Release, Waiver, Indemnity of Liability

This Participant Contract and Release, Waiver and Indemnity of Liability Agreement (hereinafter “Agreement”) is entered into by me (“Participant”) and Ethereal Lotus Yoga,  (“Organizer”).  In consideration of being permitted to participate in the activities presented by the Organizer, the Parties hereby agree as follows:

This Agreement is made and entered into under the laws of the State of Colorado and the United States and shall be interpreted, governed and enforced under and pursuant to these laws.  The term of this Agreement is for periodic sessions of various Vinyasa, Ashtanga, and Pranayama over the next twelve months.

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Participant agrees that should an action be brought against Organizer and/or any Yoga Facilitator or Apprentice working in collaboration with the Organizer for any reason whether to enforce the terms of this agreement or on some other basis, that all disputes between Participant and Organizer and/or any Breathwork Facilitator or Apprentice working in collaboration with the Organizer will be litigated in Colorado and Participant waives any rights they may have in litigating in any other jurisdiction.

Participant certifies that he/she is at least 18 years of age.

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Medical Responsibility

 

Participant understand that Yoga is not a substitute for medical attention, examination, diagnosis or treatment. Yoga is not recommended and is not sold under certain medical conditions. By signing or electronically checking "I agree", Participant affirms that they have received advice from their doctor that they are capable of physical exercise such as that provided by Ethereal Lotus Yoga, or Participant will seek such advice, or Participant will assume the risk of exercising without a doctor’s examination. In addition, Participant will make the instructor aware of any medical conditions or physical limitations before class. If Participant is pregnant, become pregnant or Participant is post-natal or post-surgical, Participant's signature and/or by electronically checking "I agree", verifies that Participant has their physician's approval to participate. Participant also affirms that they alone are responsible to decide whether to practice and participation is at my own risk. Participant hereby agrees to irrevocably release and waive any claims that they have now or may have hereafter against Ethereal Lotus Yoga and all related facilities and premises for any personal injury or negligence. Participant takes full and complete responsibility for my presence at the Ethereal Lotus Yoga class/session/program/workshop and Participant will not hold Jeannette Rodriguez, any substitutes or Ethereal Lotus Yoga responsible for any injuries or loss they may incur as a result of their participation in any yoga class or discipline now or in the future.

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Personal Responsibility

Participant agrees to comply with the stated and customary guidance and norms of participation in Breathwork sessions. If, however, Participant observes any unusual hazard during his/her participation including but not limited to any physical symptoms that Participant feels could be a danger to his/her physical well-being, participant will immediately remove himself/herself/themselves from participation in the session and bring such to the attention of the Organizer or a Facilitator forthwith.

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Participant acknowledges that it is he/she/their duty to exercise ordinary care for the protection of others and myself while attending a Vinyasa, Ashtanga, Pranayama or Breathwork Yoga "Class, Session, Program, Workshop, or Other" with Ethereal Lotus Yoga. Participant assumes the risk of physical activity with his/her/their own physical condition. If at any time during the class, participant feels any discomfort or strain, they will gently come out of the posture. Participant understands that they may rest at any time during the class. Participant understands that it is important in yoga that they listen to his/her/their body, and respect its limits on any given day. Participant understands that yoga induces physical movements as well as an opportunity for relaxation, stress re-education and relief of muscular tension. As is the case with any physical activity, the risk of injury, even serious or disabling, is always present and cannot be entirely eliminated. If Participant experiences any pain or discomfort, they will listen to his/her/their body, discontinue the activity, and ask for support from the instructor. Participant will continue to breathe smoothly. Participant assumes full responsibility for any and all damages, which may incur through my participation.

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Participant acknowledges that he/she/they have been advised (a) concerning the types of activities which will be engaged in during the  Program, and understands the risks and difficulties that may arise during the  Program; and (b) that if Participant feels too uncomfortable to continue at any point during the Yoga, he/she/they are to stop immediately and check in with Organizer before continuing.  Participant understands that he/she may decline to do any of the activities.  Participant understands that by executing this release and engaging in the Program, he/she is assuming those risks which are inherent to the activities involved.  Participant further understands that these activities are best done in presence of or in conjunction with the Organizer, for best results.

 

Participant understands and agrees that, if this is an in-person Yoga Program, Organizer is not responsible for property that is lost, stolen, or damaged while in, on, or about the premises.

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Confidentiality

Participant agrees to keep confidential any comments, shares or experiences by other participants.

Participant understands and agrees that he/she is attending and participating in the Program at the discretion of Organizer, which attendance and/or participation can be terminated at any time without being informed of the reason therefore.  Participant agrees not to record – audio or video – any of these sessions or any persons participating therein. ​

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Recording & Distribution Policy

Participant understands that participation in any Program of the Organizer may be recorded and shared for the purposes of marketing, educational and/or reference purposes. By participating in the Program, you grant the Organizer the right to record and distribute the content, including your potential participation, in any format.

Distribution of Recordings: Recordings of the Program may be shared on our website, social media platforms, or through other channels. These recordings are intended to provide ongoing educational value to our participants.  Participant Anonymity: While recordings may include participant engagement, we are committed to maintaining your anonymity and privacy. If you have concerns about being recorded or identified, please let us know in advance, and we will make reasonable efforts to accommodate your request.  Your Consent: By participating in the Program, you acknowledge and consent to the recording and potential distribution of the Program content, including your participation.  Contact Us: If you have any questions, concerns, or requests related to the recording and distribution of Program content, please contact us at Jeannette@ethereallotusyoga.com.

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YOU AGREE TO ABSOLVE THE COMPANY OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED ON THIS WEBSITE AND/OR THE RESOURCES YOU MAY DOWNLOAD FROM THIS WEBSITE.  YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE OF THIS WEBSITE.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME.

THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

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• By checking "I agree", Participant agrees to have read this agreement and understand it contains release of all claims language for injuries and damages and I have either consulted an attorney or, at my sole discretion, elected not to do so. I voluntarily sign my name evidencing acceptance of the provisions of this agreement. If English is not my native language I have either studied enough English to be able to read and understand this agreement, or I have had this agreement explained to me in my native language.

 

Contact Us

Jeannette Rodriguez

Ethereal Lotus Yoga

Email Address: jeannette@ ethereallotusyoga.com

Effective as of August 20, 2022