BOREALIS YOGA WAIVER AGREEMENT
Why You’re Reading This Document
Before you begin your first class with us, whether it is online or in person, we need you to clearly understand the risks of participating in our yoga and exercise classes. The purpose of this release and waiver (the “Waiver”) is to communicate the risks of practicing yoga together in an open and honest way and have you release Borealis Community Yoga of any liability. Please be aware that if you do not sign this Waiver and agree to its terms, we will not let you participate in our yoga and exercise classes.
PLEASE READ CAREFULLY, UNDERSTAND FULLY, AND ASK QUESTIONS IF ANYTHING IS UNCLEAR. WE ARE HERE TO SUPPORT YOU. MAKE SURE YOU UNDERSTAND THIS WAIVER. BY SIGNING THIS YOU AGREE YOU ARE SIGNING AWAY YOUR LEGAL RIGHTS AND YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS AGREEMENT.
- Parties. We will refer to Emilie Amstutz, LLC dba Borealis, a Limited Liability Company registered in the State of Massachusetts as “Borealis”, “us” or “we” and we’ll refer to you, the undersigned (electronically or by hand) or person who has clicked “I Agree” to this Waiver, as “you” or “your”.
- The Activities. You will be participating in yoga and exercise classes at Borealis. We offer yoga and exercise classes, including group yoga + movement classes for adults, yoga for kids + families, Thai bodywork and yoga, therapeutic massage, reiki, meditation, and Ayurvedic instruction, which may involve but are not limited to the following activities (the “Activities”):
- Flexibility training in the form of yoga positions, body weight exercises, strength exercises, mobility, range of motion exercises, partner yoga, breathing exercises, meditation techniques, and relaxation exercises. The Activities may involve receiving verbal or limited physical adjustments from instructors, so please advise in advance if you do not want adjustments.
- The Activities apply to any yoga and exercise classes which are made available for online streaming and participation. As these classes will be taking place outside of Borealis’s facilities, we need you to acknowledge that you are responsible for the safe facilitation of the Activities.
- Equipment. Borealis may use the following equipment (collectively, the “Equipment”): yoga mats, blocks, straps, blankets, exercise balls + bands, and chairs. You are responsible for bringing your own equipment, as well as their own hand sanitizer and personal face coverings.
- Inherent Risks. You understand that participating in the Activities poses inherent risks, some of which are more obvious than others. Injuries include but are not limited to things like muscle tears, muscle strains and other musculoskeletal injuries, sprains, broken bones, cardiovascular complications, heat exhaustion, allergic reactions, dehydration, dizziness and fainting.
- The risks listed above in this provision 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. You will progress at your own pace and will listen to your body. If at any point you feel overexertion, pain or fatigue, you will rest and communicate with the instructor as soon as possible.
- You understand that if you are partaking in these Activities outside the studio, there may be other reasonable risks that can arise from the location. For example, if you are practicing in the forest you may trip over a branch, or if you are on the beach you might step on glass. Or, if you are practicing at home, there may be sharp objects that you can collide with close to you or things you trip on as you practice.
- Participating in the Activities via online streaming means that there will be no in-person supervision while you perform the Activities, which presents increased risks. You acknowledge these risks and agree to participate in the Activities to the extent that it is safe and reasonable for you to do so, at your own discretion. This includes finding a safe space to participate in the Activities, not pushing yourself too far while undertaking the Activities, and not trying to complete Activities if you are unsure about how to best practice them.
- Affirmation of Health. By participating in any Activities at Borealis, you affirm that you have sought medical advice regarding your fitness to practice yoga. If you have not sought such advice, you must be certain that your medical and fitness levels are sufficient to participate in yoga + exercise classes, including in heated conditions. Amidst the current developments surrounding communicable diseases, you acknowledge that by participating in the Activities you are affirming that you are healthy and able to engage in practice, and are not at an increased risk due to any such related diseases. If you have symptoms of a communicable disease or are unsure of your health and ability to practice the Activities, please consult with your doctor, and we urge you not to participate. You understand and acknowledge that by participating in the Activities, there is an increased risk of contracting a communicable disease. You affirm that you are aware of this risk, and affirm your health and ability to participate, for every instance of your participation in the Activities from the date of signature and every day forward in perpetuity.
- Voluntary Assumption of Risk. You have read this Waiver and understand the risks of participating in the Activities with Borealis. Your signature below, electronic signature, or clicking 'I Agree’, and your participation in the classes at Borealis illustrates your voluntary participation and assumption of the risks of the Activities.
- Release, Waiver and Indemnity. You hereby release Emilie Amstutz, LLC, its members, directors, officers, contractors, employees, volunteers, agents, executors, administrators, successors, family members and assigns (the “Released Parties”) from any liability and damages arising from personal injuries or death, however caused including as a result of Borealis’s negligence, during your participation in the Activities at Borealis. 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 Activities. You agree that these provisions above apply to you, your family, heirs, executors or anyone else who may be able to bring a legal action on your behalf in the future.
- General Legal Provisions. Jurisdiction. This Waiver will be governed exclusively by the laws of the State of Massachusetts. Severability. If any provisions of this Waiver are invalid or unenforceable, the other provisions in the Waiver will remain in full force and effect. Entire Agreement. This Waiver constitutes the entire agreement between the parties and replaces any prior agreements. Headings. The headings used in this Waiver are for stylistic purposes only and none of the content in the headings are intended to be legally binding. Online Agreement. We agree that this Agreement may be signed electronically or agreed to by having you click “I Agree”, the effect of which will be the same as if we signed the Agreement by hand and the intention of which is that both parties desire to be bound by all the terms of the Agreement.
By signing below, you agree that you have read this Waiver and fully understand its contents and voluntarily agree to be bound to all of its terms.