PROMISE TO PAY AGREEMENT & LIABILITY WAIVER
I, hereby agree to the following:
I understand that I am working with coaches and mentors, NOT licensed mental health professionals. I understand I am not taking a course with a licensed mental health therapist.
I am participating in health programs, workshops and/or other wellness, body work, yoga, breath work, exercise and healing arts activities (collectively, the “Activities”) offered by TYC Wellness Studio (Studio) and its instructors. The Activities may be offered in the physical location of the Studio or offered online by videos, television, podcasts, apps or other digital media or platforms. All of such offerings, either physical or online, shall be considered “Activities.”
I recognize that I must be in adequate physical and mental health to participate in the Activities. I understand that the Activities may require intense physical exertion, and I represent and warrant that I am physically fit enough to participate in the Activities and I have no medical condition which would prevent my full participation in the Activities. I understand that it is my responsibility to consult with a physician before my participation in the Activities. If I have done so, I have taken the physician’s advice. I understand that the Studio reserves the right to refuse my participation in any Activity on medical, fitness or any other grounds. If I have any of the Risk Factors (as defined below) for increased risk of coronavirus infection (“COVID-19), I will consult with a physician before I participate in any Activities at the physical location of the Studio and will follow the physician’s advice.
I am aware that my participation in the Activities could result in high blood pressure, fainting, heartbeat disorders, physical injury, heart attack or stroke and may aggravate pre-existing injuries. I understand that I could experience muscle, back, neck and other injuries as a result of my participation in the Activities. I understand my physical limitations and I am sufficiently self aware to stop or modify my participation in any Activity before I become injured or aggravate a pre-existing injury. I am aware that my participation in the Activities at the physical location of the Studio could result in exposure to COVID-19. I am aware that, if I am over the age of 65 or have an underlying medical problem (such as asthma, chronic kidney or lung disease, diabetes, hemoglobin disorders, immunocompromised or with significant liver disease, heart conditions, obesity or pregnancy) (collectively, “Risk Factors”), I have an increased risk of contracting serious medical issues or potential death if I am exposed to COVID-19.
In consideration of being permitted to participate in the Activities, I agree to assume full responsibility for any risks, injuries or damages, known or unknown, including exposure to COVID-19 and potentially serious medical issues or death, that I might incur as a result of participating in the Activities at the Studio, including those which may result from the negligence of the Studio.
The Studio has taken reasonable steps to implement recommended guidance and protocols issued by the Health Authorities as described within its COVID-19 Code of Conduct (the “CCC”). I acknowledge that I have read and understood the CCC and that I will follow all of its protocols. I acknowledge and agree that the Studio may revise its CCC at any time based on updated recommended guidance and protocols issued by the Health Authorities and best practices. I further agree to comply with the Studio’s revised CCC prior to utilizing the facilities, services, and programs of the Studio.
In further consideration of being permitted to participate in the Activities (either online or at the physical facilities), I knowingly, voluntarily and expressly waive any “Claim” (as defined below) I may have against the Studio, its owners, managers, teachers, instructors, workshop presenters, employees, independent contractors and staff (each, a “Released Party”) that I may sustain as a result of participating in the Activities (either online or at the physical facilities) at the Studio even if the Claim arises from the negligence of any Released Party or anyone else. I agree to indemnify and hold harmless each Released Party from any loss, cost, or liability incurred in defending any Claim made by me or anyone making a Claim on my behalf, even if the Claim is alleged to or did result from the negligence of any Released Party or anyone else. “Claim” includes but is not limited to any and all liabilities, claims, demands, expenses, fees, legal actions, rights of actions for damages, personal injury, mental suffering and distress, illness or death that I may suffer, my spouse, children or unborn child may suffer (including any legal fees or expenses) in connection with participation in any Activity (either online or at the physical facilities) or exposure to COVID-19 as a result of participating in any Activity.
I, my heirs or legal representatives forever release, waive, discharge and covenant not to sue any Released Party for any Claim caused by any negligence or other acts of a Released Party.
I hereby understand that the Studio from time to time may photograph, video, or otherwise record classes or events occurring at the Studio and place such photographs and videos on its Website or social media platform. I hereby consent to the use of my image that may appear in any such photograph or video.
This agreement shall be construed in accordance with, and governed by, the laws of the State of California and Oregon, and that all actions, suits, claims and proceedings relating to this agreement shall be brought in a court of competent jurisdiction located in Ventura County. In case any provision of this agreement shall be held invalid, illegal or unenforceable, it shall not affect any other provision of this agreement and this agreement shall be construed as if such provision had never been contained herein. I acknowledge that I have carefully read this agreement and fully understand its contents. I voluntarily and knowingly agree to the terms and conditions stated herein. I am aware that by signing this agreement, I am giving up substantial rights, including my right to sue and certain legal rights my heirs, next of kin, executors, administrators and assigns may have against any Released Party.
