Liability Waiver

Here are the various terms and conditions set out respectively

(A) Waiver of Liability

Physical Conditions and Safety
1. You understand that it is your responsibility to consult a physician regarding your ability to participate in the “Activities” and that participating in the physical activities undertaken may impose physical demands upon you.

2. You shall not participate in any of the physical Activities whilst suffering from any infections or contagious illnesses, diseases or other ailments including but not limited to open cuts, abrasions, open sores or minor infections, where there is any risk that such use or participation in such conditions may be detrimental to the health, safety, comfort or physical conditions of other participants; you will bring any such matters to the attention of staff if in any doubt.

3. If you are pregnant, under medication and/or suffering from or having suffered from any medical disability you are strongly advised to seek the advice of a qualified medical practitioner before commencing any of the physical activities available.

4. No person who is under the influence of drugs or of alcohol is permitted to participate in the said Activities.

5. You acknowledge and voluntarily assume (i) your responsibility to assess your level of fitness and general health (including where appropriate consulting your physician or doctor) before commencing any physical activity and (ii) the risks of serious injury that are associated with physical activity of any kind including any variety of group or private yoga, reiki, integrative bodywork sessions and community events, and participation in related activities or activities related to the private or group sessions (collectively the “Activities”). You confirm that you shall retain all control and direction over your Activities at all times and shall ensure that you conduct such Activities in a safe and careful manner. You voluntarily assume full liability and accept the risk of harm, including physical injury and discomfort as a result of your participation in the various Activities.

6. You warrant and represent that you are in good physical condition and have no medical reason or impairment that might prevent you from your intended participation of the Activities or use of the facilities and equipment. You confirm that The exhale group (henceforth known as “exhale”) nor its officers, directors, employees, volunteers, agents, guest teachers and independent contractors did not give you any medical advice before you joined or participated in the Activities and understand that exhale, its officers, directors, employees, volunteers, agents, guest teachers and independent contractors cannot at any time give you any advice relating to your physical condition. If you have any health or medical concerns now or after participating in the Activities, you should consult with your physician prior to participating in the Activities or using the equipment at the workshop.

(B) Limitation of Liability

1. You hereby acknowledge that you are aware that in participating in the physical activities available in the class/workshop/event, and in using the facilities there are risks or possibility of injury. Specific risks vary from one Activity to another and the risks range from minor injuries to major injuries, such as catastrophic injuries, including death.

2. To the fullest extent permitted by applicable law, The exhale group (henceforth known as “exhale”), its related corporations and their respective agents, employees and guest teachers shall not be liable for any loss or damage to property or in respect of any injuries, illness or death including without limitation, personal, bodily, or mental injury, economic loss, indirect, special, incidental or consequential damages or any other damage, to you, your unborn child or relatives, howsoever caused, aggravated or incurred arising out of or in any way connected with your participation in the Activities and other services or from the actions or negligence of exhale or anyone on exhale’s behalf or anyone using the facilities or participating in the Activities whether related to the Activity or not. Further, you understand and acknowledge that exhale does not manufacture the equipment at its facilities or workshop, but purchases and/or leases equipment. You understand and acknowledge that exhale is providing services and may not be held liable for defective products.

3. You hereby acknowledge that you understand and voluntarily accept the risks of injury involved in your participation in the Activites. To the fullest extent permitted by applicable laws, you hereby agree exhale shall not be liable in contract, tort (including without limitation negligence), pre-contract or other representations or otherwise out of or in connection with your participation in the workshop, for any claims, demands, damages, economic loss (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), loss of good will or reputation, or special or indirect consequential losses in any case. You further agree not to hold exhale liable for any act or omission, default, fraud or negligence of any other person or guest or third party.

4. You hereby agree to defend, fully indemnify on demand and hold harmless exhale, its officers, directors, employees, volunteers, agents, guest teachers and independent contractors (each such person, an “Indemnified Person”) from and against all liabilities, claims, expenses, damages and losses incurred by such Indemnified Person, including legal fees (on an indemnity basis) and arising from any claim made against in Indemnified Person by another participant, arising from any breach of these terms and conditions by you, or as a result of or in connection with any act, omission, default, negligence or conduct of you. This obligation to indemnify exhale shall survive the termination of the Agreement.