Activity Waiver & Release

Acceptance of Activity Waiver & Release sets forth legally binding terms between the "Participant' (OF THE FIRST PART) and Over The Rainbow Yoga LLC the "Activity Provider" (OF THE SECOND PART). By booking a class with the Activity Provider and checking the Activity Waiver & Release checkbox, the Participant agrees to be bound by THIS ACTIVITY WAIVER & RELEASE (this "Agreement").

IN CONSIDERATION OF the covenants and agreements contained in this Agreement and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties to this Agreement agree as follows:

Consideration

1. Being of lawful age and in consideration of being permitted to participate in the activity described below, the Participant releases and forever discharges the Activity Provider, its owners, directors, officers, employees, agents, assigns, legal representatives and successors from all manner of actions, causes of action, debts, accounts, bonds, contracts, claims and demands for or by reason of any injury to person or property, including injury resulting in the death of the Participant, which has been or may be sustained as a consequence of the Participant's participation in the activity described below, and not withstanding that such damage, loss or injury may have been caused solely or partly by the negligence of the Activity Provider.

2. The Participant understands that the Participant would not be permitted to participate in the activity described below unless the Participant signed this Agreement.

3. The Participant understands that yoga includes physical movements as well as an opportunity for relaxation, stress reduction and relief of muscular tension. Participation in yoga class includes, but is not limited to, participation in meditation techniques, yogic breathing techniques, and performing various yoga postures. Yoga postures (asanas) are designed to exercise every part of the body, toning the muscles, joints, spine and entire skeletal system.

4. The Participant understands that yoga also works on the internal organs, glands and nerves, and incorporates sustained stretching to strengthen muscles and increase flexibility. As is the case with any physical activity, the risk of injury, even serious or disabling, is always present and cannot be entirely eliminated.

5. The Participant acknowledges that in a yoga class, they respect their own body's' ability, and if experiencing any pain, overexertion or fatigue, the Participant will listen to their body, adjust the posture, use yoga props, and ask for support from the Activity Provider.

6. The Participant acknowledges that yoga is not a substitute for medical attention, examination, diagnosis or treatment. Yoga is not safe under certain medical conditions and this studio recommends that you consult with a doctor before beginning this or any exercise routine.

Details of Activity

7. The Participant will participate in the following activity: Yoga Classes and Workshops.

Concurrent Release

8. The Participant acknowledges that this Agreement is given with the express intention of effecting the extinguishment of certain obligations owed to the Participant and with the intention of binding the Participant's spouse, heirs, executors, administrators, legal representatives and assigns.

9. The Participant acknowledge that participation in yoga classes exposes the Participant to a possible risk of personal injury.the Participant is fully aware of this risk and hereby release the Activity Provider, its owners, and/or its instructors from any and all liability, negligence or other claims arising from, or in any way connected with, the Participant's participation in yoga.

10. The Participant affirms that, the Participant is fully responsible for deciding to practice yoga, and hereby agrees to irrevocably release and waive any claims that Participant has now, or hereafter may have, against the Activity Provider, its owners, and/or its instructors.

11. The Participant acknowledges that, the Participant shall not now or at any time in the future, bring any legal action against the Activity Provider, its owners and/or its instructors; and that this waiver is binding on the Participant, the Participant's heirs, the Participant's spouse, the Participant's children, the Participant's legal representatives, the Participant's successors and the Participant's assigns.

12. By checking the Activity Waiver & Release checkbox, further verifies that the Participant is physically fit and a licensed medical doctor has verified the Participant's physical condition for participation in this type of activity.

13. If the Participant is pregnant, become pregnant or is post-natal, the Participant is participating in the activity with the Participant's doctor’s full approval and must inform the Activity Provider.

Fitness to Participate

14. The Participant acknowledges that the Participant does not have any physical limitations, medical ailments, physical or mental disabilities that would limit or prevent the Participant from participating in the above mentioned activity. If required, the Participant will obtain a medical examination and clearance.

Full and Final Settlement

15. The Participant hereby acknowledges and agrees that the Participant has carefully read this Agreement, that the Participant fully understands the same, and that the Participant is freely and voluntarily executing the same.

16. The Participant understands that by checking the Activity Waiver & Release checkbox during the booking, the Participant agrees to be forever prevented from suing or otherwise claiming against the Activity Provider for any property loss or personal injury that the Participant may sustain while participating in or preparing for the above noted activity.

17. The Participant has been given the opportunity and has been encouraged to seek independent legal advice prior to agreeing to this Agreement.

18. This Agreement contains the entire agreement between the parties to this Agreement and the terms of this Agreement are contractual and not a mere recital.

Governing Law

19. This Agreement will be governed by and construed in accordance with the laws of the State of Hawaii.

Checking the Activity Waiver & Release checkbox and purchasing a class/ class package is binding to this Activity Waiver & Release from that day forth.

Date last modified: May 6th, 2024