I, (Participant), hereby acknowledge that I have voluntarily applied to participate in yoga and fitness classes. In consideration of the services provided by Studio, their agents, owners, affiliates, officers, independent contractors, volunteers, participants, and all other entities acting in any capacity on their behalf, (herein collectively referred to as the “Studio) I hereby agree to release and discharge Studio, on behalf of myself, my children, my parents, my heirs, personal representatives, guardian and estate as follows:
I am participating in the classes offered by Studio during which I will receive information and instruction about yoga, fitness, health, wellness and related activities. I recognize that the classes offered by Studio require physical exertion that may be strenuous and may cause physical injury, and I am fully aware of the risks and hazards involved. Yoga is not a substitute for medical attention, examination, diagnosis or treatment. Yoga is not recommended and is not safe under certain medical conditions. I affirm, that I alone, am responsible to decide whether to practice Yoga.
In recognition of the known and unknown risks, of the above activities, I confirm that I am physically and mentally capable of participating in yoga and fitness classes and using any equipment. I understand that if my mental or physical condition changes after the execution of this release, such that I am not capable of participating in the activity or using the equipment, I am obliged to cease participating in the activities and using the equipment. I understand that it is my responsibility to consult with a physician prior to and regarding my participation in the classes offered by Studio. I represent and warrant that I am physically fit and I have no medical condition that would prevent my full participation in the classes offered by Studio and that my participation is completely voluntary.
In consideration of being permitted to participate in classes offered by Studio, I agree to assume a full responsibility for any risks, injuries or damages, known or unknown, which I might incur as a result of participating in the program, whether I practice virtually or on the Studio premises.
In further consideration of being permitted to participate in classes offered by Studio and its instructors, I knowingly, voluntarily and expressly waive any claim I may have against Studio and its instructors for injury or damages that I may sustain as a result of participating in the program.
I, my heirs or legal representatives, forever release waive, discharge and covenant not to sue Studio and its instructors for any injury or death caused by their negligence or other acts.
This release expressly: 1) covers any allegedly negligent acts/omissions; and 2) waives the provision of the California Civil code, Section 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exists in his favor as the time of executing the release, which if known by him must have materially affected his statement with the debtor.”
I take full and sole responsibility from any liability of loss or damage to personal property associated with yoga classes or any other class, workshop or events.
If I am pregnant I understand that I participate fully at my own risk and that of my unborn child/children.
I am at least 18 years of age. If under 18 years of age, Participant's parent/legal guardian consents to all terms and condition, herein, and must sign for Participant.
The scope of this Release specifically includes any and all injuries sustained on the premises of Studio facility and during any event or program organized or operated by Studio away from its facilities, including, without limitation, parks, beaches, community centers and schools.
I understand that I may refuse to do any exercise and activities which I feel I may not be physically capable of and/or may cause harm. It is my responsibility to determine what exercise I am capable to perform and those that I am not. I will not hold Studio and/or any of its instructors responsible for any injuries I may receive in their class. I have read the above release and waiver of liability and fully understand its contents. I voluntarily agree to the terms and conditions stated above, under my own free will.
I give my permission to have my email address added to electronic newsletter, from which I may unsubscribe, at any time.
I give my permission to have my photos and videos published in the Studio newsletter, on Studio's social media accounts, in the Kajabi course work or any other form of marketing the Studio sees fit.
I understand that the software, Kajabi, automatically securely saves all credit cards used.
*I agree and accept responsibility of making my payments.
*I understand all payments will be automatically deducted from student’s debit or credit card, by the Kajabi software.
*I understand any payment returned by my banking institution for “Insufficient Funds”, “Stop Payment”, “Account Closed” or any other reason will immediately cause the account to become delinquent and thereafter placed in a collection status which may include referral to a collection agency.
*Training dates and instructors subject to change, at any time.
*I understand this course is non-refundable
*I further understand and agree that if I do not follow through with any portions of the above- stated schedule of payments, terms and conditions, and/or if any installment is delinquent beyond ten (10) days, this account, may be declared immediately due and payable in full. I promise to pay all attorney fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due. I understand that, if my account is referred to a collection agency, the collection fee is ordinarily thirty-three and one-third percent (33 1/3%) of the total outstanding balance due, for which I will be responsible in addition to the principal debt due and payable. I have carefully and completely read this agreement and fully understand the purpose, intent and effect of this agreement. I have voluntarily executed the agreement by action of my own free will.
*The content of this course, training, curriculum and publications may not be shared in any way, shape or form. Everything that is said is also strictly confidential.
I accept full responsibility for all risks and have done my due diligence with my own health.