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 Client Waiver

  1. Standard waiver:

  • I understand and acknowledge that in yoga, as in other forms of exercise, there exist certain inherent risks. I voluntarily participate in the instruction taught at Sweat and Soul Yoga, inc, or Lexington Power Yoga, LLC, both operating as LPY Yoga, yoga classes and barre classes, and agree to assume full responsibility for all risks, injuries, or damages known or unknown, which might incur as a result of participating in the yoga program offered.

  • I understand that it is my responsibility to consult with my health care practitioner prior to and regarding my participation in yoga classes, barre classes, workshops, or other programs offered at Sweat and Soul Yoga, Inc, or Lexington Power Yoga, LLC doing business as LPY Yoga.. By signing below, I release Sweat and Soul Yoga and Lexington Power Yoga, it’s owners and instructors, as well as other students and individual substitute teachers from liability, and hold them harmless for any injury to my person, and damage to my property while on the premises at 350 Cambridge Rd. Woburn, MA 01801 or 1762 Massachusetts Ave, Lexington MA 02420 whether caused in or out of class, by negligence or otherwise. I know that yoga and barre requires alignment of the body and that yoga teachers often adjust students to help them get the poses more accurately. By signing below, I consent to such touch and alignment.

  • I understand that Sweat and Soul Yoga or Lexington Power Yoga, both operating as LPY Yoga, will provide an area for personal belongings to be held during class, however, I agree that Sweat and Soul Yoga, Inc and/or Lexington Power Yoga, LLC, both operating as LPY Yoga is in no way responsible for the loss or damage of my belongings while I attend class.

  • I understand that by signing this waiver I am signing up to receive emails and notices from LPY Yoga.

  1. Recording of live classes at Sweat and Soul Yoga & Lexington Power Yoga dba LPY Yoga:

In order to offer our yoga and barre classes to those not yet comfortable to return to the studio in person, we will be live streaming in person classes on Zoom.  While every attempt will be made to have only the teacher and/or one single individual demoing each pose, the video footage may include other attendees.

  • I hereby grant permission to Sweat and Soul Yoga, Inc and Lexington Power Yoga, LLC both doing business as LPY Yoga the rights of my image in video or still. I understand that my image may be published or distributed and waive the right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive the right to any royalties or compensation arising or related to the use of my image or recording.

  1. Covid-19

  • The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact.

  • LPY Yoga has put in place preventative measures to reduce the spread of COVID-19; however, LPY Yoga cannot guarantee that you will not become infected with COVID-19. Further, attending LPY Yoga could increase your risk of contracting COVID-19.

  • By signing this agreement, I 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 or teaching at LPY Yoga 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 at LPY Yoga may result from the actions, omissions, or negligence of myself and others, including, but not limited to, LPY Yoga employees, volunteers, and fellow yogis.

  • I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with attendance or teaching at Sweat and Soul Yoga, Inc. or Lexington Power Yoga, LLC both doing business as LPY Yoga or participation in yoga or barre classes. On my behalf I hereby release, covenant not to sue, discharge, and hold harmless LPY Yoga, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Sweat and Soul Yoga and/or Lexington Power Yoga, dba LPY Yoga and its employees, whether a COVID-19 infection occurs before, during, or after participation in any of LPY Yoga’s classes.

Terms & Conditions

MEMBERSHIPS AND PAYMENTS

Your membership access applies only to regularly scheduled in-studio and livestream online classes. Special events, workshops, teacher training sessions, and registration series require additional payment for access. Your dues are based on a period of time. You have provided LPY Yoga your credit card or bank account information for the purpose of paying for Membership fees, dues and taxes as applicable by law. Payment for additional goods and services, which may include taxes as applicable by law (including verbal authorization for any of the following), which may include fees for towel rentals, workshops, special events, registrations series, and other similar items, shall be paid by cash or credit in additional transaction(s).

Monthly Passholders: You understand and agree that this Agreement is a month-to-month Agreement ("monthly membership") for a minimum of 3 months and no maximum. Except as otherwise set forth in this Agreement, this Agreement will remain in force unless you cancel it as per below. You will not receive a monthly statement. Your dues, unless prepaid, must be paid through a credit or debit card stored on our online secure software on the date designated in the Agreement and will continue on or around the same day until cancellation.

Annual Passholder: You understand and agree that the term of this Agreement is for 12 (twelve) months ("prepaid membership"). Refunds will not be given to the method of purchase. Except as otherwise set forth in this Agreement, this Agreement will terminate at the end of the term unless you elect to renew your membership at the then current rate.

Annual Passholder Benefits : receive 10% off workshops, bring a friend to class for free once a month, receive special rate for the On demand library.

FREEZE POLICY
Annual passholders can freeze their pass for up to two weeks per year only. All other memberships can not be frozen.

CANCELLATION POLICIES

Pre - Registration is Required

Because of full classes and capacity constraints we can't take "at the door" walk ins. Please be sure to visit the website and pre register and pay before class.

Late Cancel/No Show Consideration Fee

*If you do not cancel your class online at least 3 hours before class begins you will forfeit your class. *Annual & Unlimited members will be charged a $15 no show fee*.

The sooner you can cancel your reservation the better for everyone, it will move people up into the class from the waitlist.

Please understand that this fee is necessary to help us remain in business at this time. Every spot counts.

*Annual & auto renew members will receive 1 oops pass a month. You must email us within 2 hours of the missed class to request it.

You must cancel online using our website or the app. PLEASE NOTE: We can not accept cancellation requests via phone or email.


Workshops: Students who cancel 24 hours in advance will receive a refund in the form of account credit. Day-of cancellations will not be refunded.
To cancel, please email us

You may cancel a monthly membership after fulfilling your minimum commitment for any reason by emailing a written notice of your desire to cancel at least 7 days prior to your next scheduled debit date.

ADDITIONAL RIGHTS TO CANCELLATION

You or your estate may also cancel a membership contract for any of the following reasons:
1. if upon a doctor's order, you cannot physically or medically receive the services because of significant physical or medical disability for a period in excess of three months;
2. in case of your death;
3. If the services to be provided under this contract are not available because the seller fails to open a planned studio or location, permanently discontinues operation of a studio or location, or substantially changes the operation of a studio or location.
4. If you move either your residence or your place of employment more than twenty-five miles from any studio operated by the seller or a substantially similar studio which will accept the seller's obligation under the contract.

Refunds: Requests for a refund of membership dues will not be honored for any time period in which your account shows a lack of utilization outside of a pre-approved Freeze. Nor will LPY Yoga grant a refund for any time period in which your account shows utilization at any Down Under School of Yoga facility. Member agrees that any free months given as an incentive to enter into this Agreement or as a result of a promotion shall not be considered in computing the amount of any refund. Passes with multiple sessions such as a 10-Pass or 5-Pass are not subject to refunds or partial refunds. No refunds will be made to the form of payment. All approved refunds will be to your LPY account. 

Rejoin: If you cancel your membership and you want to rejoin, you must buy a new membership at the then prevailing rates. For YogiPass membership, a new 2-month commitment is initiated when you rejoin and all other terms apply.

Complimentary months received at purchase have no monetary value.

LOSS OR THEFT OF MEMBERS’ PROPERTY

LPY Yoga is not responsible for lost or stolen articles. Lockers and storage spaces are offered without any representation that they will be effective in protecting valuables.

GENERAL RULES

In addition to the rules listed herein, LPY Yoga may, from time to time, post at the LPY Yoga’s premises, or issue orally, additional rules that the members must obey for general safety reasons and mutually respectful use of the facilities.

GUESTS

Annual Passholders may bring one guest per month. All guests must sign in at the front desk and sign a liability waiver prior to using the facilities. All guest passes must be received in person at the front desk.

CHILDREN'S USE

Children 10+ years of age may participate in the generally available yoga/fitness classes when accompanied by his/her parent at all times with a liability waiver signed by a parent or legal guardian. Children 16 years of age or older may come unaccompanied by his/her parent upon reception of a liability waiver signed by a parent or legal guardian. Normal fees apply. LPY Yoga reserves the right to discontinue usage for any person whose behavior is offensive to any other person or to a child who is unsupervised. Children under the age of 16 should not participate in “heated yoga”

DRESS CODE

Proper athletic attire is required. No shoes permitted in the lobby or studio area. Management has the right to prevent the participation in a class if proper attire is not worn.

HEALTH WARRANTY, ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY

Health Warranty: Buyer represents that the member covered under this Agreement is in good health and has no disability, impairment, injury, disease or ailment preventing him or her from engaging in active or passive exercise or which would cause increased risk of injury or adverse health consequences as a result of engaging in active or passive exercise.

Assumption of Risk and Release: The use of the facilities at LPY Yoga naturally involves the risk of injury to you or your guest, whether you or someone else cause it. As such, you understand and voluntarily accept this risk. You agree that LPY Yoga will not be liable for any injury, including, without limitation, personal, bodily or mental injury, economic loss or any damage to you, your spouse or partner, guest, unborn child, or relatives resulting from the negligence of LPY Yoga, anyone on the LPY Yoga’s behalf or anyone using LPY Yoga’s facilities.

No Release for Willful Misconduct: LPY Yoga will not be released from liability for any acts of willful misconduct.

RELEASE AND WAIVER OF LIABILITY; ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT

I understand that Lexington Power Yoga, LLC and Sweat and Soul Yoga, Inc dba LPY Yoga is here to serve me by sharing knowledge of yoga, barre and health and any related activities to promote wellness (“Yoga Activities”). In connection with my participation in the Yoga Activities, I understand, acknowledge and agree as follows:
• Participation in the Yoga Activities is completely voluntary and it is solely my decision to participate in such activities.
• The practice of yoga and barre involves physical movement and exercise which may from time to time be strenuous, and that such practice carries some risk of injury. I am qualified, in good health and in proper physical condition to participate in the Yoga Activities. I understand that I must judge my own capabilities with respect to practicing yoga and barre at LPY Yoga and will only participate in the appropriate level of classes that are within my limits and capabilities. I acknowledge that it is my sole responsibility to confirm that there is no medical or other reason preventing me from participating in the Yoga Activities. If I am pregnant, I shall only participate in the Yoga Activities after I have discussed the potential risks with my obstetrician. I shall follow my obstetrician’s advice and instructions about whether and to what extent I can participate in the Yoga Activities. I agree that I (and my spouse/partner, heirs, and guardians) will hold LPY Yoga harmless for any possible injury to myself, my spouse/partner, heirs, guardians and/or my child/fetus.
• If I believe any conditions are unsafe, I will immediately discontinue participation in the Yoga Activities.
• It is my responsibility to inform the instructor immediately if an injury occurs in connection with the Yoga Activities.
• From time to time during Yoga Activities, instructors may physically adjust a student’s form. If I do not want such physical adjustments, I will inform the instructor at the beginning of each session that I attend. I also acknowledge that if I do wish to receive such physical adjustments, it is my responsibility to inform the instructor when I believe an adjustment has gone as far as I desire at that time.
• That participation in Yoga Activities involves risks of serious bodily injury and possibly death, which may be caused by my own actions or inactions or those of others participating in the Yoga Activities. I am voluntarily participating in the Yoga Activities with full knowledge of the dangers involved and hereby agree to accept full responsibility for any/all injury or death, including without limitation, personal, bodily or mental injury, economic loss or any damage that I suffer resulting from the acts of anyone at, or acting on behalf of, LPY Yoga.
• As consideration for my being permitted to participate in the Yoga Activities, I (and my spouse/partner, heirs, guardians, and legal representatives) release LPY Yoga, its parent companies, subsidiaries, affiliates and assigns and each of their predecessor and successor organizations and each of their current and former principals, instructors, partners, officers, directors, employees, insurers, agents and representatives and the owners/lessors of the premises wherein the Yoga Activities take place (“Releases”) from any and all liability and claims for damages arising out of, relating to and/or by reason of my voluntary decision to participate in the Yoga Activities including the use of any equipment or the facilities. I further agree that, I (and my spouse/partner, heirs, guardians and legal representatives) will not make a claim against, sue, or attach the property of LPY Yoga or Releases for injury or damage resulting from the negligence, misconduct or other acts or omissions, howsoever caused, by any employee, agent, or contractor of LPY Yoga as a result of my participation in the Yoga Activities. If I, or anyone acting on my behalf, make a claim against any of the Releasees, I will indemnify, save and hold harmless each of the Releasees from any loss, liability, damage or costs which may incur as a result of such claim.
• In connection with my participation in the Yoga Activities, I agree to abide by any reasonable rules and policies of LPY Yoga.
• Assignment-This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by LPY Yoga without restriction.

WAIVER OF CLAIMS OF DEFECTIVE EQUIPMENT

You understand and acknowledge that LPY Yoga does not manufacture any of the fitness or other equipment at its facilities, but purchases or leases equipment from third parties. As such, you understand and acknowledge that LPY Yoga is providing solely recreational services and may not be held liable for defective products.

DISPUTE RESOLUTION

Any controversy or claim arising out of or relating to this Agreement, brochures, or any other literature concerning the program, or the breach thereof, including without limitation any claim related to illness, injury, or death, shall be subject to the following conditions: 1) the dispute will be governed by Massachusetts law; 2) the parties agree that they will attempt in good faith to settle any and all disputes arising out of, under or in connection with this Agreement, including without limitation the validity, interpretation, performance and breach hereof, through a process of mediation in Massachusetts under the supervision of a mutually agreed upon mediator; 3) in the event that mediation fails to settle such a dispute, the parties agree that they will proceed to arbitration in Massachusetts using one arbitrator pursuant to the then existing rules of the American Arbitration Association; 4) the maximum amount of recovery to which a participant will be entitled under any and all circumstances will be the published tuition cost of the program with LPY Yoga. This Agreement to arbitrate does not waive or modify any liability release agreed by the Student. Arbitration against LPY Yoga must be commenced within one year following the date of vacation completion. Neither the Company nor any affiliate shall in any case be liable for other than compensatory damages, and you hereby waive any right to punitive damages.

This Agreement constitutes the entire agreement of the parties and no other agreement or understanding exists between Buyer and LPY Yoga. LPY Yoga has made no express or implied warranties or representations other than those expressly set forth in this Agreement to induce Buyer to enter into this Agreement.

Manual, handwritten, or oral changes to this Agreement are not valid. Only a written document entitled “Amendment to Membership Agreement” signed by both an authorized representative of LPY Yoga and student may change this Agreement. Employees are not authorized to make any independent agreements with any Member.

If LPY Yoga does not enforce any right in the Agreement for any reason, LPY Yoga does not waive its right to enforce it later. Any conflict between the original Agreement and any copy of the original Agreement shall be controlled by the original Agreement.

If any provision of this Agreement is held unenforceable, it is the parties’ intention that said unenforceability not affect other provisions of this Agreement.

By clicking the acceptance of these terms and conditions, you are certifying that you are at least 18 years old and that you have reviewed and agree to the Terms and Conditions of this Agreement. You further understand that you are responsible for payments described herein and elsewhere on the LPY Yoga website.

HEALTH DISCLAIMER FOR DIGITAL, ONLINE, STREAMING, VIDEO, AND AUDIO CONTENT

Physical exercise and movement, in all of its forms and with or without the use of equipment such as blocks, straps or any other equipment that may be suggested by a LPY Yoga instructor, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical or movement exercise regimen, routine, program or using any suggested equipment, shown in any of the video or audio content provided by LPY Yoga LPY Yoga is not a medical organization and its instructors or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while viewing LPY Yoga video, audio, or live-streamed classes. Nothing contained in the content should be construed as any form of such medical advice or diagnosis.
By using the video, audio, or streaming services, you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes, courses, programs, and activities from LPY Yoga, you will not exceed your limits while performing such activity, and you will select the appropriate level of activity for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against LPY Yoga, or any person or entity involved with LPY Yoga, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.

TERMS & CONDITIONS FOR MEMBERSHIPS WITH SIGNED WAIVERS

REVIEW DETAILS

LPY ON Demand Library

WAIVER
I release and waive all claims and liability against LPY Yoga, its owner, its landlords, its teachers, its employees, its independent contractors and its agents, for all claims related to my participation in any class. I understand that LPY Yoga is in no way responsible for the safekeeping of my personal belongings while I attend class. I understand that the practice of yoga involves risk of injury, which might result from my own actions or the actions, inactions or negligence of others. I understand the teacher and assistant may offer hands-on adjustments or energetic assists during class. I take full responsibility for not exceeding the physical limits of my body, and for any injury or discomfort that may be experienced as a result of class at LPY Yoga. I understand it is my personal responsibility to consult a medical doctor regarding participation in class. I agree to indemnify, reimburse, and hold LPY Yoga harmless for any costs, expenses, or damages. I understand this release and waiver is in effect forever and that I do not need to sign a new waiver each time I attend class. I give LPY Yoga permission to use my image in any advertising or promotional material. I also understand classes may occasionally be photographed or videoed for promotional use and give my permission for my image to be used this way.

HEALTH DISCLAIMER FOR DIGITAL, ONLINE, STREAMING, VIDEO, AND AUDIO CONTENT
Physical exercise and movement, in all of its forms and with or without the use of equipment such as blocks, straps or any other equipment that may be suggested by a LPY Yoga instructor, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical or movement exercise regimen, routine, program or using any suggested equipment, shown in any of the video or audio content provided by LPY Yoga. LPY Yoga is not a medical organization and its instructors or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while viewing LPY Yoga video, audio, or live-streamed classes. Nothing contained in the content should be construed as any form of such medical advice or diagnosis.
By using the video, audio, or streaming services, you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes, courses, programs, and activities from LPY Yoga, you will not exceed your limits while performing such activity, and you will select the appropriate level of activity for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against LPY Yoga, or any person or entity involved with LPY Yoga, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.

MEMBERSHIPS AND PAYMENTS
Your membership access applies only to LPY On Demand Library content. Special events, workshops, teacher training sessions, and registration series require additional payment for access. Your dues are based on a period of time and are in no way related to or adjusted based on actual usage of the LPY On Demand Library content. You have provided LPY Yoga your credit card or bank account information for the purpose of paying for Membership fees, dues and taxes as applicable by law. Payment for additional goods and services, which may include taxes as applicable by law (including verbal authorization for any of the following), which may include fees for workshops, special events, registrations series, and other similar items, shall be paid by cash or credit in additional transaction(s).

LPY On Demand Library Membership: You understand and agree that this Agreement is a month-to-month Agreement ("monthly membership") for a minimum of 1 month and no maximum. Except as otherwise set forth in this Agreement, this Agreement will remain in force unless you cancel it as per below. You will not receive a monthly statement. Your dues, unless prepaid, must be paid through a credit or debit card stored on our online secure software on the date designated in the Agreement and will continue until cancellation.

Right to Modify Dues and Fees: LPY Yoga reserves the right to modify your dues at any time upon 30 days written notice. If you have a prepaid membership, LPY Yoga may not modify the amount of your prepaid dues before the expiration of the current term.

CANCELLATION POLICIES

You may cancel your membership at anytime from your account page.

Right to cancel: By law, you may cancel this Agreement at any time prior to midnight of the third business day after the date of this Agreement, excluding Sundays and holidays. To cancel this Agreement, mail or deliver a signed and dated notice to the LPY Yoga location you joined or where you practice, stating that you wish to cancel this Agreement or words of similar effect. We will make all commercially reasonable efforts to return all monies paid pursuant to the Agreement within ten (10) business days of receipt of such notice of cancellation.

ADDITIONAL RIGHTS TO CANCELLATION
You or your estate may also cancel this contract for any of the following reasons:
1. if upon a doctor's order, you cannot physically or medically receive the services because of significant physical or medical disability for a period in excess of three months;
2. in case of your death;
3. If the services to be provided under this contract are not available because the seller fails to open a planned studio or location, permanently discontinues operation of a studio or location, or substantially changes the operation of a studio or location.
4. If you move either your residence or your place of employment more than twenty-five miles from any studio operated by the seller or a substantially similar studio which will accept the seller's obligation under the contract.

Refunds: Prorated refunds are not available when membership is cancelled. Requests for a refund of dues will not be honored for any time period in which your account shows a lack of utilization. Nor will LPY Yoga grant a refund for any time period in which your account shows utilization.

Termination for Cause: LPY Yoga may terminate your membership if: (1) you fail to make timely payments; (2) the monthly payment or dues are interrupted or discontinued for any reason and you do not provide an acceptable alternative; (3) you fail to follow any of LPY Yoga’s membership policies or rules or violate any part of this Agreement; or (4) your conduct is improper or harmful to the best interests of LPY Yoga or its customers.

Effect of Termination: Upon cancellation or termination of membership, your right to use the LPY Yoga facilities ends. If you owe money, LPY Yoga will deduct it from any refund. If there is not enough money in the refund to cover all amounts you owe, you must pay the balance.

Rejoin: If you cancel your membership and you want to rejoin, you must buy a new membership at the then prevailing rates. 

Complimentary months received at purchase have no monetary value.

GENERAL RULES
In addition to the rules listed herein, LPY Yoga may, from time to time, post at the LPY Yoga’s premises, or issue orally, additional rules that the members must obey for general safety reasons and mutually respectful use of the facilities.

GUESTS
Annual Passholders may bring one guest per month. All guests must sign in at the front desk and sign a liability waiver prior to using the facilities. All guest passes must be received in person at the front desk.

CHILDREN'S USE
Children 10+ years of age may participate in the generally available yoga/fitness classes when accompanied by his/her parent at all times with a liability waiver signed by a parent or legal guardian. Children 14 years of age or older may come unaccompanied by his/her parent upon reception of a liability waiver signed by a parent or legal guardian. Normal fees apply. LPY Yoga reserves the right to discontinue usage for any person whose behavior is offensive to any other person or to a child who is unsupervised.

HEALTH WARRANTY, ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY
Health Warranty: Buyer represents that the member covered under this Agreement is in good health and has no disability, impairment, injury, disease or ailment preventing him or her from engaging in active or passive exercise or which would cause increased risk of injury or adverse health consequences as a result of engaging in active or passive exercise.

Assumption of Risk and Release: The use of the facilities at LPY Yoga naturally involves the risk of injury to you or your guest, whether you or someone else cause it. As such, you understand and voluntarily accept this risk. You agree that LPY Yoga will not be liable for any injury, including, without limitation, personal, bodily or mental injury, economic loss or any damage to you, your spouse or partner, guest, unborn child, or relatives resulting from the negligence of LPY Yoga, anyone on the LPY Yoga’s behalf or anyone using LPY Yoga’s facilities.

No Release for Willful Misconduct: LPY Yoga will not be released from liability for any acts of willful misconduct.

RELEASE AND WAIVER OF LIABILITY; ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
I understand that LPY Yoga is here to serve me by sharing knowledge of yoga, Pilates and health and any related activities to promote wellness (“Yoga Activities”). In connection with my participation in the Yoga Activities, I understand, acknowledge and agree as follows:
• Participation in the Yoga Activities is completely voluntary and it is solely my decision to participate in such activities.
• The practice of yoga and Pilates involves physical movement and exercise which may from time to time be strenuous, and that such practice carries some risk of injury. I am qualified, in good health and in proper physical condition to participate in the Yoga Activities. I understand that I must judge my own capabilities with respect to practicing yoga and Pilates at LPY Yoga and will only participate in the appropriate level of classes that are within my limits and capabilities. I acknowledge that it is my sole responsibility to confirm that there is no medical or other reason preventing me from participating in the Yoga Activities. If I am pregnant, I shall only participate in the Yoga Activities after I have discussed the potential risks with my obstetrician. I shall follow my obstetrician’s advice and instructions about whether and to what extent I can participate in the Yoga Activities. I agree that I (and my spouse/partner, heirs, and guardians) will hold LPY Yoga harmless for any possible injury to myself, my spouse/partner, heirs, guardians and/or my child/fetus.
• If I believe any conditions are unsafe, I will immediately discontinue participation in the Yoga Activities.
• It is my responsibility to inform the instructor immediately if an injury occurs in connection with the Yoga Activities.
• From time to time during Yoga Activities, instructors may physically adjust a student’s form. If I do not want such physical adjustments, I will inform the instructor at the beginning of each session that I attend. I also acknowledge that if I do wish to receive such physical adjustments, it is my responsibility to inform the instructor when I believe an adjustment has gone as far as I desire at that time.
• That participation in Yoga Activities involves risks of serious bodily injury and possibly death, which may be caused by my own actions or inactions or those of others participating in the Yoga Activities. I am voluntarily participating in the Yoga Activities with full knowledge of the dangers involved and hereby agree to accept full responsibility for any/all injury or death, including without limitation, personal, bodily or mental injury, economic loss or any damage that I suffer resulting from the acts of anyone at, or acting on behalf of, LPY Yoga.
• As consideration for my being permitted to participate in the Yoga Activities, I (and my spouse/partner, heirs, guardians, and legal representatives) release LPY Yoga, its parent companies, subsidiaries, affiliates and assigns and each of their predecessor and successor organizations and each of their current and former principals, instructors, partners, officers, directors, employees, insurers, agents and representatives and the owners/lessors of the premises wherein the Yoga Activities take place (“Releases”) from any and all liability and claims for damages arising out of, relating to and/or by reason of my voluntary decision to participate in the Yoga Activities including the use of any equipment or the facilities. I further agree that, I (and my spouse/partner, heirs, guardians and legal representatives) will not make a claim against, sue, or attach the property of LPY Yoga or Releases for injury or damage resulting from the negligence, misconduct or other acts or omissions, howsoever caused, by any employee, agent, or contractor of LPY Yoga as a result of my participation in the Yoga Activities. If I, or anyone acting on my behalf, make a claim against any of the Releasees, I will indemnify, save and hold harmless each of the Releasees from any loss, liability, damage or costs which may incur as a result of such claim.
• In connection with my participation in the Yoga Activities, I agree to abide by any reasonable rules and policies of LPY Yoga.
• Assignment-This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by LPY Yoga without restriction.

WAIVER OF CLAIMS OF DEFECTIVE EQUIPMENT
You understand and acknowledge that LPY Yoga does not manufacture any of the fitness or other equipment at its facilities, but purchases or leases equipment from third parties. As such, you understand and acknowledge that LPY Yoga is providing solely recreational services and may not be held liable for defective products.

DISPUTE RESOLUTION
Any controversy or claim arising out of or relating to this Agreement, brochures, or any other literature concerning the program, or the breach thereof, including without limitation any claim related to illness, injury, or death, shall be subject to the following conditions: 1) the dispute will be governed by Massachusetts law; 2) the parties agree that they will attempt in good faith to settle any and all disputes arising out of, under or in connection with this Agreement, including without limitation the validity, interpretation, performance and breach hereof, through a process of mediation in Massachusetts under the supervision of a mutually agreed upon mediator; 3) in the event that mediation fails to settle such a dispute, the parties agree that they will proceed to arbitration in Massachusetts using one arbitrator pursuant to the then existing rules of the American Arbitration Association; 4) the maximum amount of recovery to which a participant will be entitled under any and all circumstances will be the published tuition cost of the program with LPY Yoga. This Agreement to arbitrate does not waive or modify any liability release agreed by the Student. Arbitration against LPY Yoga must be commenced within one year following the date of vacation completion. Neither the Company nor any affiliate shall in any case be liable for other than compensatory damages, and you hereby waive any right to punitive damages.

This Agreement constitutes the entire agreement of the parties and no other agreement or understanding exists between Buyer and LPY Yoga. LPY Yoga has made no express or implied warranties or representations other than those expressly set forth in this Agreement to induce Buyer to enter into this Agreement.

Manual, handwritten, or oral changes to this Agreement are not valid. Only a written document entitled “Amendment to Membership Agreement” signed by both an authorized representative of LPY Yoga and student may change this Agreement. Employees are not authorized to make any independent agreements with any Member.

If LPY Yoga does not enforce any right in the Agreement for any reason, LPY Yoga does not waive its right to enforce it later. Any conflict between the original Agreement and any copy of the original Agreement shall be controlled by the original Agreement.

If any provision of this Agreement is held unenforceable, it is the parties’ intention that said unenforceability not affect other provisions of this Agreement.

By clicking the acceptance of these terms and conditions, you are certifying that you are at least 18 years old and that you have reviewed and agree to the Terms and Conditions of this Agreement. You further understand that you are responsible for payments described herein and elsewhere on the LPY Yoga website.

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