In consideration for my participation in classes with Always Breathe LLC dba Breathe Yoga Chelsea, (“Breathe”), I agree to the following waiver and release, and I specifically make the following representations:

I am over the age of 18 OR I am the parent of a participant under the age of 18.

I (or my minor child) am physically healthy enough to participate in the activities of Breathe.

I am fully aware of the risks involved and hazards connected with Breathe activities, including the risk of serious injury or disability. I (or my minor child) elect to voluntarily participate in these activities with full knowledge that they may be hazardous. I understand that the actual dangers might be unforeseen, and I expressly assume the risk of any unforeseen dangers.

I agree that if I experience any pain or discomfort, I will listen to my body, adjust the posture or, if necessary, refrain from that particular movement altogether.

I understand that the instructor may ask to give me hands-on adjustments, and I agree that it is my responsibility to inform the instructor if a) I do not wish to receive any such adjustment, or b) if any adjustment given is uncomfortable.

In addition to and as a part of the Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement below:

I understand that the COVID-19 (novel coronavirus) pandemic is an ongoing public health situation. I understand that COVID-19 (including variations and mutations) is a highly communicable virus that can cause, among other conditions, severe respiratory illness, sometimes leading to death, in individuals who contract it. I will not attend in-studio or any other in-person Activities conducted or organized by or through Breathe Yoga Chelsea if I am exhibiting symptoms of COVID-19 (which can include, without limitation, fever, cough, shortness of breath or difficulty breathing, chills, repeated shaking with chills, muscle pain, headache, sore throat, new loss of taste or smell), or if I have been exposed to a third party who has exhibited COVID-19 symptoms in the 10 days preceding my participation in the Activities. I understand and expressly agree that my participation in any in-person Activities conducted or organized by or through Breathe Yoga Chelsea involves the risk that I could contract COVID-19 notwithstanding the mitigation measures in place by Breathe Yoga Chelsea. I understand that these risks are inherent to my use of the facilities or participation in such Activities and can range from mild symptoms to major illness, including death. I further understand and voluntarily accept full responsibility on my behalf for the risk of contracting COVID-19.

I hereby release, waive, discharge and indemnify Breathe and its members or agents, including independent contractors (“Released Parties”) from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, injury, illness (including COVID-19) or death that may be sustained by me while I (or my minor child) am participating in any Breathe activities, whether caused by the negligence of the Released Parties or otherwise.

I voluntarily assume the risk of loss, property damage, personal injury, and/or death that may be sustained by me or my heirs and assigns as a result of my engaging in such activities, whether caused by the negligence of Released Parties or otherwise.

I further hereby agree to indemnify, defend and hold harmless the Released Parties from any loss, liability, damage or costs, including court costs and attorney fees, that they may incur due to my participation in Breathe activities, whether caused by the contributory negligence of Released Parties or otherwise.

FOR MY MINOR CHILD: By signing this document, I release the Released Parties from all liability for any injury to my minor child to the fullest extent allowed by Michigan law. I agree to indemnify and hold harmless the Released Parties if my minor child sues them or any one of them. I understand that my agreement to indemnify obligates me and I agree to pay all of the costs, fees and charges incurred by Released Parties, including attorney fees.

I understand that this Waiver of Liability and Hold Harmless Agreement binds the members of my family and spouse if I am alive, and my heirs, or personal representative if I am deceased and shall be deemed as a release, waiver, discharge and covenant not to sue the above-named Released Parties and as an agreement to indemnify, defend and hold Breathe harmless against any claims.

I understand and agree that this waiver applies whether I am participating in Breathe activities in the studio, or elsewhere, whether taught in person, or via streaming video, or a Video on Demand service.

I hereby grant permission to Breathe Yoga Chelsea to use photographs and/or video of me taken for marketing purposes in publications, news releases, online, and in other communications related to the mission of Breathe Yoga Chelsea.

This Agreement shall be construed in accordance with the laws of the State of Michigan.

Checking the box below is my representation that I have read and understood the terms of this release and I agree to be bound by those terms.

Last updated 2-14-2024