release and Waiver Of Liability

 

Definitions: 

 

In this document, 

 

“Acting Instructor” means an alternate or guest instructor leading the Mindful Life Practice (MLP) Activities.

 

“Activities” mean all a yoga classes, health programs, workshops and/or other wellness, body work, therapy, exercise and healing arts activities.

“Claim” includes but is not limited to any and all liabilities, claims, demands, expenses, fees, legal actions, rights of actions for damages, personal injury, mental suffering and distress, or death that I may suffer, my spouse, children or unborn child may suffer (including any legal fees or expenses) in connection with participation in any Activity.

 

“The Mindful Life Practice (or the MLP)” is the business operated by “Owner/Operator or Proprietor” (Alexandra McRobert).

 

“Online” means those activities offered digitally via the internet through videos, television, podcasts, digital apps or other digital media or platforms.

 

“Owner/Operator or Proprietor” means Alexandra McRobert.

 

“Principal Teacher” means Alexandra McRobert.

 

“Released Parties” includes The Mindful Life Practice(the MLP), the Principal Teacher, Acting Instructors, the Owner/Operator of the MLP,  and the owner of or tenant operating a Studio and any other parties associated with or under contract with the MLP.  

 

“Studio” means a physical location as designated by Principal Teacher or Acting Instructor.



 

I hereby agree to the following:

  1. Acknowledgment of Participation: I am participating in yoga classes, health programs, workshops and/or other wellness, body work, therapy, exercise and healing arts activities (collectively, the “Activities”) offered by The Mindful Life Practice (The MLP). The Activities may be offered in the physical location of the Studio or offered online by videos, television, podcasts, apps or other digital media or platforms. All of such offerings, either “in studio” or online, shall be considered “Activities.”

 

  1. Scope of Application: This waiver applies to group and private classes, programs, and all the MLP Activities whether online or In Studio. Most Activities will be conducted online or In Studio with some outdoor sessions that will be optional and based on weather. 

 

  1. Cancelling and Rescheduling Sessions: Private Activity Sessions are arranged by emailing, texting or contacting the owner/operator, Principal Teacher or an Acting Instructor. If I am arranging a private session, I agree to provide at least 48 hours notice. To cancel a private session, I agree to normally provide 24 hours unless exceptional circumstances arise. I can sign up for private session Activities no less than 2 hours prior to the session starting and only after consent from the owner/operator, Principal Teacher or Acting Instructor has been granted. Group sessions must be booked and cancelled 24 hours in advance. 

 

  1. Adequate physical and mental health: I recognize that I must be in adequate physical and mental health to participate in the Activities. I understand that the Activities may require intense physical exertion, and I represent and warrant that I am physically fit enough to participate, and I have no medical condition which would prevent my full participation in the Activities. I recognize that the Activities may cause or aggravate a physical injury or medical condition. I understand that it is my responsibility to consult with a physician before my participation in the Activities. If I have done so, I have taken the physician’s advice. I understand that the Principal Teacher or Acting Instructor reserve the right to refuse my participation in any Activity on medical, fitness or any other grounds.

 

  1. Health History and Medical Clearance: In the event that I have not consulted a physician prior to enrolling in The MLP Activities, I acknowledge and agree that The MLP may require me to have a Medical Clearance and Physicians Consent form signed prior to starting any training.  To this end, please review the questions below. If you Answer yes to any of the questions below you must inform the owner before participating in a session in writing. You may be required to have a Medical Clearance and Physicians consent form signed.


 

  1. Has your doctor ever mentioned that you have a heart condition and that you should only do physical activity recommended by a doctor?

  2. Do you feel pain in your chest when you do physical activity?

  3. In the past month, have you had chest pain when you are not doing physical activity?

  4. Do you lose your balance because of dizziness or do you ever lose consciousness?

  5. Do you have a bone or joint problem (for example, back, neck, knee, or hip) that could be made worse by a change in your physical activity? 

  6. Is your doctor currently prescribing you medication (for example, water pills) for hypertension (e.g. elevated blood pressure) or a heart condition?

  7. Do you know any other reason why you should not participate in any physical activity?

  8. Have you used or do you use drugs or do you smoke?

  9. Do you have an abnormal resting EKG?

  10. Do you have diabetes?

  11. Do you have Hyperlipidemia (cholesterol >220mg/dl or total Cholesterol-to-HDL ration of >5.0)?

  1. Impact of the Activities: I am aware that my participation in the Activities could result in elevated blood pressure, fainting, heartbeat disorders, physical injury, heart attack or stroke and may aggravate pre-existing injuries. I understand that I could experience muscle, back, neck and other injuries as a result of my participation in the Activities. I understand my physical limitations and I am sufficiently self-aware to stop or modify my participation in any Activity before I become injured or aggravate a pre-existing injury.

 

  1. Assumption of Responsibility: In consideration of being permitted to participate in the Activities, I agree to assume full responsibility for any risks, injuries or damages, known or unknown, which I might incur as a result of participating in the Activities, including those which may result from the negligence of the Principal Teacher or Acting Instructor.

