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.

Terms of Service

Last Updated: June, 2024

Yoga Room Hawaii classes, instruction and other activities are available to individuals in different forms, including at Yoga Room Hawaii studios, through Yoga Room Hawaii online programs and channels, and at in-person and virtual events and activities organized by Yoga Room Hawaii. Not all participants in Yoga Room Hawaii activities need to be members of Yoga Room Hawaii; however, participants in specific Yoga Room Hawaii programs and activities agree to the additional terms and conditions of those programs and activities, certain of which are set forth below in these Student Terms and Conditions, and others are described at the location of those specific programs and activities.

All participants in Yoga Room Hawaii programs and activities agree to the Release, Waiver of Liability, Assumption of Risk and Indemnity Agreement below.

In consideration of, and as an inducement and condition to, NEMP LLC and its designees, including, without limitation, its franchisees and affiliates (collectively, “YRH”), allowing you to participate in yoga and fitness classes, instruction, exercises, and other programs, events and activities conducted or organized by or through YRH, whether in-studio, in person, online, live, recorded or otherwise (collectively, with all related activities, the “Activities”), and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, you agree to these Student Terms and Conditions (these “Student Terms”).

Your participation in any Activities or YRH programs indicates your acceptance of and agreement to all of these Student Terms as in effect from time to time, including, without limitation the Arbitration Provision below, and any changes or updates to or replacements of these Student Terms.

We may change, update, terminate and replace these Student Terms, programs, benefits and Activities from time to time, in whole or in part, at any time, and without notice or compensation, even though such actions may affect the programs, benefits and Activities or your participation in such programs, benefits, and Activities.

Consult the then-current Student Terms for terms and conditions of membership and participation. It is your responsibility to review the current Student Terms. See “Changes” below.

I. Account; Rules and Directions

To participate in Activities, you must have the appropriate YRH account. YRH membership, including use of YRH studios, requires a student account; if you do not have a student account, create an account at www.yogaroomhawaii.com. 

II. Class Reservations; Drop-ins

YRH Students can choose to make an advance reservation, which may be made at www.yogaroomhawaii.com, or they can walk in to take any class.

III. Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement

I fully understand that participation in the Activities includes, without limitation, strenuous physical and mental activities and exercises, participating in the Activities with other participants, contact with unidentified and unfamiliar persons, participating in the Activities in new and unfamiliar places and manners, exposure to risks in the areas in which the Activities are conducted, and exposure to communicable diseases (including COVID-19 risks). I fully understand that the Activities can be HAZARDOUS, and involve known risks and unanticipated risks which could result in BODILY OR MENTAL INJURY, ILLNESS, DEATH, DAMAGE OR LOSS to myself, my property, and to other third parties and their property, which may be caused by my own actions or inactions, those of others participating in the Activities, the locations, places and/or buildings at, on or in which the Activities take place, the conditions at, on and in which the Activities take place (including equipment, ventilation and surfacing for the Activities), or the negligence or misconduct of any of the “Releasees” named below; and I fully accept and ASSUME ALL SUCH RISKS and all responsibility for losses, costs, and damages I or any third parties incur as a result of my participation in the Activities, including property theft. I represent that I understand the nature of the Activities. I further represent that I am participating in the Activities voluntarily, and that I am in good health, physically and mentally fit and otherwise prepared and able to participate in the Activities. I will discontinue my participation in the Activities if I believe at any time my participation poses a threat to myself or any third party. If I have any injury or condition that potentially affects my participation in the Activities, I will consult with my physician or other applicable provider regarding my participation, and follow all applicable provider instructions, which is my sole responsibility.

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.

