MODO YOGA LA LLC
MODO YOGA LA WAIVER AGREEMENT
1. I understand that yoga includes physical movements as well as an opportunity for relaxation, stress reduction and relief of muscular tension. I also understand that risk of injury, even serious disability, is part of participation in yoga, and such risk cannot be eliminated. I understand that participation in MYLA classes at the Studios involves the practice of “hot yoga” (in temperatures of approximately 103 degrees Fahrenheit or 40 degrees Celsius). I understand that by my use of the Studios, there is risk physical injury to me, and I assume full responsibility for such risk. If I experience any pain or discomfort, I will listen to my body, adjust the posture, ask for help from the instructor and/or stop participating in the class. I will continue to breathe calmly.
2. I understand that Yoga is not a substitute for medical attention, examination, diagnosis or treatment. Yoga is not recommended and is not safe under certain medical conditions. I acknowledge and affirm that I am responsible for consulting with a physician and deciding whether to participate in yoga at the Studios. I have had a full physical examination by a physician within six (6) months of today's date. Based on my physician’s advice, and my own assessment of my health since that time, I represent that I do not suffer from any physical or mental difficulties that would make it inadvisable for me to participate in MYLA classes at the Studios.
3. I am solely responsible for (i) having regular physical examinations to ensure that there is no change in my health that would make it inadvisable for me to use the Studios in the future; (ii) discontinuing my use of the Studios whenever my physician so suggests, or whenever it would be prudent to discontinue in light of my physical or mental condition; (iii) ensuring that any equipment at the Studios (the “Equipment”) is in good condition before I use it; (iv) ensuring that I use the Equipment properly; and (v) ensuring that I only use the Equipment for the intended purpose. Knowing all of these things, I assume all of the risks associated with the use of the Studios and the Equipment.
4. I shall comply with any rules or regulations that owners or managers of any of the Studios may establish for use of any of the Studios. I shall also comply with any amendments or other modifications of those rules or regulations.
5. I am responsible for any damage I may directly or indirectly cause to any of the Studios. In addition, I will inform the Studio manager if I notice any damage to the Studios or any of the Equipment.
6. I hereby waive any and all claims, causes of action, demands, actions, and suits of any kind that I may now or hereafter have against Modo Yoga LA, Inc., Modo Yoga LA, LLC, Modo Yoga LA East LLC, Modo Yoga LA- Ocean LLC, Modo Yoga LA East and Ocean General, LLC, Modo Yoga LA East, LP, and Modo Yoga LA Ocean, LP (collectively the “Modo LA Entities”) and any and all of the Modo Entities’ owners, managers, employees, instructors, agents, representatives, affiliates, successors and assigns for any injury, loss, damage, liability, cost, or expense, including attorneys' fees (collectively "Costs") that may arise from or relate in any way to my use of any of the Studios. I understand that this waiver is, and is intended to be, an absolute bar on any such claim, suit or other action and that it may be pled as such.
7. I hereby indemnify the Modo LA Entities and hold them harmless from and against any Costs arising from or relating in any way to my use of the Studios.
8. I also agree that this Agreement shall be governed by the laws of the State of California, and that any claim or dispute that arises under this Agreement, or relating to my use of the Studios, shall be resolved by binding arbitration in Los Angeles, California with the American Arbitration Association.
9. I understand that any of the Modo LA Entities may revoke my right to use any of the Studios at any time.