MODO YOGA LA LLC

MODO YOGA LA WAIVER AGREEMENT

The undersigned freely executes this Modo Yoga LA Waiver Agreement (the “Agreement”) in consideration for permission to participate in Modo Yoga LA (“MYLA”) classes offered by Modo Yoga LA, LLC, Modo Yoga LA East, LP, Modo Yoga LA- Ocean, LP, and Modo Yoga LA East and Ocean General, LLC (collectively, the “MYLA Entities”) at the affiliated MYLA studios located at (i) 1755 Glendale Blvd Los Angeles, CA 90026; (ii) 340 South La Brea Avenue Los Angeles, CA 90036; and (iii) 2570 Lincoln Blvd Marina Del Rey CA 90291 (each location a “Studio” and collectively, the “Studios”).

• I understand that yoga includes physical movements as well as an opportunity for relaxation, stress reduction and relief of muscular tension. I also understand that risk of injury, even serious disability, is part of participation in yoga, and such risks cannot be eliminated. I understand that participation in MYLA classes at the Studios involves the practice of “hot yoga” (in temperatures of approximately 100 degrees Fahrenheit or 40 degrees Celsius). 
• I understand that by my use of the Studios, there is risk of serious physical injury to me, and I assume full responsibility for such risk. If I experience pain or discomfort, I will listen to my body, adjust the posture, inform the instructor, and stop participating in the class. 
• I represent and warrant that I am physically fit and I have no medical condition(s) that would prevent my full participation in group or private yoga classes, workshops and retreats offered by any of the MYLA Entities and that I have not, within the past 14-days, experienced any symptoms that could be associated with Coronavirus (COVID-19) or, to my knowledge, been close to anyone who was either known or suspected to have had symptoms that could be associated with COVID-19 during the same time period.
• I will update the MYLA Entities as to any changes in my medical condition or contact with others with known or suspected exposure to COVID-19.
• I will not enter any of the Studios or participate in any yoga classes, workshops, or retreats offered by the MYLA Entities if I experience symptoms, or, to my knowledge, come in contact with anyone who was either known or suspected to have had symptoms within the past 14-days, associated with COVID-19 or any other sign of illness, including, without limitation, fever, chills, cough, shortness of breath, or sore throat, or if I have a suspected, or diagnosed or confirmed case of COVID-19.  
• I will take all appropriate actions required by the MYLA Entities, including but not limited to, (i) wearing a mask at all times while on the premises at any of the Studios or when participating in any yoga classes, workshops, and retreats offered by any of the MYLA Entities unless otherwise instructed; (ii) taking my own temperature before entering the any of the Studios or consenting to have my temperature checked if necessary prior to participating in any yoga classes, workshops, or retreats offered by the MYLA Entities; and (iii) adhering to all personal hygiene guidelines and social distancing guidelines prescribed by any of the MYLA Entities and applicable public health guidelines, including staying at least six (6) feet away from all employees or participants. 
• If I have a body temperature above normal or any symptom that could be associated with COVID-19, I acknowledge that I will be asked to leave and not return until I have been COVID-19 symptom-free for at least 14 days. My signature and acceptance of this Agreement of Release and Waiver constitutes my consent to the MYLA Entities’ temperature monitoring policy and all other personal hygiene and social distancing policies prescribed by the MYLA Entities, which may be revised from time to time.
• In consideration for being permitted to participate in group or private yoga classes, workshops and retreats provided by the MYLA Entities, I agree to assume full responsibility and, on behalf of myself and, to the extent permitted law, my spouse, heirs, executors, administrators, assigns, and other persons or entities acting or purporting to act on my behalf, hereby generally and completely release, acquit, and forever discharge and release each of the MYLA Entities and their owners, officers, directors, employees, instructors and representatives (the “MYLA Parties”) from any and all liability for any risks, illnesses, injuries or damages, known or unknown, which I might incur as a result of my participation, which shall include, but not be limited to, being exposed to, or contracting COVID-19. In further consideration thereof, I knowingly, voluntarily and expressly waive any claim I may have against any of the MYLA Parties for any illnesses, injury or damages that I may sustain as a result of my participation. I understand that this waiver is, and is intended to be, an absolute bar on any such claim, suit or other action and that it may be pled as such.
• I understand that third parties may occasionally place advertisements in the Studios for Yoga classes, workshops and retreats taking place outside the Studios (“Third Party Events”). I acknowledge that none of the MYLA Parties are responsible for the administration of such Third Party Events. I hereby generally and completely release, acquit, and forever discharge and release each of the MYLA Parties from any and all liability for any risks, illnesses, injuries or damages, known or unknown, which I might incur as a result of my participation in such Third Party Events.
• I understand that Yoga is not a substitute for medical attention, examination, diagnosis or treatment. Yoga is not recommended and is not safe under certain medical conditions. I acknowledge and affirm that I am responsible for consulting with a physician and deciding whether to participate in yoga at the Studios. I have had a full physical examination by a physician within six (6) months of today’s date. Based on my physician’s advice, and my own assessment of my health since that time, I represent that I do not suffer from any physical or mental difficulties that would make it inadvisable for me to participate in MYLA classes at the Studios.
• I am solely responsible for (i) having regular physical examinations to ensure that there is no change in my health that would make it inadvisable for me to use the Studios in the future; (ii) discontinuing my use of the Studios whenever my physician so suggests, or whenever it would be prudent to discontinue in light of my physical or mental condition; (iii) ensuring that any equipment at the Studios (the “Equipment”) is in good condition before I use it; (iv) ensuring that I use the Equipment properly; and (v) ensuring that I only use the Equipment for the intended purpose. Knowing all of these things, I assume all of the risks associated with the use of the Studios and the Equipment.
• I shall comply with any rules or regulations that owners or managers of any of the Studios may establish for use of any of the Studios. I shall also comply with any amendments or other modifications of those rules or regulations.
• I am responsible for any damage I may directly or indirectly cause to any of the Studios. In addition, I will inform the Studio manager if I notice any damage to the Studios or any of the Equipment.
• I hereby indemnify each of the MYLA Entities and hold them harmless from and against any Costs arising from or relating in any way to my use of the Studios.
• I also agree that this Agreement shall be governed by the laws of the State of California, and that any claim or dispute that arises under this Agreement, or relating to my use of the Studios, shall be resolved by binding arbitration in Los Angeles, California with the American Arbitration Association.
• I understand that any of the MYLA Entities may revoke my right to use any of the Studios at any time.

(Parent or legal guardian must sign for any participants under 18 years of age. Proof of age may be required. No one under 16 years of age may participate.)