I, on behalf of myself and anyone who obtains any rights from or through me, hereby forever and irrevocably release and discharge YRH; the owners, lessors, lessees and any other individual or entity with any interest in the locations, places and/or buildings at, on or in which the Activities take place; any individuals or entities involved in any capacity with the Activities (including, without limitation, any technology applications and platforms facilitating the Activities in any manner); any sponsors, advertisers or promoters of any of the foregoing; any of the respective parents, subsidiaries, affiliates, partners, members, owners, agents, contractors, subcontractors, administrators, licensees, designees, insurers, personal and legal representatives, successors and assigns of each of the foregoing; other participants in the Activities; and any director, officer, member, manager, partner, volunteer, employee, representative or agent of any of the foregoing (each a “Releasee” herein) from any and all liabilities, claims, demands, losses, damages, costs or expenses (including, without limitation, attorneys’ fees and costs) (collectively, “Losses”) arising out of or in any way related to my participation in or attendance at the Activities; my attendance at the locations, places and/or buildings at, on or in which the Activities take place; or any first aid, treatment or any like service rendered in connection with the Activities, including, but not limited to, Losses (including, without limitation, Losses from BODILY OR MENTAL INJURY, ILLNESS OR DEATH) caused or alleged to be CAUSED IN WHOLE OR IN PART BY (i) THE NEGLIGENCE OR MISCONDUCT of any Releasee or otherwise, including negligent rescue operations; (ii) any claim, action, suit or demand brought by any third party against any Releasee by reason of or in connection with my participation in or attendance at the Activities, or my attendance at the locations, places and/or buildings at, on or in which the Activities take place; (iii) the voluntary disclosure of my medical information; (iii) invasion of privacy, right of publicity, defamation, libel, slander, copyright infringement, trademark infringement, or any other claims or causes of action arising out of the use of my name, image, likeness, voice and/or other personal attribute(s) or other personal information (collectively, my “Personal Attributes”). I further covenant and agree not to sue any Releasee or cause any Releasee to be sued regarding any matter released above, and to indemnify and hold harmless each Releasee from and against any Loss regarding any matter within the scope of this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement.

I agree that as further consideration for being permitted to participate in any of the Activities, I hereby grant YRH and its designees, and their respective affiliates, licensees, permittees, successors and assigns, and each of them, an unrestricted, absolute, universal, perpetual, irrevocable, non-royalty bearing, and transferable right and license (but not any obligation) to use, copy, transmit, distribute, display, modify, perform, present, transform, create works and derivative works, and otherwise promote or utilize my Personal Attributes filmed, captured, photographed or otherwise recorded or memorialized in any manner in connection with any of the Activities, in any medium or format whether now or hereafter existing (including, without limitation, print, direct mail, online, mobile or wireless communications, radio or television broadcast, telecast or photograph), for any purpose whatsoever (including, without limitation, in connection with the creation, advertising, sale and/or promotion of any products and/or services), and without any payment, consideration or notice to or consent by me or any third party. I hereby forever and irrevocably waive any rights I may have in or to any of the foregoing, and I understand and agree that YRH and its designees are the exclusive owners (to the extent the materials are created by or at the direction of each such party) of any and all right, title and interest, including copyright, in and to any materials of any kind or nature containing or developed from use of my Personal Attributes.

If Participant is Under 18 Years of Age:

If you are under 18 years of age, you represent and warrant to YRH that your parent or legal guardian has reviewed these Student Terms and agrees as follows:

I 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.

Activities Organized Through Your Account

Certain Activities (e.g., virtual group sessions) may be organized by you through your YRH account in which other individuals participate. If you are the parent or legal guardian of those individuals, you make the representations, warranties and agreements as to those individuals (including the releases, waivers and indemnifications) as to your child’s participation as set forth above in “If Participant is Under 18 Years of Age.” For all other individuals, you are responsible and liable for such individual’s participation in the Activities under these Student Terms as if such participant was you.

You are responsible for your YRH account(s) and any Activities conducted under your name or associated with your account.

IV. Membership Agreement Terms

V. Governing Law

VII. Limitation of Liability

VIII. Force Majeure

IX. Precedence; Waiver; Interpretation

If and to the extent that there is any conflict among or between any website, apps, website or app materials, FAQs, or other YRH marketing, promotion, communication or descriptive materials and these Student Terms, the language in these Student Terms will take precedence.