WAIVER AND RELEASE OF LIABILITY
Welcome! Before participating in Holly R Jahn Yoga’s services, we need you to thoroughly read, understand, and agree to this Waiver and Release of Liability (the “Waiver”). The purpose of this Waiver is to clearly communicate some risks of participating with us, and to have you release Holly R Jahn Yoga of any liability if you get injured or sick, if you have complications or side effects, if any of your things are lost, stolen or broken, or if anything else goes wrong. Please be aware that if you do not sign this Waiver and agree to its terms, you will not be permitted to participate in any classes.
If you are a minor in the State of New Jersey or in your place of residence, your legal guardian must also sign this Waiver on your behalf.
PLEASE READ CAREFULLY TO MAKE SURE YOU UNDERSTAND THIS WAIVER. PLEASE ASK QUESTIONS IF ANYTHING IS UNCLEAR. WE ARE HERE TO SUPPORT YOU. BY SIGNING THIS, YOU AGREE YOU ARE SIGNING AWAY YOUR LEGAL RIGHTS TO SUE, AND YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS WAIVER.
1. Parties. We are Jahn Movement Lab LLC, DBA Holly R Jahn Yoga, a Limited Liability Company based in the State of New Jersey. In this Waiver, we will refer to ourselves as “Holly R Jahn Yoga,” “us,” “we,” and “our.” We’ll refer to you, the undersigned (electronically or by hand), or the person who has clicked “I Agree” (or something similar) to this Waiver, as “you” or “your.”
2. The Activities. As part of your services with Holly R Jahn Yoga, you may participate, in person or online, in yoga, pilates, dance classes, sessions, events, workshops and more, all of which may involve but are not limited to the following (“Activities”):
2.1. Yoga, Stretching, and Flexibility: This includes performing various yoga postures (asanas), sustained deep stretches, and movements designed to increase your active and passive range of motion..
2.2. Bodyweight and Strength Training: This includes functional exercises like squats, planks, and lunges, as well as movements that use your own body weight as resistance to build muscular strength and joint stability.
2.3. Breathwork Techniques: This involves guided breathing exercises that may include deep belly breathing, rapid breathing, or breath retention to influence your physical and mental state.
2.4. Meditation and Stillness: This includes periods of seated or lying meditation, guided relaxation, and mindfulness practices that require sustained stillness.
2.5. Dance and Creative Movement. Individual dancing, dancing with a partner or in a group, high-intensity aerobic activity, flexibility exercises, muscle-strengthening activities, jumping, twisting, balancing, and pretty much anything else dance-related.
2.6. The Activities may involve physical contact, such as adjustments or tactile cues from instructors. Please let us know in advance if you prefer no physical contact.
2.7. The Activities also apply to any classes made available for online streaming and participation, both live or recorded, or that take place outside of Holly R Jahn Yoga’s facilities, including outdoors, at another facility or at your residence. You agree that you are responsible for the safe facilitation of any of our Activities that occur outside our facilities.
3. Equipment. In the course of the Activities, you may use a variety of equipment, including but not limited to blocks, bolsters, straps, mats, resistance bands, pillows, dumbbells, foam rollers, and massage balls (the “Equipment”). This includes Equipment provided by you at your residence or by a third-party facility where the Activities take place. Please do not use any equipment not instructed by Holly R Jahn Yoga. You understand that Holly R Jahn Yoga does not own, inspect, or maintain the Equipment used at your residence or third-party studios; it is possible that the equipment may break or fail, and any such failure may result in the risks outlined below.
3.1. We may add new Equipment in the future to provide Activities of a similar nature to the Equipment listed above. You accept the risk of any future and similar related Equipment you may use in the future to participate in the Activities, regardless of the Equipment’s ownership or location.
4. Inherent Risks. You understand that participation in the Activities may pose inherent risks, some of which are more serious than others. These risks can result in serious harm and injuries that could change your quality of life and, in very rare and extreme circumstances, could even result in death.
4.1. Risks of physical injury may include, but are not limited to, muscle tears, strains, and other musculoskeletal injuries, sprains, fractures, broken bones, cardiovascular complications, high blood pressure, dehydration, dizziness, fainting, and changes in eye pressure levels.
4.2. There is also a risk of exposure to and contraction of communicable diseases passed on via other participants and the use of shared space, surfaces, or Equipment.
4.3. As with any physical activity, there are additional risks for pregnant or post-natal women to the health of your fetus and your body, including but not limited to pregnancy loss, low birth weight, early delivery and postpartum complications.
4.4. There are risks to participating in the Activities online, as there is no in-person supervision or space provided. You will therefore need to ensure the safety of the Activities, using your judgment to practice them correctly, not pushing yourself too far or attempting anything you feel unsure how to do.
