Waiver and Release of Liability (Online Wellness Classes)
By participating in online wellness classes (“Sessions”) through Arootah, LLC (“Arootah”) I (“Participant”) confirm that I have read this Waiver and Release of Liability (“Agreement”), and hereby agree to the following terms:
Express Assumption of Risk
Participant is voluntarily participating in the Sessions, during which Participant may receive information, guidance, or instruction about health and wellness practices including, without limitation, yoga, meditation, diet, nutrition, exercise, and physical fitness.
By entering into this Agreement, Participant understands that any physical, fitness or wellness training program (including, without limitation, exercise, diet, meditation, and yoga) may require (to various degrees) strenuous physical exertion, and Participant is fully aware of and hereby assumes the associated risks and hazards involved, including, without limitation, property damage, death, and serious injury (including, by way of illustration and not by way of limitation, falls, sprains, heart attacks, muscle strains, muscle pulls, muscle/ligament tears, broken bones, shin splints, heat prostration, injuries to knees, injuries to back, injuries to foot, illness, soreness, or dehydration) (collectively, “Risks”).
By entering into this Agreement, it is hereby acknowledged that Participant should consult a health care professional before starting any diet, exercise plan, exercise regimen, or any other fitness or wellness program that might be offered by Arootah. Further, Participant willingly assumes full responsibility for any Risks, known or unknown, which might be sustained by Participant or any exercise partners, volunteers, or spectators as a result of participating, volunteering, watching, or undertaking any physical, fitness, or wellness training.
It is Participant’s responsibility to consult with a licensed physician or other qualified medical professional prior to and regarding Participant’s ability to participate in a Session. By entering into this Agreement, it is understood that Participant has no physical impairments, injuries, or illnesses which could endanger Participant or any exercise partners, volunteers, or spectators as a result of participating, volunteering, watching, and/or undertaking physical training as part of a Session.
I am fully aware that any online Session, by definition, is distinctly different from participating in an in-person Session under the physical guidance of a trainer, yogi, teacher, instructor, or coach. Accordingly, I understand that it is solely the Participant’s responsibility to make sure that the Participant’s place of practice is safe.
Disclaimer of Warranties and Limitation of Liability
By entering into this agreement, Participant is willingly participating in Sessions. In consideration for Participant being allowed to participate in Sessions, I hereby release waive, acquit, and forever discharge Instructor, Arootah and its employees, contractors, owners, successors, assigns, and personal representatives from every claim, suit action, demand, or right to compensation for damages I may claim to have or that I may have arising out of acts or omissions by Participant or by Arootah as a result of any advice given by Instructor or otherwise resulting from Sessions contemplated by this Agreement. I further declare and represent that no promise, inducement, or agreement not expressed in this Agreement has been made to me to sign this Agreement. This Agreement shall bind my heirs, executors, personal representatives, successors, assigns, and agents.
If any portion of this Agreement is held invalid, I agree that the remainder of the Agreement shall remain in full legal force and effect. If I am signing on behalf of a minor child, I also give full permission before, during, or after any in-person Session, for any person connected with Arootah to administer first aid deemed necessary, and in case of serious illness or injury, I give permission to call for medical or surgical care for Participant and to transport Participant to a medical facility deemed necessary for Participant’s well-being.
I accept financial responsibility for any injury that Participant may cause either to Participant or to any other participant due to Participant’s negligence. Should the above-mentioned parties, or anyone acting on their behalf, be required to incur attorneys’ fees and costs to enforce this Agreement, I agree to reimburse them, in full, for such fees and costs. I further agree to indemnify and hold harmless Arootah and the hosting organization, their principals, agents, employees, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from Participant’s negligence or intentional acts or omissions while participating in Sessions. This includes, without limitation, parks, recreational areas, playgrounds, areas adjacent to main building, or any area selected for Session-related activities.
Applicable Law and Disputes
This Agreement shall be construed and controlled by the laws of the State of New Jersey. Any dispute arising under, relating to or in any way connected with the agreement must first be submitted to non-binding mediation, unless the parties agree in writing to waive such requirement. Mediation shall be conducted and administered by JAMS in New Jersey. If a dispute remains unresolved at the conclusion of the mediation process or the parties stipulate in writing to waive mediation, either party may submit the dispute to binding arbitration in accordance with the then-current Commercial Arbitration Rules & Procedures of JAMS in New Jersey. Such arbitrator shall be a lawyer not employed by or associated with either party to this Agreement and shall have substantive experience in matters similar to the subject matter of this Agreement. All mediation and arbitration proceedings shall be confidential and New Jersey law shall apply. The prevailing party in any such arbitration proceeding shall be entitled to reimbursement of its legal fees and costs by the non-prevailing party. I understand and agree that this provision is intended to provide both myself and Arootah with the exclusive forum for redressing grievances that arise under, relate to, or are in any way connected to this Agreement. I agree that this Agreement, regardless of the place of its execution or the location of residency, shall be interpreted in accordance with the laws of the State of New Jersey applicable to agreements made and wholly to be performed therein.