Class Participation Agreement

In exchange for participation in the activity of private lessons, group lessons, and training organized by Bliss In The City Yoga and/or use of the property, facilities, and services of Bliss In The City Staff at any indoor or outdoor facility, I agree for myself and (if applicable) for the members of my family to the following: 

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1. STATEMENT OF GOOD HEALTH. I affirm that I am, and (if applicable) my family members are, in good health, have been examined by a licensed physician within the past six months, and have been found by a physician to be in good health and fully able to perform all yoga and pilates postures and exercises, in all styles of yoga and pilates.

 

2. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and any oral instructions or directions given by Bliss In The City, its owners, instructors, employees, representatives, or agents (hereinafter “Bliss In The City”). This includes instructions as to when, where, and how to perform and not perform yoga and pilates postures and exercises.

 

3. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with yoga and pilates training and that no amount of care, caution, instruction, or expertise can eliminate these risks. I understand that any deviation from instructions shall be at my own risk. I hereby assume full responsibility for my education and practice of yoga and pilates. I understand that the room temperature can exceed 105 degrees and that I may have an adverse reaction to this. I also understand that all Bliss In The City equipment is used and shared by all students. Equipment includes but is not limited to: mats, blocks, straps, balls, pillows, or any other equipment belonging to Bliss In The City. The novel coronavirus (hereinafter “COVID-19”) has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly by person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. Bliss In The City has put in place preventative measures to reduce the spread of COVID-19; however, we cannot guarantee that you or your family members will not become infected with COVID-19. Further, attending classes could increase your risk and your family member’s risk of contracting COVID-19. I hereby acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by attending classes with Bliss In The City and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Bliss In The City, program participants, their families, or other third parties. I expressly and voluntarily assume full responsibility for personal injury to myself and (if applicable) my family members. I further release and discharge Bliss In The City from liability for injury, disease, infection, death, and property loss or damage arising out of my or my family’s use of or presence upon the facilities or equipment of Bliss In The City or under the instruction of a Bliss In The City employee. I release and discharge them whether caused by the fault, negligence or otherwise of myself, my family, Bliss In The City, or other third parties. I further understand that this assumption of full responsibility for personal injury, and release and discharge of Bliss In The City covers any and all injuries, diseases, infections, and property loss or damage arising from COVID-19 regardless of whether an infection occurs before, during, or after participation in any Blissful In The City class or workshop.

 

4. INDEMNIFICATION. I hereby fully release, waive, discharge, covenant and agree to indemnify, defend, and hold harmless Bliss In The City against all claims, causes of action, damages, judgements, costs, or expenses, including attorney fees and other litigation costs, which may in any way arise from my or (if applicable) my family’s use of or presence upon the contracted facilities or equipment of Bliss In The City, or under the instruction of Bliss In The City. I further understand and agree that this release covers any and all claims based on the actions, omissions, or negligence of Bliss In The City or other third parties arising from COVID-19, regardless of whether infection occurs before, during, or after participation in any Bliss In The City class or workshop. This provision shall also bind personal representatives assigns, heirs, and next of kin. 

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5. PHOTO/VIDEO RELEASE. I understand that if I attend an in-person class that has a live stream, my image may be included and or part of the stream. I hereby grant Bliss In The City permission to use my likeness in a photograph, video, and other digital media, without payment or compensation.

 

6. FEES. I agree to pay for all damages to the facilities and equipment of Bliss In The City by any negligent, reckless, or willful actions by me or my family.

 

7. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under New Mexico state law.

 

8. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own counsel review this Agreement if I so desire. I further agree and acknowledge that Bliss In The City has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.

 

9. ARM’S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm’s length negotiation between Parties. In the event of any ambiguity found to exist in the interpretation of this Agreement or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particularly part based upon their status as the drafter for a specific term, language, or provision giving rise to such ambiguity.

 

10. ENFORCEABILITY. The terms of the Agreement are contractual and not a mere recital. This release, waiver, indemnity, and hold harmless Agreement is intended to be as broad and inclusive as permitted by the laws of the state of New Mexico. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be part of this Agreement.

 

11. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties hereby agree to resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure:

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Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, then the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law.