May 22, 2020
Why You’re Reading This Document
Before you begin your first class, whether it is online or in person, we need you to clearly understand the risks of participating in our yoga and fitness classes. The purpose of this release and waiver (the “ Waiver ”) is to communicate the risks of practicing yoga and fitness together in a lovingly, open and honest way and have you release Bend Beyond of any liability related to your practicing yoga or fitness with us.
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 fitness 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.
1. Parties . We will refer to Bend Beyond, Inc., a company incorporated in the State of Montana as “ Bend Beyond ”, “ 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 ”.
2. The Activities . You will be participating in yoga and/or fitness classes at Bend Beyond. We offer beautiful and transformative classes, including Yoga, Hot Yoga, fitness classes, Pilates, Hot Pilates and kids Yoga, which may involve but are not limited to the following activities (the “ Activities ”):
2.1. Flexibility training in the form of yoga positions, body weight exercises, resistance exercises, resistance band exercises, strength exercises, light weight exercises, mobility, range of motion exercises, partner yoga, pranayama, meditation exercises, and relaxation exercises. The constant in all of these classes is that the activities involve moving your body and breathing. Some of the classes may take place in a heated room. The Activities may involve receiving adjustments from instructors, so please advise in advance if you do not want adjustments.
2.2. The Activities apply to any classes which are made available for online streaming and participation. As these yoga and fitness classes will be taking place outside of Bend Beyond’s facilities, we need you to acknowledge that you are responsible for the safe facilitation of the Activities and your environment you practice in.
3. Equipment. Bend Beyond uses the following equipment (collectively, the “ Equipment ”): resistance bands, light weights, blocks, straps, yoga mats and bolsters.
4. Inherent Risks. You understand that participating in the Activities poses inherent risks, some more obvious/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 and other musculoskeletal injuries, sprains, broken bones, cardiovascular complications, dehydration, dizziness and fainting.
4.2. Exposure to and contraction of COVID-19 or other communicable diseases passed on via other participants and use of shared space or Equipment.
4.3. There are 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 how to best practice them, not pushing yourself too far or attempting anything you feel unsure how to perform.
5. Affirmation of Health . By participating in any Activities at Bend Beyond, you affirm that you have sought medical advice regarding your health to participate in yoga, Pilates and fitness classes. If you have not sought such advice, you must be certain that your medical and fitness levels are sufficient to participate in intensive exercise classes, Pilates and yoga, including in heated conditions.
5.1. COVID-19 / Infectious Disease. Amidst the current developments surrounding communicable diseases, you acknowledge that every time you participate in the Activities you are affirming that you are healthy and that you do not present an increased risk due to COVID-19 or other infectious diseases. If you are suffering from 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 visit our studio or participate in our Activities. We are all in this together and it is important that we follow guidelines on social distancing, hygiene practices, and act with kindness and responsibility towards each other in order to ensure everyone’s safety.
6. Voluntary Assumption of Risk . You have read this Waiver and understand the risks of participating in the Activities with Bend Beyond. Your signature below, electronic signature or clicking 'I Agree’, and your participation in the classes at Bend Beyond illustrates your voluntary participation and assumption of the risks of the Activities.
7. Release, Waiver and Indemnity . You hereby release Bend Beyond, Inc., its members, directors, officers, members, 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, however caused including as a result of Bend Beyond’s negligence , during your participation in the Activities at Bend Beyond. 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.
8. Media Release. We think you’re gorgeous and would love to show you off! You agree to grant us the irrevocable right and permission to use, throughout the world and in perpetuity, your image, likeness, photographs, video content, audio recordings of you which are captured in our studio or which you share with us online (via you posting it or others posting it of you). You also release us from all claims that you may have in relation to the use of your image and any posts made by you in the ways mentioned above. If you ever want us to stop using an image of you, kindly ask us and we’ll be happy to comply.
9. General Legal Provisions. Jurisdiction. This Waiver will be governed exclusively by the laws of the State of Montana.
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.
Thank you for communicating honestly with us! We look forward to bending, sweating, and loving together.