Release and Waiver of Liabilty
By electronically signing or otherwise accepting and agreeing to this Release and Waiver of Liability (this “Release”), you expressly acknowledge that the use of the facilities, classes, livestream or videos of YBO Company, LLC and its subsidiaries and affiliates (collectively, “yogabaeofficial”) may involve strength, flexibility, aerobic, cardio, and/or other exercises, including the use of equipment, as well as soft tissue manipulation or manual adjustments (which may include the instructor, assistant, trainee, or mentee, guiding your body to a pose or specific movement), all of which can be potentially hazardous activities that naturally involve the risk of injury to you, whether you or someone else cause it, and you understand and voluntarily accept this risk. In addition, you represent that you are (and at all times moving forward, when taking classes or receiving instruction by or through yogabaeofficial) in good health and have no disability, impairment, injury, disease or ailment that would prevent you from safely engaging in active or passive exercise or soft tissue manipulation or which would cause increased risk of injury or adverse health consequences as a result of engaging in active or passive exercise , and you further acknowledge and understand that it is your duty to notify your yogabaeofficial teacher in advance of each and every class of any changes in your good health standing. You acknowledge and agree that yogabaeofficial and its employees and agents do not diagnose or prescribe treatment for any illnesses or injuries. No service provided by yogabaeofficial is a substitute for medical treatment or care. Please inform your yogabaeofficial teacher in advance of each class if you prefer not to receive manual adjustments. Failure to do so will be deemed implied consent to receive manual adjustments in a class.
All sessions, classes, use of yogabaeofficial’ studio facilities (or entry/exit of such facilities), use of yogabaeofficial’ studio-provided equipment or apparatus (whether during a class or otherwise), or use of any other yogabaeofficial service, whether in person, through video or stream or otherwise, shall be at your sole risk. Although yogabaeofficial instructors may provide guidance during a class or individual session, it is your sole responsibility to discontinue participation in any activity you feel is beyond your capability to safely perform. You hereby acknowledge and agree that yogabaeofficial shall not be liable to you or any other party for any claims, demands, damages or causes of actions due to injury to you or any property, including, without limitation, personal, bodily or mental injury, economic loss or any damage to you or any others arising out of or in connection with your engagement in any activities provided by yogabaeofficial through video, streaming, or at any yogabaeofficial’ facility, the use of the services or facilities of yogabaeofficial, or any occurrence in or around a yogabaeofficial facility, regardless of whether the injury or damages were caused by the negligence of yogabaeofficial, its employees or its agents, trainees, assistants, or mentees, and you hereby release yogabaeofficial from any and all liability related thereto, including any transmission of sickness, virus, pathogen, or disease. This Release specifically applies to claims of negligent instruction, maintenance and/or supervision that may arise as a result of injuries sustained before, during, or after classes or individual training sessions. You acknowledge and agree that this Release applies to any and all incidents occurring on any yogabaeofficial owned, operated or controlled premises, including slip or trip and fall incidents, regardless of the cause. The scope of this Release specifically includes any and all injuries sustained in or about the premises of any yogabaeofficial facility and during any event or program organized or operated by yogabaeofficial away from its facilities, including, without limitation, parks, beaches, community centers and schools. Further, you understand and acknowledge that yogabaeofficial does not manufacture any of the fitness or other equipment at its facilities but purchases or leases equipment from third parties. As such, you acknowledge and agree that yogabaeofficial is solely providing recreational services and may not be held liable for defective products. You further acknowledge the scope of this release further applies to any claim or demand on account of invasion of right to privacy, infringement of moral rights, publicity or personality, copyright, use of likeness, or any similar ownership or usage of any Digital Media (defined below).
You expressly acknowledge and understand that you will be automatically opted into communications from yogabaeofficial with regard to the services provided, branding, marketing, or anything else and that it is your duty to opt out through the procedures outlined in such communications. You expressly acknowledge and understand that in yogabaeofficial facilities you may be filmed, livestreamed and recorded (collectively, the “Digital Media”) to a remote audience and your likeness captured, held, stored, reproduced, replayed, and distributed to a broader audience and that your allowed participation in the services is full consideration for such license and agreement for your likeness to be so captured, streamed, recorded, and used. You acknowledge that any such Digital Media is fully owned by yogabaeofficial throughout the universe and that yogabaeofficial shall owe you no royalty or additional consideration whatsoever for YBO use or exploitation of the Digital Media, that yogabaeofficial may reproduce, copy, modify, and create derivatives of such Digital Media, and that you waive the right to approve any such usage, in whatever form. You further expressly acknowledge and understand that your photo and/or video likeness may be used, without limitation, in connection with publicity, copyright, marketing, web content, social media, live stream, recorded classes, or other uses and that permission is expressly granted for such uses, and that no additional consideration outside of the services provided by yogabaeofficial will be provided.
You further acknowledge and agree that you shall not willfully engage in behavior that is objectively offensive or abusive, or conduct that is intended to disrupt classes or sessions. Any such willful disruptive behavior interferes with yogabaeofficial’ ability to conduct its business and will damage its brand and reputation. Therefore, you hereby agree to liquidated damages in the amount of $5,000 per occurrence as an objectively reasonable amount of damages which yogabaeofficial would incur as a result of your willful misconduct. Liquidated damages shall not be the exclusive remedy for yogabaeofficial. The enforceability of this liquidated damages clause shall not affect the enforceability of the rest of this Release. You agree that because the amount of damages that would be caused in the event you disrupt yogabaeofficial’ ability to conduct its business would be uncertain and difficult to ascertain, the $5,000 amount specified herein is fair and reasonably related to the amount of actual damages that would be caused per breach committed by you. The $5,000 liquidated damages amount shall not be concerned a penalty.
In the event that a dispute does arise with respect to yogabaeofficial in any capacity, you expressly acknowledge and agree to submit to mandatory binding arbitration, to be exclusively conducted in Los Angeles, California, for any and all such related claims, and thereby further waive any rights to trial by jury. Further you expressly acknowledge and agree to waive any rights that you may have to pursue or participate in a class or collective action pertaining to any such claims related to yogabaeofficial. This Release is intended to be interpreted as broadly as allowed under the law of the state where your primary yogabaeofficial facility is located.
By electronically signing or otherwise electronically accepting and agreeing to this Release you certify that you have carefully reviewed, fully understand and agree to the above.