WAIVER AGREEMENT

Why You’re Reading This Document

The purpose of this release and waiver (the “Waiver”) is to openly communicate the risks of practicing yoga together, either in person or online, and have you release Modo Yoga Brampton of any liability. Please be aware that if you do not sign this Waiver and agree to its terms, we will not let you participate in our classes.

If you are under the Age of Majority in Ontario (18 years old), your legal guardian must also sign this Waiver on your behalf.

PLEASE READ CAREFULLY, UNDERSTAND FULLY, AND ASK QUESTIONS IF ANYTHING IS UNCLEAR. WE ARE HERE TO SUPPORT YOU. MAKE SURE YOU UNDERSTAND THIS WAIVER. BY SIGNING THIS YOU AGREE YOU ARE SIGNING AWAY YOUR LEGAL RIGHTS AND YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS AGREEMENT.

Parties. We will refer to Modo Yoga Brampton, a corporation registered in the Province of Ontario, as “Modo Yoga Brampton”, “us”, “we” or “our”, and we’ll refer to you, the undersigned (electronically or by hand) or person who has clicked “I Agree” to this Waiver, as “you” or “your”.

The Activities. You will be participating in yoga and exercise classes at Modo Yoga Brampton. We offer moving and meditative yoga and exercise classes, including Vinyasa, Hot Yoga, Power Yoga and other varieties, which may involve but are not limited to the following activities (the “Activities”):

Body weight exercises, yoga poses, breathing and meditation. The constant in all of these classes is that the activities involve stretching and performing yoga poses. Some of the classes may take place in a heated room (the range of heat for hot classes is between 90°F/32°C and 105°F/41°C). The Activities may involve receiving adjustments from instructors, so please advise in advance if you do not want adjustments.

The Activities also apply to any classes made available for online streaming and participation or that take place outside of Modo Yoga Brampton’s facilities, including outdoors. As these classes take place outside of Modo Yoga Brampton’s facilities, we need you to acknowledge that you are responsible for the safe facilitation of the Activities.

Equipment. In the course of the Activities, you will use a variety of equipment, which may include but is not limited to: yoga blocks, bolsters, straps, mats, resistance bands, pillows, dumbbells, foam rollers, massage balls (the “Equipment”). Please do not use any equipment not instructed by Modo Yoga Brampton.

Inherent Risks. You understand that participating in the Activities poses inherent risks, some more obvious/serious than others. These risks can result in serious harm and injuries that could change your quality of life and, in very rare and extreme circumstances, may even result in death.

Injuries include but are not limited to things like muscle tears, strains and other musculoskeletal injuries, sprains, broken bones, cardiovascular complications, dehydration, dizziness and fainting.

Exposure to and contraction of COVID-19 or other communicable diseases passed on via other participants and use of shared space, surfaces, or Equipment.

There are additional risks posed by participating in the Activities online, as there is no in-person supervision or space provided for you, and you will therefore need to ensure the safety of the Activities, using your judgment how to best practice them, not pushing yourself too far or attempting anything you feel unsure how to perform.

Affirmation of Health. By participating in any Activities at Modo Yoga Brampton, you affirm that you have sought medical advice regarding your fitness to practice yoga. If you have not sought such advice, you must be certain that your medical and fitness levels are sufficient to participate in advanced level yoga, including yoga in heated conditions.

Voluntary Assumption of Risk. You have read this Waiver and understand the risks of participating in the Activities with Modo Yoga Brampton. Your signature below, electronic signature or clicking ‘I Agree’, and your participation in the classes at Modo Yoga Brampton illustrates your voluntary engagement and assumption of the risks of the Activities.

Release, Waiver and Indemnity. You hereby release Modo Yoga Brampton, its members, directors, officers, contractors, employees, volunteers, agents, executors, administrators, successors, family members and assigns (the “Released Parties”) from any liability and damages arising from death or personal injuries, including the contraction of COVID-19 or other communicable diseases, however caused including as a result of Modo Yoga Brampton’s negligence, during your participation in the Activities at Modo Yoga Brampton. You are releasing the Released Parties at your own risk and you agree to forfeit any and all forms of legal recourse which may be available to you, including but not limited to any form of damages, as a result of your participation in the Activities. You agree that these provisions above apply to you, your family, heirs, executors or anyone else who may be able to bring a legal action on your behalf in the future.

Media Release. We think you’re awesome and would love to show you off! By being a student at our studio, you agree to grant us the irrevocable right to use your image, likeness, photographs, video content, audio recordings of you captured in our studio or that you share with us online (via your own or others posting of you) as part of our online streaming, marketing and sales throughout the world and in perpetuity. You also release us from all claims you may have relating to the use mentioned in this section. Please let us know If you ever want us to stop using an image of you.

Continued Agreement. Agreement to this Waiver will act as your continued agreement to all ensuing classes, sessions and/or workshops whether in person, online, or via video conferencing tool.

General Legal Provisions. Jurisdiction. This Waiver will be governed exclusively by the laws of the Province of Ontario. Severability. If any provisions of this Waiver are invalid or unenforceable, the other provisions in the Waiver will remain in full force and effect. Entire Agreement. This Waiver constitutes the entire agreement between the parties and replaces any prior agreements. Headings. The headings used in this Waiver are for stylistic purposes only and none of the content in the headings are intended to be legally binding. Online Agreement. We agree that this Agreement may be signed electronically or agreed to by having you click “I Agree”, the effect of which will be the same as signing by hand and the intention of which is that both parties desire to be bound by all the terms of the Agreement.

You agree that you have read this Waiver and fully understand its contents and voluntarily agree to be bound to all of its terms.

Thank you for communicating honestly with us. We look forward to enjoying yoga together!