Liability Waiver
1. FLY may offer the Activities live in-person, online via live-streaming, online via pre-recorded, on-demand videos, or in public places not owned or otherwise controlled by FLY. My participation in the Activities may involve the use of props or other equipment (collectively, the “Equipment”) provided or owned by FLY. The Activities and my use of the Equipment may be harmful to me and involve:
- Aerobic exercise.
- Strenuous physical exertion.
- Repetitive movements.
- Warm or hot temperatures.
- Stretching or bending.
- Inversions.
- Holding poses or positions for long periods of time.
- Exposure to viruses, including life-threatening or life-altering diseases.
2. My participation in the Activities and my use of the Equipment may expose me to minor, severe, or even fatal injuries, including but not limited to:
- Head, neck, back, muscle, bone, or spinal injuries.
- Sprains, strains, tears, pulls, dislocations, or broken bones.
- Cuts, blisters, burns, or rashes.
- Dizziness.
- Exhaustion.
- Fainting.
- Dehydration.
- Abnormal blood pressure.
- Colds, flu, bacteria, and viruses.
- Heatstroke.
- Heart attack.
- Concussions.
- Arthritis.
- Paralysis.
- Death.
3. I am aware of the contagious nature of bacterial and viral diseases. I AM AWARE OF THE RISK THAT I MAY BE EXPOSED TO OR CONTRACT A BACTERIAL OR VIRAL DISEASE BY PARTICIPATING IN THE ACTIVITIES OR USING THE EQUIPMENT. While FLY has implemented preventative measures to reduce the spread of bacterial and viral diseases in FLY’s studio, I understand that FLY cannot guarantee and does not guarantee that I will not become infected with an infectious disease while at FLY’s studio. I will follow all instructions of FLY while at FLY’s studio, which could include my use of face coverings. I will not enter FLY’s studio if I experience symptoms of an infectious bacterial or viral disease; have a confirmed or suspected case of an infectious bacterial or viral disease; and I will follow all current CDC recommendations if I have come in contact with a person who has been confirmed or suspected of having an infectious bacterial or viral disease.
4. I am in control of my body and responsible for knowing and respecting my medical or physical limitations. I am responsible for my safety at all times. I will listen to and follow all instructions given by Staff as to when, where, and how to perform and not perform yoga and other exercises. I accept the risk of any deviation by me from such instruction.
5. It is my responsibility to consult a physician prior to and regarding my participation in the Activities and use of the Equipment. I promise that I am physically and mentally fit and have no medical condition which would prevent my full participation in the Activities or use of the Equipment. I believe I have a level of physical health and strength, and fitness and flexibility abilities that the Activities and my use of the Equipment requires. In the event I am pregnant, I will not participate in the Activities or use the Equipment until I have discussed the risks with my physician.
6. I AM VOLUNTARILY CHOOSING TO PARTICIPATE IN THE ACTIVITIES AND USE OF THE EQUIPMENT DESPITE MY KNOWLEDGE OF THE ASSOCIATED RISKS AND DANGERS. I ACCEPT AND ASSUME FULL RESPONSIBILITY FOR ANY AND ALL RISKS OF PERSONAL INJURY, ILLNESS, DISABILITY, DEATH, OR PROPERTY DAMAGE ASSOCIATED WITH MY PARTICIPATION IN THE ACTIVITIES AND USE OF THE EQUIPMENT, WHETHER OR NOT CAUSED BY THE ORDINARY NEGLIGENCE OF FLY OR ANY OF ITS MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, TEACHERS, INSTRUCTORS, VOLUNTEERS, AGENTS, OR INDEPENDENT CONTRACTORS. No other language in this Release of Liability & Assumption of Risk (this “Liability Release”) should be interpreted to limit the scope of my assumption of risk in this Section.
