(1) Introduction
This disclaimer governs our online yoga classes and video instruction. We will ask you to accept this disclaimer before taking part in any online yoga class or video.
You acknowledge that all exercise involves a risk of personal injury, including a small risk of severe injury or death, and agree to take responsibility for your health and well-being in relation to our online yoga class or video.
(2) Health and medical conditions
You acknowledge and represent that:
- to the best of your knowledge, you suffer from no medical or physical condition or disability that will or might increase the normal risks associated with exercise; [and/or]
- your doctor has approved your participation in our online yoga class or video.
You must inform us, as soon as possible, if:
- you suffer from any injury, illness, or other medical condition;
- you feel any pain or discomfort during an online yoga class or video; or
- you feel that any exercise included in an online yoga class or video would be unsafe or uncomfortable for you.
We may, in our sole discretion, prohibit you from participating in an online yoga class or video, and you must comply with all of our instructions in relation to our online yoga class or video.
(3) No representations or warranties
To the maximum extent permitted by applicable law and subject to section 6 below, we exclude all representations, warranties, undertakings, and guarantees relating to our online yoga class or video.
Without prejudice to the generality of the foregoing paragraph, we do not represent, warrant, undertake or guarantee:
- that you will not suffer from any injury arising directly our indirectly out of our online yoga class or video;
- that your fitness will measurably improve as a result of participation in our online yoga class or video; or
- that the online yoga class or video will continue to run for any specific period.
(4) Limitations and exclusions of liability
The limitations and exclusions of liability set out in this section and elsewhere in this disclaimer: are subject to section 6 below; and govern all liabilities arising under the disclaimer or in relation to our online yoga classes, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
We will not be liable to you in respect of any personal injury (including, without limitation, serious injury or death) that you may suffer or sustain directly or indirectly as a result of attending our online yoga class or video. Nor will we be liable to you in respect of any other losses arising as a result of any such personal injury.
We will not be liable to you in respect of any of your personal property that is lost, stolen or damaged before, during or after an online yoga class or video.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any special, indirect, or consequential loss or damage.
(5) Exceptions
Nothing in this disclaimer shall: limit or exclude our liability for death or personal injury resulting from negligence; limit or exclude our liability for fraud or fraudulent misrepresentation; limit any of our liabilities in any way that is not permitted under applicable law; or exclude any of our liabilities that may not be excluded under applicable law.
(6) Severability
If a section of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other sections of this disclaimer continue in effect.
If any unlawful and/or unenforceable section would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the section will continue in effect.
(7) Law and jurisdiction
This Agreement, and all claims or causes of action (whether in contract, tort, or statute) that may be based upon, arise out of or relate to this Agreement, or the negotiation, execution, or performance of this Agreement (including any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with this Agreement or as an inducement to enter into this Agreement), shall be governed by and enforced in accordance with, the internal laws of the State of Minnesota, including its statutes of limitations.
(8) Our details
In this disclaimer, “we” means (and “us” and “our” refer to) Central Lakes Healing arts of 3580 72nd St SW, Pequot Lakes, MN 56472.
(9) Instructors
The limitations and exclusions of liability in this disclaimer protect our instructors and us.
MY PARTICIPATION OR PURCHASE IN ANY CENTRAL LAKES HEALING ARTS ONLINE YOGA CLASS OR VIDEO AFFIRMS THAT I HAVE READ, UNDERSTOOD, AND AGREED TO THESE TERMS AND CONDITIONS.
This disclaimer was created using an SEQ Legal template.
Namaste.