Terms and Conditions
In consideration of the services of Xen Strength Yoga, LLC, including, but not limited to its agents, owners, officers, volunteers, participants, employees, affiliates, and all other persons or entities acting in any capacity on its behalf (hereinafter collectively referred to as "Xen Strength Yoga"), I HEREBY ACKNOWLEDGE AND AGREE TO IRREVOCABLY RELEASE AND WAIVE, INDEMNIFY, AND DISCHARGE Xen Strength Yoga,LLC OF ANY AND ALL PAST, PRESENT, OR FUTURE CLAIMS ON BEHALF OF MYSELF, MY CHILDREN, MY PARENTS, MY HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES/AGENTS, AND ESTATE AS FOLLOWS:
1. I ACKNOWLEDGE that I understand that yoga includes physical movements, as well as an opportunity for relaxation, stress re-education, and relief of muscular tension. As is the case with any physical activity, THE RISK OF INJURY TO ME OR TO THIRD PARTIES, EVEN SERIOUS OR DISABLING, IS ALWAYS PRESENT AND CANNOT BE ENTIRELY ELIMINATED. If I experience any pain or discomfort, I will listen to my body, adjust the posture, and, if necessary, take a rest. I ASSUME ALL RISKS (which may include, muscle strain or damage) AND UNDERSTAND IT IS MY RESPONSIBILITY TO KEEP MYSELF HYDRATED AND COMFORTABLE.
2. I further acknowledge and agree that yoga is not a substitute for medical attention, examination, diagnosis or treatment. Yoga is not recommended and is not safe under certain medical conditions. I affirm that I alone am responsible to decide whether to practice yoga. I HEREBY AGREE TO IRREVOCABLY RELEASE AND WAIVE ANY AND ALL CLAIMS THAT I HAVE NOW OR HEREAFTER MAY HAVE AGAINST Xen Strength Yoga, LLC.
3. I expressly acknowledge, agree, and promise to accept and assume all of the risks existing in this activity. My participation in Yoga is purely voluntary, and I elect to participate in spite of the risks, known or unknown.
4. I HEREBY VOLUNTARILY RELEASE, FOREVER DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS Xen Strength Yoga, LLC FROM ANY AND ALL CLAIMS, DEMANDS, OR CAUSES OF ACTION, which are in any way connected with my participation in yoga or my use of Xen Strength Yoga’s online yoga classes in their membership site or on social media, including any such claims which allege negligent acts or omissions of Xen Strength Yoga, LLC and including any claims related to COVID-19 or any other illness or disease.
5. Should Xen Strength Yoga, LLC or anyone acting on its behalf be required to incur attorney's fees and other costs to enforce this agreement, I AGREE TO INDEMNIFY AND HOLD Xen Strength Yoga, LLC HARMLESS FOR ALL SUCH FEES AND COSTS.
6. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I FURTHER CERTIFY THAT I HAVE NO MEDICAL OR PHYSICAL CONDITIONS WHICH COULD INTERFERE WITH MY SAFETY IN YOGA, 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.
7. I FURTHER ACKNOWLEDGE AND AGREE that Xen Strength Yoga, LLC may, in its sole discretion, bar my participation in yoga or require my removal from its site in order to prevent injury or inconvenience to myself and others.
8. In the event that I file a lawsuit against Xen Strength Yoga, LLC, I agree to do so solely in the state of NJ, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state.
9. Photo Release: At times portions of our classes and events may be filmed, photographed, and/or recorded. At times our classes can take place in our physical studio location and at other times in a selected offsite venue. By signing here, you consent to the possible reproduction of your likeness and/or voice, as well as the likeness/voice of any person representing our products and/or services, and you waive any claims in connection therewith.
11. Online yoga:Xen Strength Yoga LLC assumes no responsibility for injuries suffered while practicing these techniques at your home or any other location of your choice. Please seek a qualified medical professional before attending online yoga classes and courses.
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. By signing this NEW STUDENT RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, I acknowledge that if anyone is injured or property is damaged during my participation in yoga, I may be found by a court of law to have waived my right to maintain a lawsuit against Xen Strength Yoga, LLC on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document.
I FURTHER ACKNOWLEDGE I HAVE READ AND UNDERSTOOD THIS NEW STUDENT RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, AND I AGREE TO BE BOUND BY ITS TERMS.