General

Waiver of Liability (Terms of Use/Refunds) - General

Apologies in advance for the legalities and liabilities but ‘tis necessary for the protection of all parties. 

Definitions

Client: You

Programs: Including but not limited to yoga classes, health programs, workshops, and healing arts activities.

Studio: Essential Yoga Studio

Studio Parties: Studio, company and/or associated parents, subsidiaries, affiliates, officers, directors, shareholders, agents, instructors, teachers, employees, independent contractors, attorneys, and representatives.

The undersigned client (“Client”) of Essential Yoga Studio (“Studio”) hereby acknowledge and agree to the following:

2.      ASSUMPTION OF RISK

a)     It is the Client’s responsibility to voluntarily disclose to the Studio any known medical condition or history that could be aggravated by physical activity.  In addition, it is the Client’s responsibility to inform the Studio of any changes to any known medical conditions or history while participating in Programs offered by the Studio.

b)     The Client acknowledges that physical and mental health is sound and that physical exercise can be undertaken and engaged.  The Client acknowledges that programs are not a substitute for qualified medical care and that a physician should be consulted prior to participation in the Programs.

c)      The Client acknowledges that there are significant risks inherent in the participation of Programs and there is the potential for property damage, serious injury or even death.  The Client assumes full responsibility for the risks including any costs, damages, injuries, accident, or death that may result from participating in the Programs. 

d)     The Client acknowledges that liability may arise from the negligence or carelessness by the Studio Parties from dangerous or defective equipment or property owned, leased, maintained, or controlled or because of possible liability without fault. 

3.      NO LIABILITY

a)     To the maximum extent permitted by applicable law, in no event will the Studio Parties be liable to the Client, Client’s heirs, executors, administrators, or any third party for any damages, including but not limited to direct, indirect, special, incidental, consequential, or punitive damages, including without limitation, any claims for personal injury or death, regardless of the theory of liability (including negligence of the company parties) arising out of or related to the Programs.

4.      WAIVER AND RELEASE

a)     In consideration for the Client being permitted to participate in Programs, the Client (and associated heirs, executors, and administrators), fully and forever release and discharge the Studio and Studio Parties from costs, attorneys’ fees, expenses, or legal lawsuits, and equity of claims, including but not limited to claims for property damage, medical expenses, injury or death.  This also includes any claims connected with the Client’s participation in Programs, including travel to/or from the Programs, the premises or venue of the Programs, and including injuries incurred before, during, or after the Programs. 

b)     The Client acknowledges the waiver and release includes any claims based on negligence, action or inaction of the Client, Third Parties, and/or Studio Parties, including but not limited to negligence in the construction, maintenance, and upkeep of any facilities and equipment used by the Studio, negligence in training and/or supervision.

c)      By acknowledging this waiver, the Client is waiving valuable legal rights.

5.      INDEMNIFICATION

a)     The Client agrees to indemnify and hold harmless each of the Studio Parties from any loss or liability incurred in defending any claim made by the Client or on the Client’s behalf, including Claims alleging or resulting from the negligence of the Studio or Studio Parties.

6.      MISCELLANEOUS

a)     In the event any provisions of this Waiver of Liability are in violation of, or prohibited by any applicable law or regulation, such provisions shall be deemed as amended or deleted to conform for such law or regulation without invalidating or amending or deleting any of the other provisions of this Waiver of Liability (which shall remain in full force and effect).  All provisions of this Waiver of Liability shall be binding on the heirs, administrators, personal representatives and assigns of the Client.

b)     These terms and conditions will be construed pursuant to the laws of the Province of British Columbia.  The Studio and Client agree that any dispute or controversy arising from this Agreement shall be settled by arbitration to be held in British Columbia, in accordance with the rules of the associated arbitration associations.  The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration.  The Studio and the Client shall each pay half of the costs and expenses of such arbitration.  Respective counsel fees and expenses are the responsibility of each separate entity.

c)      The Studio reserves the right to use photographs or videos for promotional purposes.  By making a reservation with the Studio, the Client agrees to allow its image to be used; however, if the Client appears in photographs and videos and prefers that items are not used, the Client must notify the Studio via e-mail before the retreat commences and the media will not be used.

d)     The Client acknowledges that any learning materials (including but not limited to manuals) that are provided are confidential and proprietary information, may not be redistributed (including electronic distribution on social media platforms) or recopied, and is for the Client’s personal use only.  The Client is not permitted to use such materials at other businesses not part of the Studio (including but not limited to teaching yoga classes, teaching workshops, teaching teacher training programs). 

e)     The Client and Studio each agree to sign this binding Waiver of Liability electronically pursuant to the provisions of Canada.  If the Client has any questions with regards to the process, please contact the Studio. 

f)       The Client acknowledges that the Waiver of Liability has been reviewed and the contents are fully understood. 

g)     The Client voluntarily and knowingly agrees to the terms and conditions stated and is aware that by signing this Waiver of Liability, substantial rights are being forfeited (including the right to sue and certain legal rights that the Client, the Client’s heirs, next of kin, executors, administrators, and assigns) may have against the Studio or any Studio Party.


