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WAIVER AGREEMENT

 

Why You’re Reading This Document

 

We at Julie Poast Yoga delight in the practice of yoga. We are big believers in listening to our bodies, respecting where we are in our practice, and that every body should feel supported. The purpose of this release and waiver (the “Waiver”) is to openly communicate the risks of practicing yoga, either in person or online, and have you release Julie Poast Yoga of any liability. As we frequently say in class, if a pose hurts or strains your body, please don’t do it. Although we would love to practice with you, please be aware that if you do not sign this Waiver and agree to its terms, you will not be permitted to participate in any classes. 

 

If you are under the Age of Majority in your state of residence, your legal guardian must also sign this Waiver on your behalf. 

 

PLEASE READ THIS WAIVER CAREFULLY, UNDERSTAND FULLY, AND ASK QUESTIONS IF ANYTHING IS UNCLEAR. WE ARE HERE TO SUPPORT YOU. 

 

  1. Parties. We will refer to Julie Poast Yoga, a Sole Proprietorship based in the State of Illinois, as “Julie Poast Yoga”, “us”, “we”,  or “our”, 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”.

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   2. The Activities. You may participate, in person or online, in yoga and exercise classes, events, workshops and

       more with Julie Poast Yoga. We offer different levels of classes, all of which may involve the following (“Activities”):

 

       2.1   Stretching and flexibility training in the form of yoga poses, body weight and strength exercises, breath work, 

               meditation and relaxation.

 

       2.2   The Activities may involve receiving hands-on or verbal adjustments from instructors, so please advise in advance

                if you do not want a specific kind of adjustment. 

 

       2.3   The Activities also apply to any classes made available for online streaming and participation, both live or

                recorded, or that take place outside of Julie Poast Yoga’s facilities, including outdoors. We need you to

                acknowledge that you are responsible for the safe facilitation of the Activities happening outside of our facilities. 

 

   3.  Equipment. In the course of the Activities, you may use a variety of equipment, which could include but is not limited

         to:  blocks, bolsters, blankets, towels, straps, mats, resistance bands, pillows, foam rollers, or massage balls (the

         “Equipment”). Please do not use any equipment not instructed by Julie Poast Yoga.

 

   4.  Inherent Risks. While we will do whatever we can to support you throughout the yoga practice, you understand that          participating in the Activities, like any physical or group exercise, poses inherent risks, some more obvious or 

        more serious 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. 

 

        4.1  Injuries include but are not limited to things like muscle tears, strains, musculoskeletal injuries, sprains, fractures,

               broken bones, cardiovascular complications, high blood pressure, dehydration, dizziness, and fainting. 

 

        4.2  Exposure to and contraction of COVID-19 or other communicable diseases passed on via other participants. 

 

        4.3  Additional risks of Activities for pregnant or post-natal women to the health of your fetus and your body,

               including but not limited to pregnancy loss, low birth weight, early delivery and postpartum complications. 

 

        4.4  Additional risks posed by participating in the Activities online, as there is no in-person supervision or space

               provided for you, and you will therefore need to ensure the safety of the Activities, using your judgment on how

               to best practice them, not pushing yourself too far or attempting anything you feel unsure how to perform.

 

        4.5  Other risks posed for Activities performed outdoors, such as tripping or collision with human or natural

               elements, sun exposure, dehydration, insects, exposure to infections, diseases, pollutants and other

               environmental factors. You understand and agree it is your responsibility to ensure a safe space to perform the

               Activities. 

 

  5.  Affirmation of Health. By participating in any Activities with Julie Poast Yoga, you affirm that you have sought

       medical advice regarding your fitness or are certain of your ability to engage in the Activities. If you have any pre-

       existing medical conditions (e.g. asthma, diabetes, heart disease), physical injuries, weakness, are pregnant, post-natal

       or post-surgery, you should consult with your doctor first before engaging in the Activities. Please communicate and

       inform us IMMEDIATELY if at any point you do not feel well during the Activities. 

 

  6. COVID-19 & Infectious Disease. If at any point within 14 days prior to participating in any of the in-person Activities,

       you have suffered from symptoms of a communicable disease (including but not limited to fever, chills, cough,

       shortness of breath, or sore throat), been in close contact with someone with a known or suspected case or in a hot

       spot area, or else are uncertain of your health or risk of transmission, you agree not to join or participate in the in-

       person Activities and you should consult with your doctor. You agree to comply with all policies implemented by Julie

       Poast Yoga and applicable public health guidelines, including but not limited to wearing masks, personal hygiene and

       social distancing, and allowing your temperature to be checked before arriving to class.

 

       6.1 Consent to Cooperate with Contact Tracing. You understand and agree that Julie Poast Yoga may disclose your

             personal information to the relevant authorities as required by law and policies related to the containment of

            COVID-19 through contact tracing or for other lawful purposes. 

 

  7. Voluntary Assumption of Risk. You have read this Waiver and understand the risks of participating in the Activities

       with Julie Poast Yoga. Your signature below, electronic signature or clicking 'I Agree’, and your participation in the

       Activities with Julie Poast Yoga illustrates your voluntary engagement and assumption of the risks of the Activities.   

 

  8. Release, Waiver and Indemnity. You hereby release, hold harmless, indemnify and waive any claims against Julie

      Poast and Julie Poast Yoga, 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 death or personal injuries, including the contraction of COVID-19 or other communicable diseases or

      related to premises liability, however caused including as a result of Julie Poast Yoga’s negligence, during your

      participation in the Activities with Julie Poast Yoga. You are releasing the Released Parties and you agree to forfeit any 

      and all forms of legal recourse, including any form of damages, as a result of your participation in the Activities. You

      agree that this provision applies to you, your family, heirs, executors or anyone else who may be able to bring a legal

      action on your behalf in the future.   

 

  9. Continued Agreement. Agreement to this Waiver will act as your continued agreement to all ensuing Activities,

      classes, sessions, events, workshops, and more, whether in person, online, or via video conferencing tool. 

 

  10. General Legal Provisions. Choice of Laws and Venue. This Waiver will be governed exclusively by the laws of the

        State of Illinois. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the State

        of Illinois. 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 Waiver may be signed electronically or agreed to by having you click “I Agree”, the effect of which will be the same

        as signing by hand and the intention of which is that both parties desire to be bound by all the terms of this Waiver. 

 

You agree that you have read this Waiver and fully understand its contents and voluntarily agree to be bound to all of its terms. 

 

Printed name _________________________________________________________________________

 

Signature ___________________________________________    Date ___________________________

 

Signature of parent or guardian if the participant is a minor _______________________________________________

 

Thank you for communicating honestly with us. We look forward to welcoming you at Julie Poast Yoga!  

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