 

  1. Stopping Exercises: As a Participant, I acknowledge I may refuse or stop any Activities for any reason. It is my responsibility to notify the Principal Teacher or Acting Instructor of any discomfort or pain arising from or during Activities  or related exercise, as well as, any and all other known limitations I have or experience so that the Principal Teacher or Acting Instructor may accommodate me and substitute another position, activity or exercise.

 

  1. Attire: I acknowledge that as a participant the equipment I need to provide are a yoga mat, cushions and comfortable workout attire, and include, but not limited to, clean t-shirts, shorts, tights, sweats, and/or tracksuits. Athletic shoes generally are not appropriate for the Activities. If worn, they must be supportive and functional. I agree to ask the Principal Teacher or Acting Instructor for advice on what type of clothing and equipment is appropriate for the Activities.

 

  1. Technical Problems encountered during Online Sessions: I knowingly, voluntarily and expressly waive any “Claim” (as defined above) or damages I may have against the owner/operator, Principal Teacher, any of the MLP employees, independent contractors or assistants (each, a “Released Party”) that I may sustain as a result of partially participating or being unable to participate in the Activities because of malfunctioning telecommunications equipment, internet services, equipment operator mistakes, my own mistakes or any other aspect of secure video or sound transmission.

 

  1. Waiver of Liability: In further consideration of being permitted to participate in the Activities, I knowingly, voluntarily and expressly waive any “Claim” (as defined below) I may have against the owner/operator, Principal Teacher, any of the MLP employees, independent contractors or assistants (each, a “Released Party”) that I may sustain as a result of participating in the Activities even if the Claim arises from the negligence of Released Party or anyone else. I agree to indemnify and hold harmless all Released Parties from any loss, cost, or liability incurred in defending any Claim made by me or anyone making a Claim on my behalf, even if the Claim is alleged to or did result from the negligence of Released Parties or anyone else. “Claim” includes but is not limited to any and all liabilities, claims, demands, expenses, fees, legal actions, rights of actions for damages, personal injury, mental suffering and distress, or death that I may suffer, my spouse, children or unborn child may suffer (including any legal fees or expenses) in connection with participation in any Activity.

 

  1. Application to Heirs: I, my heirs or legal representatives forever release, waive, discharge and covenant not to sue any Released Party for any Claim caused by any negligence or other acts of any Released Party. In the event of death unassociated with the Activities, heirs may be entitled to a partial refund of fees previously paid as outlined in Section 13 below on Disability.

 

  1. Disability: Should I become unable to use or receive services under this contract due to disability, I acknowledge that the Owner/Operator shall be liable to refund fees only for that portion of the charges allocable to the time prior to the onset of disability. The owner/operator may require reasonable evidence of disability, e.g. doctor's note, to be presented at the time of cancellation. Reasonable evidence includes, but is not limited to, a doctor's letter about the onset of disability.

 

  1. Cancellation and Refund of Session Fees: Should I wish to cancel my contract with the MLP, I will have 10 days from the date of execution of my contract to do so under Ontario, Canada’s Consumer Protection Act.* I will be eligible for a refund that is pro-rated based on a minimal charge for administration costs and class participation but will approximate a full refund. Should I cancel my membership after one month, I agree that the MLP will charge $50 plus a termination fee of 10% of the cost of the membership for the remaining months of the contract.  

 

  1. Use of Images and Privacy: I hereby understand that the Principal Teacher or an Acting Instructor from time to time may photograph, video, or otherwise record Activities and place such photographs and videos on its Website or social media platforms to promote the MLP. I hereby consent to the use of my image that may appear in any such photograph or video. If I do not agree to have my image or my name used and associated with the MLP, I will alert the owner/operator, Alexandra McRobert, the Principal Teacher, the acting Instructor or any other relevant person: a) in writing prior to a class or session; b) orally prior to photographs being taken or a video being made; or c) in writing within 4 hours of the end of the class when a photo was taken or a video made. In the event where circumstances allow accommodation of my privacy interests, I also agree to cooperate so that my image and my name can be removed or not presented in any photos or videos recorded online or In Studio to allow photographs to be taken or videos to be made by the MLP owner/operator or staff.

 

  1. Confidentiality agreement: I understand that any information collected by the MLP in this form or in any document such as an email sent to the owner/operator, Principal Teacher or Acting Instructors will be used for health and fitness evaluation purposes and for the design, implementation, progression, and maintenance of an individualized fitness program only. I further understand that all such information is confidential and will not be shared with anyone without my prior written authorization, except in the case of a medical emergency or to the minimum extent necessary to achieve a safe and effective Activities program.

 

  1. Jurisdiction: This agreement shall be construed in accordance with, and governed by, the laws of Ontario, Canada and that all actions, suits, claims and proceedings relating to this agreement shall be brought in a court of competent jurisdiction located in Ontario, Canada. 

 

  1. Severability: In case any provision of this agreement shall be held invalid, illegal or unenforceable, it shall not affect any other provision of this agreement and this agreement shall be construed as if such provision had never been contained herein.

I acknowledge that I have carefully read this agreement and fully understand its contents. I voluntarily and knowingly agree to the terms and conditions stated herein. I am aware that by signing this agreement, I am giving up substantial rights, including my right to sue and certain legal rights my heirs, next of kin, executors, administrators and assigns may have against any Released Party.