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, flus, bacteria, and viruses.
- Heatstroke.
- Heart attack.
- Concussions.
- Arthritis.
- Paralysis.
- Death.
3. I am aware of the contagious nature of bacterial and viral diseases, including the 2019 novel coronavirus disease (COVID-19). I AM AWARE OF THE RISK THAT I MAY BE EXPOSED TO OR CONTRACT COVID-19 BY PARTICIPATING IN THE ACTIVITIES OR USING THE EQUIPMENT. While FLY has implemented preventative measures to reduce the spread of COVID-19 in FLY’s studio, I understand that FLY cannot guarantee and does not guarantee that I will not become infected with COVID-19 or other infectious diseases 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 COVID-19; have a confirmed or suspected case of COVID-19; or have come in contact in the last ten (10) days with a person who has been confirmed or suspected of having COVID-19.
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 all instructions given by Staff as to when, where, and how to safely perform and not perform yoga and other exercises. Any deviation by me from such instruction will be at my own risk.
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 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. I expressly intend for this assumption of risk to be interpreted as broadly as the laws of the State of Oregon allow. 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, NOW OR LATER KNOWN, AGAINST FLY 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. I PROMISE NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST FLY AND FOREVER RELEASE AND DISCHARGE FLY 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 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 15, then a parent or guardian must practice alongside me in unheated classes. Hot classes are not recommended for those under 15.
9. 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.
10. Oregon laws control the interpretation of this Liability Release and this Liability Release is meant to be as broad and inclusive as the laws of the State of Oregon allow.
11. 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 assumption of risk of my participation in the Activities and use of the Equipment, including previous versions of this Liability Release.
12. 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 my release of claims arising out of FLY’s 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 FLY’s negligence will remain in effect and enforceable.