Liability Waiver
Last Updated: June, 2024
In consideration of my use of the facilities and equipment provided by NEMP LLC (DBA YOGA ROOM HAWAII), I expressly agree and contract, on behalf of myself, my heirs, executors, administrators, successors and assigns, that the company and its insurers, employees, officers, directors, and associates, shall not be liable for any damages arising from personal injuries (including death) sustained by me in, on, or about the premises, or as a result of the use of the equipment or facilities, regardless of whether such injuries result, in whole or in part, from the negligence of the company.
By the execution of this agreement, I accept and assume full responsibility for any and all injuries, damages (both economic and non-economic), and losses of any type, which may occur to me or my guest, and I hereby fully and forever release and discharge the company, its insurers, employees, officers, directors, and associates, from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from or arising out the use of said equipment and facilities.
I expressly agree to indemnify and hold the company harmless against any and all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from injuries or damages sustained by me or my guest.
I agree to be solely responsible for the safety and well being of myself. I understand that the company does not provide supervision, instruction, or assistance for the use of the facilities and equipment.
I agree to comply with all rules imposed by the company regarding the use of the facilities and equipment. I agree to conduct myself in a controlled and reasonable manner at all times, and to refrain from using any facility or equipment in a manner inconsistent with its intended design and purpose.
I understand and acknowledge that the use of the facility and equipment involves risk of serious injury, including permanent disability and death.
I understand and agree that the company is not responsible for property that is lost, stolen, or damaged while in, on, or about the premises.
I understand and agree that my use of the facilities and equipment is only to be undertaken on my own personal time, and that my use of the facilities and equipment is not within the course or scope of my employment.
I understand I may be photographed, video taped, and/ or live streamed at Yoga Room Hawaii. I agree to allow my photo, video or likeness to be used for any legitimate purpose by Yoga Room Hawaii, and their respective producers, sponsors, organizers, and/ or assigns, at their discretion. I acknowledge that by signing this Agreement, I give up all claims of ownership, income, editorial content, and use of such media.
In consideration of being allowed to participate in Yoga Room Hawaii and NEMP LLC classes and related events and activities, the undersigned acknowledges, appreciates, and agrees that:
Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and, I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and,I willingly agree to comply with the stated and customary terms and conditions for participation as regards protection against infectious diseases.
If, however, I observe and any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately; and, I will not attend class if I am exhibiting any of the following symptoms related to COVID-19: fever, cough, sore throat, congestion, fatigue, shortness of breath or difficulty breathing, muscle or body aches, headache, new loss of taste or smell, nausea or vomiting, diarrhea, chills, or chest pain.
I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS NEMP LLC (DBA YOGA ROOM HAWAII) their officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event (“RELEASEES”), WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IF FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. I HAVE READ THE FOREGOING WAIVER AND RELEASE OF LIABILITY AND VOLUNTARILY EXECUTED THIS DOCUMENT WITH FULL KNOWLEDGE OF ITS CONTENT.
AGE POLICY: Students under 14 years of age are not permitted to take classes at Yoga Room Hawaii. Students between the ages of 14 and 15 are not permitted to take any heated yoga classes and must be accompanied by their parent/guardian when taking classes. Students aged 16 to 18 are permitted to take all classes at Yoga Room Hawaii, but must have a legal guardian sign their liability waiver.
If am the parent or legal guardian of participant; I consent to, join in and approve the foregoing Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement; I will ensure that my child honors his/her obligations hereunder; and I will indemnify and hold Releasees harmless from and against any Losses arising out of or in any way related to (i) this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement or the rights granted herein, (ii) my child’s attendance at or participation in any of the Activities, or my child’s attendance at the locations, places and/or buildings at, on or in which the Activities take place, (iii) any breach of the above representations, warranties and agreements, or (iv) any attempt to rescind, limit or disaffirm the foregoing. I hereby expressly approve of my child’s attendance at or participation in any or all of the Activities, and my child’s attendance at the locations, places and/or buildings at, on or in which the Activities take place.