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Liability Waiver

LIABILITY WAIVER, AWARENESS OF RISKS, NON-RECORDING, RELEASE AND WAIVER AND NON-HARASSMENT AGREEMENT

GENERAL ASSUMPTION OF RISK & LIMITATION OF LIABILITY
By signing this contract and/or checking the box below, 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, death, illness, COVID-19, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my attendance at Power Yoga Canada Inc., Power Yoga At Home and/or its affiliates or participation in Power Yoga Canada programming or trainings whether online, in studio or at any event. On my behalf, I hereby release, covenant not to sue, discharge, and hold harmless Power Yoga Canada Inc., Power Yoga At Home and/or its affiliates, its employees, agents, and representatives, of and from the programming, or trainings 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 Power Yoga Canada Inc., Power Yoga At Home and/or its affiliates, its employees, agents, and representatives.

In signing this contract and/or checking the box below I agree to:

AWARENESS OF RISKS

  • I acknowledge that the instruction offered by Power Yoga Canada Inc., Power Yoga At Home, and/or its affiliates is limited to that of instruction in basic yoga and fitness training.

  • I acknowledge that there are risks associated with participation in any or all the activities, programs or trainings offered or sponsored by Power Yoga Canada studios. I have informed myself and understand the risks associated with my participation in these activities, programs and trainings and (where applicable) my use of the facilities, including the risk of serious and/or permanent personal injury, and I freely accept these risks.

  • I understand that I am free to withdraw from or reduce my participation in the activities, programs and trainings offered or sponsored by Power Yoga Canada Inc., Power Yoga At Home and/or its affiliates at any time.

  • I am not aware of any medical condition that would affect my ability to participate in the activities, programs or trainings offered or sponsored by Power Yoga Canada Inc., Power Yoga At Home and/or its affiliates. If I have any concerns about my medical condition. I will consult with my physician before participating in the activities, programs or trainings offered or sponsored by Power Yoga Canada and/or its affiliates.

  • Power Yoga Canada Inc., Power Yoga At Home and/or its affiliates takes the Coronavirus (COVID-19) very seriously and has put in place preventative measures to reduce the spread of COVID-19; however, Power Yoga Canada Inc., Power Yoga At Home and/or its affiliates cannot guarantee that you will not become infected with COVID-19. Furthermore, attending classes, programs or trainings at PYC could increase your risk, your family members, and/or your guests of contracting COVID-19.

  • I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk I may be exposed to or infected by COVID-19 by attending class, program or training at Power Yoga Canada Inc., Power Yoga At Home and/or its affiliates, 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 Power Yoga Canada Inc., Power Yoga At Home and/or its affiliates may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Power Yoga Canada Inc., Power Yoga At Home and/or its affiliates employees, volunteers, and program participants and their families and whether a COVID-19 infection occurs before, during, or after participation in any Power Yoga Canada class, program, training or event.

  • By signing this document and/or checking the box below, enrolling online, and/or attending in person classes, events, activities, trainings and other programs and/or entering the Power Yoga Canada Inc., Power Yoga At Home and/or its affiliates facilities, to the extent allowed by applicable law, 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 related to COVID-19 and accept sole responsibility for any COVID-19 related injury, illness, damage, loss, claim, liability, or expense of any kind (including, but not limited to, personal injury, disability, and/or death) that may occur to you or your family members in connection with attendance at Power Yoga Canada Inc., Power Yoga At Home and/or its affiliates or as a result of participation in Power Yoga Canada Inc., Power Yoga At Home and/or its affiliates services and (b) covenant not to sue Power Yoga Canada Inc., Power Yoga At Home and/or its affiliates, its instructors, clients, and employees for the classes, programs, trainings or services, 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 Power Yoga Canada Inc., Power Yoga At Home and/or its affiliates, its instructors, its members, and its employees, whether a COVID-19 infection occurs before, during, or after entering Power Yoga Canada Inc., Power Yoga At Home and/or its affiliates studio facilities or participating in any Power Yoga Canada Inc., Power Yoga At Home and/or its affiliates services.

NON-RECORDING OF LIVE STUDIO/ONLINE CLASSES AGREEMENT
You acknowledge and agree that any type of recording or transmission (video, audio, still photography, streaming, social media posting, etc.) of any live Power Yoga Canada Inc., Power Yoga At Home and/or its affiliates classes, programs or trainings whether in person or online, is strictly prohibited without the prior written consent of an authorized officer of Power Yoga Canada Inc., Power Yoga At Home and/or its affiliates. Power Yoga Canada Inc., Power Yoga At Home and/or its affiliates studio teams and instructors are not authorized to provide consent. This includes even a temporary recording/transmission of a live Power Yoga Canada Inc., Power Yoga At Home and/or its affiliates online class, program or training via any online platforms, including without limitation, SnapChat, Facebook, Instagram, or Zoom.
Any violation of this policy is grounds for exclusion from future participation in any Power Yoga Canada Inc., Power Yoga At Home and/or its affiliates classes, programs or trainings. You further agree to indemnify, defend, and hold harmless Power Yoga Canada Inc., Power Yoga At Home and/or its affiliates, its members, its officers, directors, employees, agents, and instructors, from and against any claims, lawsuits or other actions, and all resulting loss, damage, or cost of any kind (including reasonable legal fees) resulting from your violation of this agreement.


