Fyra Yoga Terms of Service
FYRA YOGA TERMS OF SERVICE AND WAIVER AGREEMENT
By agreeing to the terms of the Fyra Yoga Terms of Service and Waiver Agreement (the “Agreement”), and in consideration for permission to participate in Fyra Yoga classes at the affiliated studios located at (i) 434 Sixth Avenue, FL2, New York, NY 10011, USA, (ii) 109 Metropolitan Ave Brooklyn, NY 11249, USA, and (iii) 3863 Saint-Laurent Boulevard, Suite 205, Montréal, QC, H2W 1X9, Canada (each location a “Studio” and collectively, the “Studios”), you confirm your understanding of, and agreement to the following terms and conditions:
- I understand that yoga includes physical movements as well as an opportunity for relaxation, stress reduction and relief of muscular tension. I also understand that risk of injury, even serious disability, is part of participation in yoga, and such risk cannot be eliminated. I understand that participation in Fyra Yoga classes at the Studios may involve the practice of “hot yoga” (in temperatures of approximately 100 degrees Fahrenheit or 38 degrees Celsius). I understand that by my use of the Studios, there is risk of physical injury to me, and I assume full responsibility for such risk. If I experience any pain or discomfort, I will listen to my body, adjust the posture, ask for help from the instructor and/or stop participating in the class.
- I understand that Yoga is not a substitute for medical attention, examination, diagnosis or treatment. Yoga is not recommended and is not safe under certain medical conditions. I acknowledge and affirm that I am responsible for consulting with a physician and deciding whether to participate in yoga at the Studios. Based on my physician’s advice, and my own assessment of my health, I represent that I do not suffer from any physical or mental difficulties that would make it inadvisable for me to participate in yoga classes.
- I am solely responsible for (i) having regular physical examinations to ensure that there is no change in my health that would make it inadvisable for me to use the Studios in the future; (ii) discontinuing my use of the Studios whenever my physician so suggests, or whenever it would be prudent to discontinue in light of my physical or mental condition; (iii) ensuring that any equipment at the Studios (the “Equipment”) is in good condition before I use it; (iv) ensuring that I use the Equipment properly; and (v) ensuring that I only use the Equipment for the intended purpose. Knowing all of these things, I assume all of the risks associated with the use of the Studios and the Equipment.
- I shall comply with any rules or regulations that owners or managers of any of the Studios may establish for use of any of the Studios. I shall also comply with any amendments or other modifications of those rules or regulations.
- I am responsible for any damage I may directly or indirectly cause to any of the Studios. In addition, I will inform the Studio manager if I notice any damage to the Studios or any of the Equipment.
- I represent and warrant that I am physically fit and I have no medical condition(s) that would prevent my full participation in group or private yoga classes, workshops and retreats offered by any of the Fyra Yoga Entities. I will update the Fyra Yoga Entities as to any changes in my medical condition.
- I will not enter any of the Studios or participate in any yoga classes, workshops, or retreats offered by the Fyra Yoga Entities if I experience symptoms, or, to my knowledge, come in contact with anyone who was either known or suspected to have had symptoms within the past 14-days, associated with COVID-19 or any other sign of illness, including, without limitation, fever, chills, cough, shortness of breath, or sore throat, or if I have a suspected, or diagnosed or confirmed case of COVID-19.
- I will take all appropriate actions required by the Fyra Yoga Entities, including but not limited to, (i) wearing a mask at all times while on the premises at any of the Studios or when participating in any yoga classes, workshops, and retreats offered by any of the Fyra Yoga Entities unless otherwise instructed; (ii) taking my own temperature before entering any of the Studios or consenting to have my temperature checked if necessary prior to participating in any yoga classes, workshops, or retreats offered by the Fyra Yoga Entities; and (iii) adhering to all personal hygiene guidelines and social distancing guidelines prescribed by any of the Fyra Yoga Entities and applicable public health guidelines, including staying at least six (6) feet away from all employees or participants.
- I understand that third parties may occasionally place advertisements in the Studios for Yoga classes, workshops and retreats taking place outside the Studios (“Third Party Events”). I acknowledge that none of the Fyra Yoga Entities are responsible for the administration of such Third Party Events.
ASSUMPTION OF RISK
I have read and understood the above warning concerning the use of the Studios and COVID-19. I hereby choose to accept the risk of injury while using the Fyra Yoga Entities’ services. I also choose to accept the risk of contracting COVID-19 while using the Fyra Yoga Entities’ services. These services are of such value to me that I accept the risk injury, and the risk of being exposed to, contracting, and/or spreading COVID-19 in order to utilize the Fyra Yoga Entities’ services and premises in person rather than arranging for an alternative method of enjoying the same services virtually (e.g. videoconference).
WAIVER OF LAWSUIT/LIABILITY
I hereby forever release and waive my right to bring suit against the Fyra Yoga Entities or their owners, members, managers, agents, successors, assigns, employees, or other representatives in connection with any injuries, or any exposure, infection, and/or spread of COVID-19 related to utilizing the Fyra Yoga Entities’ services and premises. I understand that this waiver means I give up my right to bring any claims including for personal injuries, death, disease or property losses, or any other loss, including but not limited to claims of negligence and give up any claim I may have to seek damages, whether known or unknown, foreseen or unforeseen. I understand that this Agreement is, and is intended to be, an absolute bar on any such claim, suit or other action and that it may be pleaded as such.
AGREEMENT TO ARBITRATE
This Agreement shall be governed by the laws of the State of New York and of the Province of Quebec, and that any claim or dispute that arises under this Agreement, or relating to my use of the Fyra Yoga Entities’ services, shall be resolved by binding arbitration by the American Arbitration Association in New York, NY or the Canadian Arbitration Association in Montréal, QC.
I understand that any of the Fyra Yoga Entities may revoke my right to use any of the Studios at any time.
I understand that the Fyra Yoga Entities may, from time to time, revise the terms of this Agreement, with commercially reasonable efforts to notify me of such revisions by email at the email address provided.
* Fyra Yoga means Yoga Partners, LLC, MYNYC Partners LLC., 9136-2442 Québec Inc., its officers, directors, shareholders, employees, contractors and instructors.
I understand that any of the Fyra Yoga Entities may revoke my right to use any of the Studios at any time.
I understand that the Fyra Yoga Entities may, from time to time, revise the terms of this Agreement, with commercially reasonable efforts to notify me of such revisions by email at the email address provided.
* Fyra Yoga means Yoga Partners, LLC, MYNYC Partners LLC., 9136-2442 Québec Inc., its officers, directors, shareholders, employees, contractors and instructors.