General terms of KarunikaClose I understand that yoga is not a substitute for medical attention, diagnosis or treatment. If I have old or current physical issues or injuries, I have the approval of my doctor to attend the yoga class, and I recognize that it is my responsibility to notify the teacher of any illness or injury before every session.
I accept that neither the instructor, nor Karunika, is liable for any injury, or damages, to person or property, resulting from taking the class.
PARTICIPANT RELEASE OF LIABILITY THIS CONSTITUTES A PORTION OF YOUR MEMBERSHIP AGREEMENT ***READ BEFORE AGREEING*** In consideration of being allowed to be a member of and participate in the activities of Karunika VOF Meerhuizenplein 11 1098 TB Amsterdam and any of its fictitious business names (hereinafter “KARUNIKA”), the KARUNIKA training course, and to use the KARUNIKA training equipment and facilities in conformance with the other terms and conditions agreed to, the undersigned (the “PARTICIPANT”) acknowledges, appreciates, and agrees that:
1. Exercise can be inherently dangerous. It is strongly recommended that the PARTICIPANT obtain permission from a physician prior to beginning a fitness regimen involving KARUNIKA training and workouts. The PARTICIPANT is hereby advised and understands that KARUNIKA training, programs, and activities may be physically strenuous.
2. The PARTICIPANT hereby represents that he or she is physically fit, physically sound, does not suffer from any current or pre-existing medical, psychological, or other condition which would or could be worsened, exacerbated, or triggered by participating in KARUNIKA training and workouts, and has the necessary and current medical approval to utilize all facilities, equipment, and exercise classes or programs being offered or which are available at KARUNIKA. The PARTICIPANT acknowledges and understands that prior to beginning any exercise and/or nutrition program it is strongly recommended that the PARTICIPANT consult with and receive approval of a physician. The PARTICIPANT agrees that if he or she suffers from any such medical or psychological condition, or if he or she suffers from heart disease, if she is currently pregnant, or if he or she has any other medical condition which could be negatively affected by the KARUNIKA program and workouts, that PARTICIPANT will obtain written and documented permission from a licensed physician prior to commencing any activities, and that KARUNIKA will have the final say as to whether PARTICIPANT may participate in the KARUNIKA program and workouts despite any such written permission of a physician.
3. The PARTICIPANT is hereby advised and understands that the risk of injury to person and property from the activities involved in the KARUNIKA program is significant, including the potential for serious injury, permanent injury and paralysis, or death. While particular rules, equipment, practices, and personal discipline may reduce this risk, the risk of serious injury exists and cannot be eliminated.
4. THE PARTICIPANT KNOWINGLY AND FREELY ASSUMES ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF KARUNIKA, THE KARUNIKA FACILITY BEING USED, OR OF ANY STAFF MEMBERS (“Releasees”), OR THE NEGLIGENCE OF OTHERS INCLUDING OTHER PARTICIPANTS, MEMBERS, OR GUESTS, AND THE PARTICIPANT ASSUMES FULL RESPONSIBILITY FOR HIS OR HER PARTICIPATION. THE PARTICIPANT ACKNOWLEDGES AND UNDERSTANDS THAT HE/SHE IS USING THE FACILITIES AND SERVICES OF KARUNIKA AT HIS OR HER OWN RISK. Nothing in this Release shall act to limit the PARTICIPANT’s ability to recover against any manufacturer of equipment at issue in the event that any injury is the result of a design defect.
5. The PARTICIPANT willingly agrees to comply with the stated and customary terms and conditions for participation in all KARUNIKA programs, events, and activities. PARTICIPANT agrees to abide at all times by any rules, regulations, or procedures in effect or which may later be implemented by KARUNIKA.
6. The PARTICIPANT freely releases from full liability KARUNIKA and any related entities, all KARUNIKA facilities being used by PARTICIPANT, as well as all businesses, employed individuals, and agents associated with KARUNIKA and KARUNIKA facilities. The PARTICIPANT represents that he or she as well as his or her heirs, assigns, or legal representatives will not sue or make any other claims of any kind whatsoever against KARUNIKA, the facility, its employees, its agents, or its members for any personal injury, property damage/loss, or wrongful death, whether caused by negligence or otherwise. KARUNIKA and its owners, officers, employees, agents, contractors, and affiliates shall not be liable – and the PARTICIPANT hereby expressly waives any claim of liability – for personal injury, bodily injury, emotional or mental injury, or any damages – which occur to any PARTICIPANT. or any guest of any PARTICIPANT, or for any loss of or injury to person or property. This waiver includes, but is not limited to, any loss, damage, or destruction of the personal property of the PARTICIPANT or the PARTICIPANT’s guest(s), and is intended to be a complete release of any responsibility for personal injuries and/or property loss/damage sustained by any PARTICIPANT or any guest of any PARTICIPANT while on the premises of KARUNIKA, whether using exercise equipment or not. PARTICIPANT agrees to indemnity and hold harmless KARUNIKA and its related entities or affiliates, directors, officers, employees, and contractors, as well as other participants, guests, or members of KARUNIKA, from any and all liability and damages incurred arising our of the conduct or activity of such PARTICIPANT, PARTICIPANT’s guest(s), or others who may be on the KARUNIKA premises for any purpose including other participants using the facilities while PARTICIPANT is on the premises insofar as PARTICIPANT is claimed liable for damages to others.
7. In the event that PARTICIPANT is injured and unable to communicate, the PARTICIPANT hereby expressly authorizes the Releasees to consent to emergency medical care on PARTICIPANT’s behalf, and the PARTICIPANT hereby agrees to hold harmless and to indemnify any authorized person giving such consent.
8. The PARTICIPANT represents that he or she is not intoxicated or under the influence of any medication at the time of signing this Release. The PARTICIPANT further agrees to refrain from the use of all alcohol and drugs while participating in any KARUNIKA activities or workouts, other than physician prescribed medications, over-thecounter medications, and/or legal supplements, none of which will affect PARTICIPANT’s ability to participate in strenuous physical activity.
9. The PARTICIPANT is at least 18 years of age.
10. The PARTICIPANT agrees that KARUNIKA, this facility, and its employees and agents are in no way responsible for the safekeeping of any personal belongings while PARTICIPANT attends a class.
11. The PARTICIPANT expressly permits Releasees to use photographs and/or video of PARTICIPANT and his or her likeness in whatever manner they so choose, including, but not limited to, for promotional purposes, and in whatever form (including, but not limited to, press releases, internet use, social media, print use, television use, and internet viral marketing) that Releasees deem appropriate.
I, THE PARTICIPANT, HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, I REPRESENT THAT I FULLY UNDERSTANDS ITS TERMS AND HAVE OTHERWISE HAD THE OPPORTUNITY TO UNDERSTAND ITS TERMS PRIOR TO SIGNING AND I AGREE TO WAIT TO SIGN IT IF I DO NOT UNDERSTAND ANY TERMS, AND I UNDERSTAND AND REPRESENT THAT I HAVE VOLUNTARILY AND WITHOUT ANY INDUCEMENT GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THIS RELEASE AGREEMENT. I AM AWARE THAT THIS AGREEMENT CONTAINS A RELEASE OF LIABILITY AND CONSTITUTES A CONTRACT BETWEEN F45 AND MYSELF, AND I SIGN IT OF MY OWN FREE WILL. MY SIGNATURE ON THIS DOCUMENT AS WELL AS MY USE OF THE FACILITIES AND SERVICES OF F45 FURTHER ACKNOWLEDGES MY ACCEPTANCE OF ALL TERMS OF THIS RELEASE OF LIABILITY.