Aerial

The risks include but are not limited to: slips and falls; falling from equipment; rope burns; pinches, scrapes, twists, and jolts that could result in minor injury, major injury, or even severe life threatening injuries; strains, cuts bruises, muscle soreness and fractures; musculoskeletal injuries including head, neck and back; injuries to internal organs; my own physical condition; and the risk of emotional and psychological injuries or physical damage associated with this activity.  Any medical expenses required in the event of injury will be incurred at my cost. 

Studio Parties while trained and qualified, have difficult jobs to perform.  While safety is a primary concern, Studio Parties may not be aware of all variables, including but not limited to a participant's fitness level, abilities, or equipment malfunction, incomplete warnings or instructions. 

In consideration of the services of the Studio and the Studio Parties, and in conjunction with the general waiver of liability (terms of use/refund policy), I hereby agree to the following with respect to aerial yoga:

  1. I acknowledge that my participation in aerial yoga (including but not limited to training and instruction activities) entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death or damage to myself, to property or to third parties.  I understand that such risks cannot be eliminated without jeopardizing the essential qualities of the activity.
  2. I expressly agree and promise to accept and assume all of the risks existing in this activity.  My participation in this activity is purely voluntary and I elect to participate in spite of the risks.
  3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless the Studio and/or Studio Parties from any and all claims, demands, or cause of action which are in any way connected with my participation in this activity or my use of the Studio's equipment or facilities including but not limited to any such claims which allege negligent acts or omissions of the Studio.
  4. Should the Studio be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
  5. I agree to bear the costs of any injury or damage I may cause or suffer while participating, or certify that I have adequate insurance to cover such potential costs.  I further certify that I am willing to assume the risk that any medical or physical condition I may have could be aggravated or further exacerbated by the activity.
  6. In the event I file a lawsuit against the Studio, I agree to do so solely in the province of British Columbia and I further agree that the substantive law of that province shall apply in that action without regard to the conflict of law rules in that province.  I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.

By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintaina lawsuit against the Studio on the basis of any claim from which I have released them herein. 

I have had sufficient opportunity to read this entire document.  I have read and understood it and agree to be bound by its terms and conditions.

In consideration of a minor (participants under the age of 18) being permitted by the Studio to participate in activities and to use equipment and facilities, I agree as the legal parent or guardian to indemnify and hold harmless the Studio and/or Studio Parties from any and all claims which are brought by or on behalf of the minor and which are in any way connected with participation by the minor. 


Retreat

Health Questionnaire & Waiver of Liability - Retreat

I agree that I am solely responsible for my own health and safety at all times during the Peace in Paradise Retreat in Bali, Indonesia from December 2-9th, 2017. Neither the facilitators nor Essential Yoga Studio, or Francesca ter Poorten shall be held liable for any injury related to this retreat. I agree to assume all risks associated with the program in any way. Furthermore, I also agree to inform the instructor of any movements which I cannot safely perform, and I will not perform any activity or movement, which I feel is likely to cause me to injure myself. I will inform the teachers and/or assistants of any limitations or medical conditions that may affect my practice. I agree to treat my body with patience, compassion and respect during my practice. I understand I can stop and rest at anytime.  I agree to release Essential Yoga Studio, Francesca ter Poorten and Retreat assistants from all liability for any injuries sustained as a result of my participation.  In consideration of being allowed to participate in any way in the yoga retreat, related events and Essential Yoga Studio activities, the undersigned acknowledges, appreciates, and agrees that:

  1. The risk of injury from the activities involved in this program is significant, including the potential for permanent paralysis and death, and while particular rules, equipment and personal discipline may reduce this risk, the risk of serious injury does exist.
  2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation
  3. I willingly agree to comply with the stated and customary terms and conditions for participation. If however I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately.
  4. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS Essential Yoga Studio, their officers, officials, agents and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used to conduct the event (“Releasees”), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.

I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

The risks include but are not limited to: natural forces from mother nature and mother earth which can result in obstacles and hazards; terrain; unstable governments; political upheavals; difficult communication as a result of lack of infrastructure or remote locations; extreme activities such as para-gliding, jet-skiing, or zip-lining; wild animals and insects; rapidly changing and extreme weather conditions; physical challenges; emotional challenges.   

