THAVMA YOGA LAKEWOOD RANCH AND SARASOTA RELEASE AND WAIVER
THAVMA YOGA II LLC Release and Waiver Form
Name: Birth Date (MM/DD/YY):
If referred by a friend, who can we thank?
Please list any previous conditions, ailments, injuries and/or surgeries that may affect your ability to participate fully:
Thavma Bikram Yoga and Thavma Premium Hot Yoga Release and Liability Waiver: In signing below I agree that Thavma Yoga ll, LLC, dba Thavma Bikram Yoga, Thavma Yoga III LLC dba Thavma Premium Hot Yoga and its directors, officers, shareholders, employees, agents and affiliates (hereinafter referred to as “ThaVma Yoga”) are in no way responsible for the safekeeping of my personal belongings while I attend class. I understand that classes at Thavma Bikram Yoga may be physically strenuous and I voluntarily participate in them with full knowledge that there is a risk of personal injury, property loss or death. I agree that neither I, my heirs, assigns or legal representatives will sue or make any other claims of any kind whatsoever against Thavma Bikram Yoga or the landlord of any premises at which it may operate, it’s members for any personal injury, property damage/loss, or wrongful death, whether caused by negligence or otherwise.
In consideration of and as inducement to my enrollment as a yoga student of the Thavma Yoga ll, LLC dba Thavma Bikram Yoga, Thavma Yoga III LLC dba Thavma Premium Hot Yoga, I represent and agree as follows (initial next to #):
1. I have been examined by a licensed physician within the past six months and have been found by such physician to be in good physical health and fully able to perform all yoga exercises which I am to learn and perform during my enrollment. If I haven’t been to a physician, I take full responsibility for my physical health. I also affirm that I alone am responsible to decide whether to practice yoga and participation is at my own risk. I hereby agree to irrevocably release and waive any claims that I have now or may have hereafter against Thavma Yoga II, LLC and its instructors, shareholders, officers and agents.
2. I will faithfully follow all instructions given to me by instructors as to when, where and how to perform and not to perform yoga exercises, it being understood that any deviation by me from such instructions shall be at my own risk. I also understand and acknowledge that yoga training has certain inherent dangers that no amount of care, caution, instruction, or expertise can eliminate and I expressly and voluntarily assume all risk of personal injury sustained while participating in the yoga training whether or not caused by the negligence of the released parties. I understand that the room temperature can exceed 105 degrees and I may have an adverse reaction to this.
3. I understand and acknowledge that I am to receive instruction in yoga theory and exercises only and I will not hold Thavma Bikram Yoga, it’s partners, instructors, or employees to any higher standard of care than that applicable to the school of yoga theory and exercises.
4. I understand that it is my continuing responsibility to inform the instructor(s) at Thavma Bikram Yoga of any previous medical conditions, injuries, or surgeries prior to my first class and at such other times as I acquire information as to same.
5. The payment made for services is non-refundable; such refunds if any, are made at the sole discretion of Thavma Bikram Yoga.
6. I hereby grant permission to the rights of my image, likeness and sound of my voice as recorded on audio or videotape without payment or any other consideration. I understand that my image may be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the finished product wherein my likeness appears. I also understand that this material may be used in marketing materials for Thavma Bikram Yoga.
7. I also understand that, except for a monetary refund, I have no claims against Thavma Bikram Yoga (Thavma Yoga II, LLC),Thavma Premium Hot yoga(Thavma Yoga III LLC) or the landlord of the premises, by reason of their refusal to allow me to participate in the programs.
8. I give full permission to be physically adjusted or correct during any postures (by head instructor/senior teacher)
9. I Am ok with essential oils and wish to have my mat lightly sprayed with essential oils and/or want the cold hand towel with essential oils given to me during or after class.
10. I hereby indemnify and hold Thavma Yoga (and its directors, officers, shareholders, employees, affiliates and agents) harmless at all times against and in respect of any claims, assessments, charges, losses, damages, costs and expenses (including, without limitation, reasonable attorneys’ and accountants’ fees and expenses) incurred in connection with the investigation, evaluation, settlement or other resolution, defense, or prosecution of such claims (collectively, “Losses”) arising out of or in connection with (i) my taking Thavma Yoga classes; and (ii) any breach by myself of any representation, warranty, covenant or agreement made by myself herein, or (ii) the nonperformance of any obligation to be satisfied by myself hereunder. I have read the above Release and Liability Waiver and fully understand its contents. I voluntarily agree to the terms and conditions stated above and recognize that my signature serves as complete and unconditional release of all liability to the greatest extent allowed by law in the State of Florida.
IF THE PARTICIPANT IS UNDER 18 YEARS OF AGE: NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN AN INHERENTLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF THAVMA BIKRAM YOGA, ITS OWNERS, EMPLOYEES, INDEPENDENT CONTRACTORS, INSTRUCTORS, AFFILIATES AND THE OWNER OF THE PREMISES USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM THAVMA BIKRAM YOGA, ITS OWNERS, EMPLOYEES, INDEPENDENT CONTRACTORS, INSTRUCTORS, AFFILIATES OR THE OWNER OF THE PREMISES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND THAVMA BIKRAM YOGA, ITS OWNERS, EMPLOYEES,INDEPENDENT CONTRACTORS, INSTRUCTORS, AFFILIATES AND THE OWNER OF THE PREMISES HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
I have read the above Release and Waiver of Liability and fully understand its contents. I voluntarily agree to the terms and conditions stated above. As a legal guardian of , I agree and acknowledge that Bikram Yoga is an inherently dangerous activity and I consent to the above terms and conditions.
