Waiver

Date: November 26, 2019

RELEASE AND WAIVER AGREEMENT

Why You’re Reading This Document

We are so excited to welcome you to Torch Yoga! Before you begin your first class with us, we need you to clearly understand the risks of participating in yoga, hot yoga and bootcamp fitness classes with us. Please be aware that if you do not sign this Waiver and agree to its terms, then we will not let you participate in the Activities at our studio.

PLEASE READ CAREFULLY, UNDERSTAND FULLY, AND ASK QUESTIONS IF ANYTHING IS UNCLEAR. WE ARE HERE TO SUPPORT YOU. MAKE SURE YOU UNDERSTAND THIS WAIVER.  BY SIGNING, YOU UNDERSTAND YOU ARE SIGNING AWAY YOUR LEGAL RIGHTS AND YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS WAIVER.

  1. Parties. We will refer to Torch Yoga and Fitness LLC as “Torch Yoga”, “us”, or “we”, an LLC incorporated in Virginia and we’ll refer to you as “you” or “your.” 

  1. The Activities. You will be participating in yoga classes, hot yoga classes and heated and non-heated fitness classes at Torch Yoga. 

    1. Yoga Classes. We will do flexibility training in the form of yoga positions, body weight exercises, strength exercises, mobility, range of motion exercises, breathing, pranayama, meditation exercises, relaxation exercises, and the use of props or other equipment such as blankets, bolsters or straps provided Torch Yoga.

    2. Hot Yoga Classes. We will do the Activities listed above in provision 2.1 but they will take place in a heated room. 

    3. Bootcamps. Our bootcamp classes involve  doing weight resistance exercises, body resistance exercises, strength exercises, mobility, and range of motion exercises. We will use equipment like TRX, kettlebells, free weights, and any other equipment which would reasonably be incorporated into a high-intensity circuit training class. We will also do these bootcamps in a heated room. 

Together, provisions 2.1-2.3 comprise what you will be doing with us at Torch and will be defined as the “Activities”

  1. Inherent Risks. You understand that participating in the Activities has inherent risks, some of which are more obvious than others. Injuries include but are not limited to things like: muscle tears, muscle strains, and other musculoskeletal injuries, sprains, broken bones, concussions, dehydration, complications from spending time in a heated room, cardiovascular complications, dizziness, exhaustion, and fainting. 

    1. The risks listed above in Section 3, can result in serious harm and injuries that could change your quality of life and, in rare and extreme circumstances, may even result in permanent disability or death. You will progress at your own pace and will listen to your body. If at any point you feel overexertion, pain, or fatigue, you must assume the responsibility of respecting your body and take a rest. Always communicate any discomfort with one of our instructors immediately. 

  1. Affirmation of Health. Before participating in any Activities at Torch Yoga, you agree that you have sought medical advice regarding your ability to safely practice yoga, heated yoga and bootcamp classes. If you have not sought such advice, you must be certain that your medical and fitness levels are sufficient to participate safely in the Activities. 

  1. Voluntary Assumption of Risk. You have read this Waiver and understand the risks of participating in the Activities with Torch Yoga. Your signature below and your participation in the classes at Torch Yoga illustrate your voluntary participation and assumption of the risks of doing so.

  1. Minors and Guardians. In Virgina you are considered a minor if you are under 18 years old. You are still welcome to participate in our classes if you are younger than 18, however you must have a parent or guardian sign this waiver and release form on your behalf. We insist you do not participate in class until this has been organized properly. 

  1. Release, Waiver, and Indemnity. YOU HEREBY RELEASE TORCH YOGA, AND ITS DIRECTORS, OFFICERS, CONTRACTORS, PARTNERS, EMPLOYEES, VOLUNTEERS, AGENTS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, FAMILY MEMBERS, AND ASSIGNS (THE “RELEASED PARTIES”), TO THE FULLEST EXTENT PERMITTED BY LAW, FROM ANY LIABILITY AND DAMAGES ARISING FROM PERSONAL INJURIES OR DEATH, HOWEVER CAUSED, INCLUDING OUT OF NEGLIGENCE, DURING YOUR PARTICIPATION IN THE ACTIVITIES AT TORCH  YOGA. 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 these provisions above apply to you, your family, heirs, executors, or anyone else who may be able to bring a legal action on your behalf in the future. If Torch Yoga incurs attorney’s fees and costs to enforce this Waiver, you agree to reimburse Torch Yoga for such fees and costs.  

  1. General Legal Provisions. Jurisdiction. This Waiver will be governed exclusively by the laws of the State of Virginia. Severability. If any provisions of this Waiver are invalid or unenforceable, the other provisions in this Waiver will remain in full force and effect. Entire Agreement. This Waiver constitutes the entire agreement between the parties and replaces any prior agreements, promises, or commitments. This Waiver may not be amended, changed, or altered except by another written agreement. Headings. The headings used in this Waiver are for stylistic purposes only and none of the content in the headings are intended to be legally binding.