Liability Waiver -
Liability Waiver -
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By signing this contract, and/or attending classes, events, activities, and other programs of Estira Respira whether online or in a facility using facility equipment, you hereby acknowledge and agree, on behalf of yourself, your heirs, personal representatives and/or assigns (collectively “you” and/or “yourself”), that (a) there are certain inherent risks and dangers in any workout program (b) you have voluntarily chosen to participate in a physical exercise program, (c) Estira Respira strongly recommends that you consult with your physician prior to commencing any classes; (d) you have been fully informed of the nature of this exercise program and the possibility of any adverse physiological occurrences including, but not limited to: abnormal blood pressure, fainting, heart attack or death; and (e) you assume all risk for your health and well-being, and fully release and hold harmless Stretch Breathe Wellnessfor any responsibility, cost or damages for any injury, harm or loss you may suffer, including death, as a result of participation in any activities.
If you are enrolling a minor under 18 years of age, please sign on their behalf. The above release applies equally to said minor, minors under 18 years of age may participate only with a parent or legal guardian present. -
Estira Respira takes the spread of any disease including but not limited to the coronavirus pandemic very seriously and has put in place preventative measures to help reduce the spread of disease including COVID-19. While attending any classes or events facilitated or hosted by Estira Respira you agree to:
A) Wear a property fitted nose and mouth covering during the entire class or event.
B) Sanitize your hands before and after event.
C) Observe physical distancing and remain 6 feet away from any other participants not living in your household.
D) Stay home if showing any symptoms or if you are sick.
E) Get tested 2-4x per month for COVID-19.
F) Sign this health declaration once in order to participate.
Even with these enforced safety measures, Estira Respira cannot guarantee that you will not become infected with COVID-19 or any other disease strains and/or allergic reactions. It is possible that attending classes, events and activities hosted by Estira Respira may place you in close physical contact with other members, attendees and staff and could increase the risk that you, and /or your family members contract COVID-19 or other disease strains and/or allergic reaction. You acknowledge the contagious nature of COVID-19 and many other diseases strains and voluntarily assume the risk that you may be exposed to or infected by COVID-19 or other disease strains that is transmissible from close contact with and that such exposure or infection could result in personal injury, illness, permanent disability, and death. You understand the risk of becoming exposed to or infected by COVID-19 or other disease that is transmissible from close contact with others or surfaces they have contacted.
By signing this document, enrolling online, and/or attending in person classes, events, activities, and other programs you voluntarily agree, on behalf of yourself, your heirs, personal representatives and/or assigns, and any minor child you may enroll: (a) to assume all of the foregoing risks and accept sole responsibility for any injury, illness, damage, loss, claim, liability, or expense, of any kind (including, but not limited to, personal injury, disability, and death) that may occur to you or your family members in connection with attendance or as a result of participation in Estira Respira programs; and (b) covenant not to sue, Estira Respira, clients, and partners, from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto, based on the actions, omissions, or negligence of Estira Respira whether a COVID-19 infection or infection from another disease occurs before, during, or after attending studio facilities or participating in any Estira Respira program. -
You hereby acknowledge that you have been examined by a licensed physician in the past 6 months and have been found to be in good health and have no disability, impairment, injury, disease or ailment preventing you from engaging in active or passive exercise which would cause increased risk or injury or adverse health consequences. In the event you are pregnant, you have a duty to not attend a class or event until you have discussed the risks with your obstetrician and you will follow your doctors recommendations and will not hold Estira Respira responsible for any injuries to yourself or your fetus caused in whole or in part by your failure to follow your doctors recommendations.
In addition, by entering any space or facility where classes are held, you acknowledge that you do not have COVID-19, that you have not been exposed to anyone with Covid-19 in the past 14 days and you are not experiencing any Covid-19 symptoms including but not limited to cough, shortness of breath or fever. You certify that you have a duty not to come to any classes or events if you are experiencing any Covid-19 symptoms or other illness that could be transmitted from close contact with other people or from the touching of surfaces.
You hereby consent to a symptom and temperature check upon entering the practice or event space and if determined to be ill shall promptly leave the space or facility and not return until you have been cleared of all illnesses by a physician. You hereby consent to medical treatment for emergencies that occur at Estira Respira events, either during or are related to your participation in an activity where you are unable to consent to such treatment.
Los Angeles County discourages the practice of yoga in temperatures over 100 degrees. -
You acknowledge that you will not hold Estira Respira liable for any lost or stolen property which may occur at any space, facility, or other location during a class or event.
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Please Read the Following Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court:
Class Action and Class Arbitration Waiver. You and Estira Respira each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class,collective, or representative (“Class”) action, and you and Estira Respira each expressly waive our respective right to file a Class action or seek relief on a Class basis.Exception – Small Claims Court Claims. Not withstanding your and Estira Respira agreement to resolve all disputes through arbitration, either you or Estira Respira may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
Exclusive Venue for Litigation and Governing Law. To the extent that the arbitration provisions set forth above do not apply, you and Estira Respira expressly consent that any litigation between you and her shall be filed exclusively in state or federal courts located in and governed by the laws of the State of California or, if in connection with online live (Zoom) or online pre recorded classes (YouTube), the state in which the class was taught, without giving effect to any principles of conflicts of law. In the event of litigation, you and Estira Respira agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.
Signing below acknowledges you opened and read each tab, and agree to the policies outlined.