TO: Samantha Yachimec, her Associates, Employees, independent contractors, subcontractors, and their directors, officers, employees, agents, independent contractors, subcontractors, sponsors, successors, assigns, and representatives (all of whom are hereinafter referred to collectively as the “Releasees”.)
“Activities” include but are not limited to the following activities which may be provided by the Releasees through this online portal, video instruction, or in person instruction: (i) meditations, flow, and relaxing yoga classes that may involve breathing techniques, relaxation and movement, jumping, dancing, twisting, moving energy in and around the body, abdominal work, stretching and strengthening; and (ii) all other activities that are organized, promoted, conducted, advertised, or sponsored by the Releasees, whether or not previously listed in this section; and
“Risks” include but are not limited to those risks inherent in yoga activities, such as minor muscle strains; muscle sprains; bruises; abrasions; post-exercise muscle soreness; joint injuries; torn muscles; heat-related illnesses; broken bones; ACL injuries; back injuries; stroke; heart attack; paralysis; death; and injury or death caused by any of the following: equipment that breaks or otherwise fails, slips and falls, lack of nutrition or hydration, negligence on the part of Participant or other people around Participant, terrain, facilities, temperature, weather, condition, equipment, actions of other people including, but not limited to, participants, volunteers, spectators, and teachers.
2. In consideration of my participation in Activities organized by the Releasees, I, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate, hereby agree as follows:
a) I freely accept and fully assume all risks and dangers resulting from my participation in the Activities.
b) I understand and acknowledge that the Activities bear certain Risks, and that the Releasees cannot eliminate, alter, or control these inherent risks.
c) I certify that I am physically fit and have not been advised not to participate in the Activities or any similar activities by a qualified medical person. I agree that the Releasees are not qualified to evaluate me or my fitness for involvement in the Activities.
d) I agree that if I have any medical issues or other concerns that may affect my ability to participate in the Activities, including but not limited to pregnancy, I will seek the advice of a qualified medical professional before participating in the Activities.
e) I freely waive any and all claims that I have or may have in the future against the Releasees, and I release the Releasees from any and all liability for any loss, damage, expense, or injury (including death) that I may suffer, or that my next of kin may suffer, as a result of my participation in the Activities.
f) I agree to waive my rights to sue the Releasees for any cause whatsoever associated with the Activities, including negligence, breach of contract, or breach of any statutory or other duty of care on the part of the Releasees, including any duty of care owed under the Occupiers Liability Act, R.S.B.C. 1996, c. 337 and any amendments thereto, and including a failure on the part of the Releasees to safeguard or protect me from any risks and dangers associated with the Activities.
g) I agree to hold harmless and indemnify the Releasees from any claims or demands which may be made against any one of them, either alone or in combination, arising out of or as a consequence of my participation in the Activities.
h) I agree to hold harmless and indemnify the Releasees from any and all liability for any damage, loss, or injury to any third party resulting from my participation in the Activities.
3. Application. This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity.
4. Jurisdiction. This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by andinterpreted solely in accordance with the laws of the Province of British Columbia and no other jurisdiction. Any litigation involving the parties to this Agreement shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the courts of the Province of British Columbia.
5. No Extrinsic Evidence. In entering into this Agreement, I am not relying upon any oral or written representations or statements made bythe Releasees other than what is set forth in this Agreement.
6. Interpretation. Invalidity or unenforceability of one or more provisions of this Agreement shall not affect any other provision of thisAgreement. Wherever the context so requires, use of the singular in this Agreement includes the plural and conversely