Studio Parties while trained and qualified, have difficult jobs to perform.  While safety is a primary concern, Studio Parties may not be aware of all variables, including but not limited to a participant's fitness level, abilities, and other unknowns. 

In consideration of the services of the Studio and the Studio Parties, and in conjunction with the general waiver of liability (terms of use/refund policy), I hereby agree to the following:     

  1. The Studio will endeavour to satisfy all reasonable room accommodation requests from the Client but does not guarantee such requests will be met.  However, the Client will not be entitled to a refund if requests are not met.
  2. The Studio’s retreats may take place in remote areas or third world countries where there is little or no access to normal medical services or hospital facilities for serious problems. Medical and evacuation expenses will be the Client’s responsibility.  The Studio strongly encourages the Client to purchase travel insurance.  Additionally, the Studio reserves the right in its absolute discretion to refuse a Client the right to participate in any Program due to medical or fitness concerns.
  3. The Studio reserves the right to make changes to any aspect of the retreat if, in the absolute discretion of Studio, it is necessary to do so due to conditions that may be hazardous or dangerous or due to any other adverse or threatening conditions such as weather, government travel advisories, political, military, terrorist activities or for any other reason considered necessary by Studio.
  4. The Studio reserves the right to use photographs or videos for promotional purposes.  By making a reservation with the Studio, the Client agrees to allow its image to be used; however, if the Client appears in photographs and videos and prefers that items are not used, the Client must notify the Studio via e-mail before the retreat commences and the media will not be used.
  5. I acknowledge that my participation entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death or damage to myself, to property or to third parties.  I understand that such risks cannot be eliminated.
  6. I expressly agree and promise to accept and assume all of the risks existing in this activity.  My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
  7. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless the Studio and Studio Parties from any and all claims, demands, or cause of action which are in any way connected with my participation in this activity or my use of the Studio's equipment or facilities including any such claims which allege negligent acts or omissions of the Studio.
  8. Should the Studio be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
  9. I agree to bear the costs of any injury or damage I may cause or suffer while participating, or certify that I have adequate insurance to cover such costs.  I further certify that I am willing to assume the risk of any medical or physical condition I may have that may be aggravated or further exacerbated by the activity.
  10. In the event I file a lawsuit against the Studio, I agree to do so solely in the province of British Columbia and I further agree that the substantive law of that province shall apply in that action without regard to the conflict of law rules in that province.  I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.

By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintaina lawsuit against the Studio on the basis of any claim from which I have released them herein. 

The risks include but are not limited to: slips and falls; falling from equipment; rope burns; pinches, scrapes, twists, and jolts that could result in minor injury, major injury, or even severe life threatening injuries; strains, cuts bruises, muscle soreness and fractures; musculoskeletal injuries including head, neck and back; injuries to internal organs; my own physical condition; and the risk of emotional and psychological injuries or physical damage associated with this activity.  Any medical expenses required in the event of injury will be incurred at my cost. 

Studio Parties while trained and qualified, have difficult jobs to perform.  While safety is a primary concern, Studio Parties may not be aware of all variables, including but not limited to a participant's fitness level, abilities, or equipment malfunction, incomplete warnings or instructions. 

In consideration of the services of the Studio and the Studio Parties, and in conjunction with the general waiver of liability (terms of use/refund policy), I hereby agree to the following with respect to aerial yoga:

  1. I acknowledge that my participation in aerial yoga (including but not limited to training and instruction activities) entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death or damage to myself, to property or to third parties.  I understand that such risks cannot be eliminated without jeopardizing the essential qualities of the activity.
  2. I expressly agree and promise to accept and assume all of the risks existing in this activity.  My participation in this activity is purely voluntary and I elect to participate in spite of the risks.
  3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless the Studio and/or Studio Parties from any and all claims, demands, or cause of action which are in any way connected with my participation in this activity or my use of the Studio's equipment or facilities including but not limited to any such claims which allege negligent acts or omissions of the Studio.
  4. Should the Studio be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
  5. I agree to bear the costs of any injury or damage I may cause or suffer while participating, or certify that I have adequate insurance to cover such potential costs.  I further certify that I am willing to assume the risk that any medical or physical condition I may have could be aggravated or further exacerbated by the activity.
  6. In the event I file a lawsuit against the Studio, I agree to do so solely in the province of British Columbia and I further agree that the substantive law of that province shall apply in that action without regard to the conflict of law rules in that province.  I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.

By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintaina lawsuit against the Studio on the basis of any claim from which I have released them herein. 