4.5. If the Activities are being performed outdoors, such as tripping or collision with human or natural elements, sun exposure, dehydration, insects, exposure to infections, diseases, pollutants and other environmental factors. You understand and agree that it is your responsibility to ensure a safe space and environment to perform the Activities
4.6. We would like to emphasize that your release of our liability is not limited in any way to these risks. The risks mentioned above are only examples. To be completely clear, you are agreeing not to sue us at all.
5. Affirmation of Health. By participating in any Activities with Holly R Jahn Yoga, you affirm that you have sought medical advice regarding your fitness or are certain of your ability to engage in the Activities. If you have any pre-existing medical conditions (e.g., asthma, diabetes, heart disease), physical injuries, weakness, are pregnant, post-natal or post-surgery, you should consult with your doctor first before engaging in the Activities. Please communicate and inform us IMMEDIATELY if at any point you do not feel well during the Activities.
6. Voluntary Assumption of Risk. You certify that you have read this Waiver and understand the risks of participating in the Activities with Holly R Jahn Yoga. By signing this Waiver or clicking “I Agree” (or a similar option), you are indicating your voluntary engagement and assumption of the risks associated with the Activities.
7. Consent to Emergency Care. While Holly R Jahn Yoga will always make every effort to contact parents/guardians or the nominated emergency contact person. If this is not possible, you authorize Holly R Jahn Yoga to take the necessary steps to get emergency medical attention. Holly R Jahn Yoga will not be liable for any medical costs incurred.
8. Lost or Stolen Personal Items. You agree that it is solely your responsibility to safeguard your personal items, and Holly R Jahn Yoga is in no way responsible for any of your personal property that is damaged, lost, or stolen before, during, or after your participation in the Activities.
9. Release, Waiver and Indemnity. You hereby release, hold harmless, indemnify and waive any claims against Holly R Jahn Yoga and Head Over Heart Yoga, as well as their members, owners, directors, officers, contractors, employees, affiliates, volunteers, associates, landlords, agents, executors, administrators, successors, family members and assigns (the “Released Parties”) with respect to any and all liability and damages incurred during, or in any way associated with, your participation in the Activities with Holly R Jahn Yoga, however caused, including as a result of the Released Parties’ negligence, including but not limited to damage to or loss of personal property, personal injuries, death, illness, or any cause of action related to premises liability. You are releasing the Released Parties at your own risk and you agree to forfeit any and all forms of legal recourse which may be available to you, including but not limited to any form of damages, as a result of your participation in the Activities. You agree that this provision applies to you, your family, heirs, executors or anyone else who may be able to bring a legal action on your behalf in the future.
10. Digital Protection & Cybersecurity. You acknowledge and accept the potential risks associated with our use of digital platforms, electronic communications, and data storage. While we take reasonable measures to protect your personal information and ensure cybersecurity, we cannot guarantee absolute security. You agree to release us from any liability for any indirect, incidental, consequential, or punitive damages or losses arising from unauthorized access, data breaches, cyber or malware attacks, or other digital security incidents. Please consult our Privacy Policy.
11. Continued Agreement. Agreement to this Waiver will act as your continued agreement to all ensuing Activities and any further interactions with Holly R Jahn Yoga, whether in person, online, or via video conferencing tool.
12. Arbitration. Any controversy or claim arising out of or relating to this agreement shall be settled exclusively by binding arbitration conducted in the State of New Jersey or through such other arbitrator as mutually agreed upon by the parties. The arbitrator’s decision shall be final and enforceable in any court of competent jurisdiction. The losing party shall bear the costs of arbitration. The arbitration award shall be final and binding upon the parties, and the parties hereby waive any rights to appeal or challenge the award, to the extent permitted by applicable law. This arbitration clause shall survive the termination or expiration of this agreement.
13. General Legal Provisions. Choice of Laws and Venue. Courts of the State of New Jersey retain the sole power to order arbitration, confirm any resulting award, or grant urgent relief related to the arbitration process. Severability. If any terms or provisions of this Waiver are invalid or unenforceable, the other provisions in the Waiver will remain in full force and effect. Entire Agreement. This Waiver constitutes the entire agreement between the parties and replaces any prior agreements. Online Agreement. The parties agree that this Waiver may be signed electronically or agreed to by clicking “I Agree” (or something similar), with the same effect as a hand-signed Waiver.
You agree that you have read this Waiver and fully understand its contents. You also agree to be bound to all of its terms.
Thank you for communicating honestly with us. We look forward to welcoming you at Holly R Jahn Yoga!