RELEASE AND WAIVER
In consideration of the acceptance of my registration for the activities and programs offered or sponsored by Power Yoga Canada Inc., Power Yoga At Home and/or its affiliates, I hereby for myself, my heirs, executors, administrators, or any others who may claim on my behalf, promise not to sue, and hereby waive, release and discharge Power Yoga Canada Inc., Power Yoga At Home and/or its affiliates and anyone acting for or on its behalf, from any and all claims of liability for personal injury, illness, loss of life or property damage of any kind or nature, arising out of or sustained in the course of my participation in the activities and programs offered or sponsored by Power Yoga Canada or related events both on and off of the Power Yoga Canada Premises. This Release and Waiver applies to all claims, foreseen or unforeseen, including negligence and breach of statutory or other duty of care (including that owed under The Occupier's liability Act). I acknowledge and agree that during the course of participating in activities, programs and events offered or sponsored by Power Yoga Canada Inc., Power Yoga At Home and/or its affiliates throughout the world, I may be photographed, taped, recorded or broadcast and I agree to the unrestricted use (alone or together with other materials) of my image or likeness for use on print, web, publications, advertisements, social media, non-theatrical, home video, CD-ROM, Internet, any other electronic medium presently in existence or invented in the future, etc. I also understand that no compensation, fee or royalty will be payable to me from such usage.

I agree that this Agreement and Release and Waiver is intended to be as broad and inclusive as permitted by law. Any provision found to be invalid or unenforceable by a court shall not affect the validity or enforceability of any other provision. I hereby agree that I will not bring or consent to others bringing claim or action against Power Yoga Canada Inc., Power Yoga At Home and/or its affiliates on the grounds that anything contained in the Property, or in the advertising and publicity used in connection herewith, is defamatory, violates any other right whatsoever, including, without limitation, rights of privacy and publicity. I hereby release Power Yoga Canada Inc., Power Yoga At Home and/or its affiliates, its organizers, directors, agents, officers, officials, servants, representatives, assigns and successors from and against any and all claims, demands, actions, causes of actions, suits, costs, expenses, liabilities, and damages whatsoever that I may hereafter have against Power Yoga Canada Inc., Power Yoga At Home and/or its affiliates in connection with the Property. This agreement shall not obligate Power Yoga Canada, Power Yoga At Home and/or its affiliates to use the Property or to use any of the rights granted hereunder, or to prepare, produce, exhibit, distribute or exploit the Property.

NON-HARASSMENT POLICY
In committing to create and maintain an environment that fosters healing, personal growth and transformation it is Power Yoga Canada Inc., Power Yoga At Home and its affiliates policy that no instructor, employee, volunteer, or member should be discriminated against or harassed on the basis of race, religious creed, gender, sexual orientation, national origin, ancestry, age, disability, family status, gender expression, gender identity, colour, ethnicity, citizenship, marital status or receipt of public assistance or other protected status. Such conduct is unlawful, as is retaliation against anyone because they have filed a complaint regarding such conduct or because they have cooperated with an investigation into allegations of harassment.Power Yoga Canada Inc., Power Yoga At Home and its affiliates disapproves of any unwelcomed, inappropriate, and/or offensive conduct by its personnel or its members. If you believe you have been subject to unwelcomed, inappropriate, and/or offensive conduct by any Power Yoga Canada Inc., Power Yoga At Home and/or its affiliates including while participating in PYC programming we encourage you to clearly and promptly tell the person engaging in the conduct that the conduct is unwelcomed and offensive (if you are comfortable doing so), We also ask that you promptly notify a member of the studio team if the harassment takes place in a studio or email the Power Yoga Canada Founders at info@poweryogacanada.com if the harassment takes place digitally or if you feel more comfortable reporting the harassment by email. When making a report or complaint, we strongly recommend that you provide as much specific information as possible in writing, including the following regarding each alleged incident: date, time, place (specify studio location or time/type of virtual class), names of any witnesses, what was said or done, and any other relevant surrounding facts/circumstances. We take complaints of discrimination, harassment and sexual harassment seriously. Our zero tolerance policy for violators means that every instance of discrimination and harassment will be investigated promptly and thoroughly. Violation of this policy will involve disciplinary action up to and including termination of employment or business/volunteer relationship. Power Yoga Canada Inc., Power Yoga At Home and/or its affiliates responsive actions, however, cannot be known in advance since they will vary depending upon the nature of the allegations and the outcome of the investigation. Power Yoga At Home and its affiliates strives to maintain confidentiality throughout the investigative process to the extent practicable. However, our duty to investigate and take corrective action as appropriate may require the disclosure of certain information, and therefore, confidentiality cannot be guaranteed.

By engaging in a relationship with Power Yoga Canada Inc., Power Yoga At Home and/or its affiliates, I agree to be bound by this policy and it forms part of my agreement, whether as contractor, employee or volunteer with the organization and/or its affiliates. I understand that Power Yoga Canada Inc., Power Yoga At Home and/or its affiliates strongly recommends that I consult with my physician prior to commencing any classes and programs. By signing this document, I acknowledge that I have been fully informed of the strenuous nature of this exercise program and the possibility of adverse physiological occurrences including, but not limited to: abnormal blood pressure, fainting, heart attack or death. By signing this document, I assume all risk for my health and well-being, and fully release and hold harmless for any responsibility, cost or damages Power Yoga Canada Inc., Power Yoga At Home and/or its affiliates, its instructors, members and employees. I release Power Yoga Canada Inc., Power Yoga At Home and/or its affiliates of the foregoing and each of their respective partners, officers, directors, employees, volunteers, agents, executors, administrators, successors, and assigns ("the Released Parties") at my own risk and I agree to forfeit any and all forms of legal recourse which may be available to me, including but not limited to any form of damages, as a result of your participation in the classes or programs.

I have read this document carefully and acknowledge that I have complete knowledge and understanding of its contents. I recognize that by signing this document I am waiving certain legal rights, including the right to sue. I am signing this document voluntarily.
I am signing this contract or clicking this box and agreeing to this document voluntarily. I am over the age of 18 years old. I hereby acknowledge that I, and any minor* under my care, fully release.

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