I have had sufficient opportunity to read this entire document.  I have read and understood it and agree to be bound by its terms and conditions.

In consideration of a minor (participants under the age of 18) being permitted by the Studio to participate in activities and to use equipment and facilities, I agree as the legal parent or guardian to indemnify and hold harmless the Studio and/or Studio Parties from any and all claims which are brought by or on behalf of the minor and which are in any way connected with participation by the minor. 

I agree that I am solely responsible for my own health and safety at all times during the Peace in Paradise Retreat in Bali, Indonesia from December 2-9th, 2017. Neither the facilitators nor Essential Yoga Studio, or Francesca ter Poorten shall be held liable for any injury related to this retreat. I agree to assume all risks associated with the program in any way. Furthermore, I also agree to inform the instructor of any movements which I cannot safely perform, and I will not perform any activity or movement, which I feel is likely to cause me to injure myself. I will inform the teachers and/or assistants of any limitations or medical conditions that may affect my practice. I agree to treat my body with patience, compassion and respect during my practice. I understand I can stop and rest at anytime.  I agree to release Essential Yoga Studio, Francesca ter Poorten and Retreat assistants from all liability for any injuries sustained as a result of my participation.  In consideration of being allowed to participate in any way in the yoga retreat, related events and Essential Yoga Studio activities, the undersigned acknowledges, appreciates, and agrees that:

  1. The risk of injury from the activities involved in this program is significant, including the potential for permanent paralysis and death, and while particular rules, equipment and personal discipline may reduce this risk, the risk of serious injury does exist.
  2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation
  3. I willingly agree to comply with the stated and customary terms and conditions for participation. If however I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately.
  4. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS Essential Yoga Studio, their officers, officials, agents and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used to conduct the event (“Releasees”), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.

I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

The risks include but are not limited to: natural forces from mother nature and mother earth which can result in obstacles and hazards; terrain; unstable governments; political upheavals; difficult communication as a result of lack of infrastructure or remote locations; extreme activities such as para-gliding, jet-skiing, or zip-lining; wild animals and insects; rapidly changing and extreme weather conditions; physical challenges; emotional challenges.   

Studio Parties while trained and qualified, have difficult jobs to perform.  While safety is a primary concern, Studio Parties may not be aware of all variables, including but not limited to a participant's fitness level, abilities, and other unknowns. 

In consideration of the services of the Studio and the Studio Parties, and in conjunction with the general waiver of liability (terms of use/refund policy), I hereby agree to the following:     

  1. The Studio will endeavour to satisfy all reasonable room accommodation requests from the Client but does not guarantee such requests will be met.  However, the Client will not be entitled to a refund if requests are not met.
  2. The Studio’s retreats may take place in remote areas or third world countries where there is little or no access to normal medical services or hospital facilities for serious problems. Medical and evacuation expenses will be the Client’s responsibility.  The Studio strongly encourages the Client to purchase travel insurance.  Additionally, the Studio reserves the right in its absolute discretion to refuse a Client the right to participate in any Program due to medical or fitness concerns.
  3. The Studio reserves the right to make changes to any aspect of the retreat if, in the absolute discretion of Studio, it is necessary to do so due to conditions that may be hazardous or dangerous or due to any other adverse or threatening conditions such as weather, government travel advisories, political, military, terrorist activities or for any other reason considered necessary by Studio.
  4. The Studio reserves the right to use photographs or videos for promotional purposes.  By making a reservation with the Studio, the Client agrees to allow its image to be used; however, if the Client appears in photographs and videos and prefers that items are not used, the Client must notify the Studio via e-mail before the retreat commences and the media will not be used.
  5. I acknowledge that my participation entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death or damage to myself, to property or to third parties.  I understand that such risks cannot be eliminated.
  6. I expressly agree and promise to accept and assume all of the risks existing in this activity.  My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
  7. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless the Studio and Studio Parties from any and all claims, demands, or cause of action which are in any way connected with my participation in this activity or my use of the Studio's equipment or facilities including any such claims which allege negligent acts or omissions of the Studio.
  8. Should the Studio be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
  9. I agree to bear the costs of any injury or damage I may cause or suffer while participating, or certify that I have adequate insurance to cover such costs.  I further certify that I am willing to assume the risk of any medical or physical condition I may have that may be aggravated or further exacerbated by the activity.
  10. In the event I file a lawsuit against the Studio, I agree to do so solely in the province of British Columbia and I further agree that the substantive law of that province shall apply in that action without regard to the conflict of law rules in that province.  I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.

By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintaina lawsuit against the Studio on the basis of any claim from which I have released them herein.