Agreement of Release and Liability Waiver

Modo Yoga Nanaimo

(Optimal Yoga Inc.)

(Please note our minimum age is 16 years).

I, ____________________________, hereby agree to the following:

I am fully aware of the risks and hazards involved in practicing yoga, yoga-related and fitness-related modalities at Modo Yoga Nanaimo, including in a heated climate.

I understand that it is my responsibility to consult with a physician before and regarding my participation in group or private heated and non-heated yoga classes, fitness classes, workshops, and retreats offered by Modo Yoga Nanaimo.

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 heated and non-heated yoga classes, fitness classes, workshops and retreats offered by Modo Yoga Nanaimo 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 Modo Yoga Nanaimo on any changes in my medical condition or contact with others with known or suspected exposure to COVID-19.

I will not enter the Modo Yoga Nanaimo premises or participate in any yoga classes, classes, workshops, and retreats offered by Modo Yoga Nanaimo 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 Modo Yoga Nanaimo, including but not limited to, adhering to all personal hygiene guidelines and physical distancing guidelines prescribed by Modo Yoga Nanaimo and applicable public health guidelines as defined by the Government of BC and the BC CDC.

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 or I test negative for COVID-19. My signature and acceptance of this Agreement of Release and Waiver constitute my consent to Modo Yoga Nanaimo’s self-assessment policy and all other personal hygiene and social distancing policies prescribed by Modo Yoga Nanaimo, which may be revised occasionally.

In consideration for being permitted to participate in group or private heated and non-heated yoga classes, fitness classes, workshops and retreats provided by Modo Yoga Nanaimo, 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 Modo Yoga Nanaimo, its owners, officers, directors, employees, instructors and representatives (the Modo Yoga Nanaimo 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 the Modo Yoga Nanaimo parties for any illnesses, injury or damages that I may sustain due to my participation in its services.

I will not engage in any inappropriate conduct or conduct which is in violation of this Agreement of Release and Waiver which could result in injury or illness to myself or others.

In further consideration of my participation in classes offered by Modo Yoga Nanaimo, I hereby release the Modo Yoga Nanaimo parties from any and all liability related to any loss, theft or damage of any of my personal property from the Modo Yoga Nanaimo premises. I agree that Modo Yoga Nanaimo is in no way responsible for the safekeeping of my personal belongings while I attend class.

I agree that this Agreement of Release and Waiver shall be governed by the laws of Canada and if any conflict arises between me and Modo Yoga Nanaimo, I will attempt to resolve the conflict in good faith through mediation before submitting my dispute to binding arbitration.

I acknowledge that Modo Yoga Nanaimo is an independently owned and operated franchisee of Modo Yoga International, Inc.

I give Modo Yoga Nanaimo the express permission to take and use photos and videos of my likeness.

I agree that I am 16 years of age or older.

I have read the above release and waiver of liability and fully understand its contents and voluntarily agree to all of the terms and conditions.