waiver

SYMONE. YOGA STUDIO

RELEASE AND WAIVER OF LIABILITY AND ASSUMPTION OF RISK

The individual named below (referred to as “I” or “me”) desires to participate in yoga classes, meditation classes, breathwork sessions, workshops, private sessions, special events, retail activities, and any other services, programs, or activities offered by SYMONE. Yoga Studio (whether singular or plural, collectively, the “Activities”). SYMONE. Yoga Studio, including its owners, instructors, employees, independent contractors, agents, affiliates, successors, and assigns, is referred to in this Release as the “Studio.”

In consideration of being permitted to participate in the Activities and use the Studio’s facilities, equipment, and services, and in recognition of the Studio’s reliance on this agreement, I agree to the following terms and conditions:

ASSUMPTION OF RISK

I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES MAY BE PHYSICALLY DEMANDING AND MAY INVOLVE THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. I UNDERSTAND THAT YOGA, MOVEMENT, STRETCHING, BREATHWORK, MEDITATION, USE OF PROPS, AND OTHER STUDIO ACTIVITIES MAY INVOLVE RISKS INCLUDING, BUT NOT LIMITED TO, MUSCLE STRAINS, SPRAINS, FALLS, SLIPS, COLLISIONS, AGGRAVATION OF PRE-EXISTING CONDITIONS, DIZZINESS, FAINTING, HEART-RELATED EVENTS, AND OTHER PHYSICAL OR EMOTIONAL INJURIES.

I acknowledge that injuries or losses may result from my own actions or omissions, the actions or omissions of others, the condition of the facilities or equipment, or the ordinary negligence of the Studio or its representatives, including negligent emergency response. Notwithstanding these risks, I voluntarily choose to participate in the Activities with knowledge and understanding of the dangers involved.

I hereby agree to accept and assume any and all risks of injury, disability, death, illness, emotional distress, and/or property damage arising from or related to my participation in the Activities, whether caused by the ordinary negligence of the Studio or otherwise.

HEALTH REPRESENTATION

I represent that I am physically and mentally capable of participating in the Activities and that I have consulted a physician or other qualified healthcare provider when appropriate. I understand that it is my responsibility to disclose any medical condition, injury, pregnancy, limitation, or other circumstance that may affect my ability to safely participate.

I agree to listen to my body, work within my own limits, and stop participating if I experience pain, dizziness, shortness of breath, discomfort, or any other concerning symptom. I understand that instructors may offer general guidance and modifications, but I remain solely responsible for determining whether participation is appropriate for me.

RELEASE AND WAIVER OF LIABILITY

I HEREBY EXPRESSLY WAIVE AND RELEASE ANY AND ALL CLAIMS, NOW KNOWN OR HEREAFTER KNOWN, AGAINST THE STUDIO AND ITS OWNERS, MEMBERS, INSTRUCTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “RELEASEES”), ARISING OUT OF OR ATTRIBUTABLE TO MY PARTICIPATION IN THE ACTIVITIES OR USE OF THE STUDIO’S FACILITIES, EQUIPMENT, OR SERVICES.

This release includes claims for injury, disability, death, illness, emotional distress, or property damage, whether arising from the ordinary negligence of the Studio or any Releasee or otherwise. I covenant not to make or bring any such claim against the Studio or any Releasee and forever release and discharge the Studio and all Releasees from liability under such claims.

THIS WAIVER AND RELEASE DOES NOT EXTEND TO CLAIMS FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR ANY OTHER LIABILITY THAT TEXAS LAW DOES NOT PERMIT TO BE RELEASED BY AGREEMENT.

INDEMNIFICATION

I shall defend, indemnify, and hold harmless the Studio and all Releasees from and against any and all losses, damages, liabilities, claims, actions, judgments, settlements, costs, or expenses of any kind, including reasonable attorney fees, arising out of or resulting from any claim by a third party related to my participation in the Activities, including claims related to my own negligence or the ordinary negligence of the Studio.

EMERGENCY MEDICAL CARE

I consent to receive medical treatment deemed necessary if I am injured or require medical attention while participating in the Activities. I understand and agree that I am solely responsible for all costs related to medical treatment, emergency transportation, evacuation, or other related services.

I hereby release, forever discharge, and hold harmless the Studio and all Releasees from any claim based on medical treatment or other emergency services provided or arranged in connection with my participation in the Activities.

PERSONAL PROPERTY

I understand that I am responsible for my personal belongings while at the Studio or participating in any Studio-related Activity. I release the Studio and all Releasees from liability for lost, stolen, or damaged personal property.

GOVERNING LAW AND SEVERABILITY

This Release constitutes the entire agreement between the Studio and me regarding the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral.

If any term or provision of this Release is held invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and shall be enforced to the greatest extent permitted by law.

This Release shall be governed by and construed in accordance with the laws of the State of Texas. Any claim or cause of action arising under or related to this Release may be brought only in the federal or state courts located in the county where the Studio is located, and I consent to the exclusive jurisdiction of those courts.

ACKNOWLEDGMENT

BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTOOD THIS RELEASE. I UNDERSTAND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE STUDIO AND THE RELEASEES FOR CLAIMS ARISING FROM ORDINARY NEGLIGENCE. I AM SIGNING THIS RELEASE FREELY AND VOLUNTARILY, WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE.

I intend my signature to be evidence of my complete and unconditional agreement to this Release to the greatest extent allowed by law.

AUTHORIZATION AND CONSENT TO USE NAME, IMAGE, AND LIKENESS

I grant SYMONE. Yoga Studio and its legal representatives, agents, successors, and assigns the right and permission to use photographs, videos, digital images, recordings, testimonials, and other media in which I appear or participate, whether taken by the Studio or provided by me, for any lawful purpose, including marketing, advertising, social media, print materials, the Studio website, and other promotional materials.

I understand that this permission may be used with or without my name and that I will not receive payment or other consideration for such use. I waive any right to inspect or approve the finished product or the use to which it may be applied.

I release, discharge, and hold harmless the Studio and its representatives from any and all claims, causes of action, or demands arising from the use of my name, image, likeness, voice, testimonial, or other media, including claims for invasion of privacy, defamation, or misappropriation of likeness.