7. I EXPRESSLY WAIVE AND RELEASE ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, COSTS (INCLUDING ATTORNEY’S FEES), LOSSES, EXPENSES, AND LIABILITIES IN ANY WAY ARISING DIRECTLY OR INDIRECTLY OUT OF ANY ACTIVITIES OR USE OF FACILITIES, SERVICES, CLASSES, PREMISES, OR EQUIPMENT PROVIDED BY FLY (“Claims”), NOW OR LATER KNOWN, AGAINST FLY AND EACH OF ITS MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, TEACHERS, INSTRUCTORS, VOLUNTEERS, AGENTS, AND INDEPENDENT CONTRACTORS ARISING OUT OF OR ATTRIBUTABLE TO MY PARTICIPATION IN THE ACTIVITIES OR MY USE OF THE EQUIPMENT. I EXPRESSLY WAIVE AND RELEASE THESE CLAIMS EVEN IF THEY ARISE OUT OF THE ORDINARY NEGLIGENCE OF FLY OR ANY OF ITS MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, TEACHERS, INSTRUCTORS, VOLUNTEERS, AGENTS, OR INDEPENDENT CONTRACTORS. I PROMISE NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST FLY OR ANY OF ITS MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, TEACHERS, INSTRUCTORS, VOLUNTEERS, AGENTS, OR INDEPENDENT CONTRACTORS AND FOREVER RELEASE AND DISCHARGE FLY AND EACH OF ITS MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, TEACHERS, INSTRUCTORS, VOLUNTEERS, AGENTS, AND INDEPENDENT CONTRACTORS FROM LIABILITY UNDER SUCH CLAIMS. I expressly intend for this release to bind my family while I am alive and my heirs, assigns, guardians, and personal representative if I die. I understand this release constitutes a waiver, release, discharge, and covenant not to sue FLY because it prevents my family, heirs, assigns, guardians, and personal representative from seeking medical reimbursement, making any claims against FLY, or initiating legal proceedings against FLY, whether on my behalf or otherwise.
8. I AGREE AND CONSENT TO FLY TAKING AND USING PHOTOGRAPHS, VIDEO RECORDINGS, AND AUDIO RECORDINGS OF ME TO MARKET FLY. FLY may make such photographs, video recordings, and audio recordings publicly available on the internet or through any other marketing materials of any nature. I hereby release and agree to defend, hold harmless, and indemnify FLY and each of its members, managers, officers, directors, employees, teachers, instructors, volunteers, agents and independent contractors from any Claims against FLY in any way arising directly or indirectly out of FLY’s use of such photographs, video recordings, or audio recordings.
9. I am at least 18 years old. If I am under the age of 18, then I am required to have a parent or guardian signature on this form to state their consent for me to participate in the Activities. By signing, my parent or guardian agrees to abide by the terms and conditions of this Liability Release. Aside from age-specific Kids Yoga or Teen Yoga classes, if I am under 13, I will not be allowed to practice at FLY’s studio. If I am between the ages of 13-15, then a parent or guardian must practice alongside me in unheated classes only. Minors who are at least 15 years of age may participate in hot classes, however a parent or guardian must practice alongside them for a minimum of their first 5 classes before being permitted to practice on their own.
10. All mirrored and glass surfaces at FLY are fragile. Any amount of pressure, force, or weight can break them, which may cause varying levels of injury. Not all glass surfaces are tempered. When participating in the Activities at FLY’s studio, I shall not ever do handstands, headstands, and other inversions against mirrors or windows. In the event that I am responsible for breaking glass or mirrors at FLY, I shall reimburse FLY for the full replacement and installation costs. I will not hold FLY or Staff liable for any injury caused to me.
11. Oregon laws control the interpretation of this Liability Release and this Liability Release is meant to be broad and inclusive as the laws of the State of Oregon allow.
12. I understand this Liability Release replaces any previous statements, understandings, or agreements between me and FLY that relates to my release of claims against FLY and each of its members, managers, officers, directors, employees, teachers, instructors, volunteers, agents, and independent contractors and assumption of risk of my participation in the Activities and use of the Equipment, including previous versions of this Liability Release.
13. If any part of this Liability Release is found invalid, illegal, or unenforceable, then the remaining parts will still be valid and enforceable. If my assumption of FLY’s ordinary negligence, or the ordinary negligence of any of FLY’s members, managers, officers, directors, employees, teachers, instructors, volunteers, agents, or independent contractors, or my release of claims arising out of such ordinary negligence is found to violate public policy or be unconscionable, then my assumption of all other non-negligent risks and release of all claims not attributable to such negligence will remain in effect and enforceable. By agreeing to these terms, I acknowledge that I have carefully read and understand this Release & Waiver of Liability and that I am voluntarily giving up substantial legal rights, including the right to sue FLY.