Signature of parent/guardian:
ThaVma Yoga II, LLC Waiver of Liability and Indemnity Agreement
I, , (printed name), in consideration of being permitted to utilize the facilities and equipment of In consideration of and as inducement to my enrollment as a yoga student of the Thavma Yoga ll, LLC dba Thavma Bikram Yoga, Thavma Yoga III LLC dba Thavma Premium Hot Yoga and to participate in classes, instructions and activities offered by ThaVma, including without limitation various “hot” yoga classes, private instructions and other classes (ThaVma), herby acknowledge that I understand that the risk of injury from the use of such facilities and equipment and participation in such classes and instructions may be significant, including the potential for injury or death. I, on behalf of myself and any such participating children listed below (“Child” or “Children”), as well as on behalf of any personal representatives, heirs, and next of kin of ours, knowingly and freely assume all such risks, both unknown and known in any way associated with or related to the use of the facilities and equipment and participation in the classes and instruction.
In addition, I acknowledge that novel coronavirus (“Covid-19”) infections have been confirmed throughout the United States, including cases in Florida. In accordance with various state and federal guidelines for slowing the transmission of Covid-19, I hereby agree, represent and warrant that neither I, nor any Child, shall visit or use the facilities of ThaVma, nor participate in any classes or private instruction (other than any online classes or instructions offered by ThaVma) within fourteen (14) days after (i) returning from any highly impacted areas subject to a Center for Disease Control (“CDC”) travel notice or restriction; (ii) exposure to any person returning from such areas; or (iii) exposure to any person who has a suspected or confirmed case of Covid-19. I agree, represent and warrant on that neither I nor Child, shall visit or utilize the facilities, equipment, classes or instructions of ThaVma (except for online classes) if any of us (i) experiences any symptoms of Covid-19, including, without limitation, shortness of breath, fever, or cough; (ii) or has a suspected or diagnosed/confirmed case of Covid-19. I shall notify ThaVma immediately if I believe that any of the foregoing access or use restrictions may apply, so ThaVma may attempt to determine if any of its employees or students may have been exposed to Covid-19 as a result.
ThaVma has taken certain steps to implement recommended guidance and protocols issued by public health agencies for slowing the transmission of Covid-19, including without limitation the restrictions set forth above, and that ThaVma may revise its procedures at any time based on updated recommendations, guidance and protocols issued by such agencies. I acknowledge and agree, on behalf of myself and any Child, to comply with ThaVma’s procedures and guidelines prior to and during the use of any facilities or equipment and the participation in any classes or instructions. I further acknowledge and agree that due to the nature of the facilities and the classes and instructions provided by Thavma, social distancing of six (6) feet per person, as well as the use of masks, is not possible. I, on behalf of myself and the Children, fully understand, acknowledge, accept and appreciate all the dangers, both the known and potential risks and dangers of utilizing the facilities, equipment, services, classes and instructions of ThaVma, and acknowledges that the use thereof by me or any of the Children may, despite ThaVma’s reasonable efforts to mitigate such risks and dangers, could result in exposure to Covid-19, which could result in quarantine requirements, serious illness, disability or death.
In further consideration of the use of the facilities and equipment and participation of the classes, instructions and services offered by ThaVma, on behalf of myself and the Children, I do hereby release, waive, discharge and covenant not to sue ThaVma, its officers, directors, shareholders, employees, agents and volunteers indemnify for any loss or damage, claim or demand on account of any property damage, personal injury, illness or death to me or any such participating children (or any person who may contract Covid-19, directly or indirectly from me or any of the Children), whether caused by the negligence, active or passive, of ThaVma or while using the facilities, equipment, classes, instructions or services of ThaVma. I further agree to indemnify and hold harmless ThaVma, its shareholders, officers, employees, directors, agents and volunteers, from any loss, liability, damage , injury, claim or costs they incur with respect to any and all injury, disability, disease, viral condition, death, loss or damage to person or property (including any conditions resulting from Covid-19 exposure) that I or any of the Children may suffer, or that any of ThaVma’s officers, employees, agents, volunteers or other students or customers may suffer as a result of my or an Child’s failure to comply with the terms and conditions of this Agreement.
I expressly agree that this Waiver and Indemnity Agreement is intended to be as broad and inclusive as permitted by applicable law and if a portion of it is held invalid the balance shall remain in full force and effect.
This Waiver and Indemnity Agreement shall apply to and be binding on the heirs, successors, assigns, personal representatives and any other next of kin of myself or any of the participating children.
I understand that this business is relying on this Waiver of Liability and Indemnity Agreement in agreeing to permit my use of the facilities and equipment and participation in the classes, instructions and services it offers. I have read the release of liability and assumptions of risk agreement and fully understand its terms and that I have given up substantial rights by signing It and I sign it freely and voluntarily without inducement.
I represent that I am the parent or legal guardian of the minor children listed above and that I have full right and authority to execute this Waiver of Liability and Indemnity Agreement on their behalf and in such capacity and that it shall be legal binding on them and me.
*Name of Parent or Legal Guardian Signing Below:
Signature of Parent or Legal Guardian Below: