Release And Waiver Of Liability (1:1 Yoga Therapy)
Please read the following Release and Waiver of Liability and confirm you agree to it by filling out the form below.
1. I am participating in 1:1 private yoga therapy (Activities) offered by Ann Swanson (Facilitator), Flexible Wellness LLC, in a live, online video format.
2. I recognize that I must be in adequate physical and mental health to participate in the Activities. I understand that the Activities may require physical exertion, and I represent and warrant that I am physically fit enough to participate and I will use my own judgement and adapt or sit out of Activities if I have limitations. I understand that it is my responsibility to consult with a physician before my participation in the Activities. If I have done so, I have taken the physician’s advice. I understand that the Facilitator reserves the right to refuse my participation in any Activity on medical, fitness or any other grounds.
3. I am aware that due to the physical nature of the practice, my participation in the Activities could result in high blood pressure, fainting, heartbeat disorders, physical injury, heart attack or stroke and may aggravate pre-existing injuries. I understand that, as with any physical exercise, I could experience injuries as a result of my participation in the Activities. I understand my physical limitations and I am sufficiently self-aware to stop or modify my participation in any Activity before I become injured or aggravate a pre-existing injury.
4. In consideration of being permitted to participate in the Activities, I agree to assume full responsibility for any risks, injuries or damages, known or unknown, which I might incur as a result of participating in the Activities..
5. In further consideration of being permitted to participate in the Activities, I knowingly, voluntarily and expressly waive any “Claim” (as defined below) I may have against the Facilitator (a “Released Party”) that I may sustain as a result of participating in the Activities even if the Claim arises from the negligence of any Released Party or anyone else. I agree to indemnify and hold harmless each Released Party from any loss, cost, or liability incurred in defending any Claim made by me or anyone making a Claim on my behalf, even if the Claim is alleged to or did result from the negligence of any Released Party or anyone else. “Claim” includes but is not limited to any and all liabilities, claims, demands, expenses, fees, legal actions, rights of actions for damages, personal injury, mental suffering and distress, or death that I may suffer, my spouse, children or unborn child may suffer (including any legal fees or expenses) in connection with participation in any Activity.
6. I, my heirs or legal representatives forever release, waive, discharge and covenant not to sue any Released Party for any Claim caused by any negligence or other acts of a Released Party.
7. I voluntarily and knowingly agree to the terms and conditions stated herein. I am aware that by signing this agreement, I am giving up substantial rights, including my right to sue and certain legal rights my heirs, next of kin, executors, administrators and assigns may have against any Released Party.
8. I also understand that our video sessions are private and not recorded; she will only take photos or videos with my explicit permission. I understand that the emails and digital contacts with the facilitator are not HIPAA compliant, nor are they required to be by law.
9. At the end of the Activity, the Facilitator may explicitly ask for a testimonial which I understand I may choose to give freely, decline, or give with the restriction of not using my name. If I provide a testimonial in written or recorded format, I allow the Facilitator to use this in any way, including on her website, social media, or emails.
10. I understand that by signing this form I agree to be added to the Facilitator’s email list and that I can unsubscribe at any time by clicking on unsubscribe at the end of any of the emails.
11. I understand that Ann Swanson's yoga therapy credential is through her certification with IAYT and her graduate degree studies in yoga therapy, not a healthcare licensure through the state.
12. ***I understand that I am required for safety reasons to have my video on during physical practice–including yoga poses, breathwork, or other movement.*** This also allows the Facilitator to best serve me.