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Release & Waiver of Liability “Zen with Jen”

Date
Year
Month
Day

1. I am participating in yoga classes, health programs, workshops and/or other wellness, bodywork, therapy, exercise, and healing arts activities (collectively, the “Activities”) offered by Jennifer Brock (the “Teacher”). 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 agree that prior to participating, I will inspect the facilities and equipment to be used and if I believe anything is unsafe, I will immediately report such conditions and refuse to participate.


2. 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, and I have no medical condition which would prevent my full participation in the Activities. I recognize that the Activities may cause or aggravate a physical injury or medical condition. 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 Teacher reserves the right to refuse my participation in any Activity on medical, fitness, or any other grounds.  I understand that the Teacher does not provide medical coverage to participants. 


3. 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.


4. 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, which I might incur as a result of participating in the Activities, including those which may result from the negligence of the Teacher.


5. I agree to follow all rules and preventative measures put in place by the Teacher, as modified and amended from time to time, to reduce the exposure of participants to risks set out above, such rules which may include but not limited to providing the Teacher with confirmation of full vaccination, including booster vaccinations, or as recommended by the health authorities for British Columbia and/or Canada, and/or as required by the Teacher.  Any participant who fails to follow such rules and preventative measures may be immediately suspended from participating and may be denied further participation as determined in the sole discretion of the Teacher.


6. In further consideration of being permitted to participate in the Activities, I knowingly, voluntarily, and expressly waive any “Claim” (as defined below) I may have against the Teacher and any of the Teacher’s employees, independent contractors, or assistants (each, a “Released Party”) that I may sustain as a result of participating in the Activities even if the Claim arises from the negligence of Released Party or anyone else.

I agree to indemnify and hold harmless a 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 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, sickness, infectious diseases, mental suffering, and distress, or death from whatever source  that I, my spouse, my children, or unborn child may suffer (including any legal fees or expenses) in connection with participation in any Activity.


7. 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 any Released Party.


8. I hereby understand that the Teacher from time to time may photograph, video, or otherwise record Activities 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.  I will not photograph, video or otherwise record any Activities without the express written consent of the Teacher.


9. This agreement shall be construed in accordance with, and governed by, the laws of the Province of British Columbia, CANADA and that all actions, suits, claims, and proceedings relating to this agreement shall be brought in a court of competent jurisdiction located in British Columbia/Canada. 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.


This Waiver may be executed and delivered by facsimile, email, pdf or other electronic means and if so executed and delivered, will be as effective and binding on the parties as an originally executed copy.

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