Liability Waiver

In consideration of the services of The Yoga Dance Co., their agents, owners, officers, volunteers, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "YDC"), I hereby agree to release, indemnify, and discharge the YDC, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:

I understand that yoga, dance, aerial yoga, fitness, TRX, gymnastics, tumbling, and aerial arts (acrobatics) includes 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, disabling or even death, is always present and cannot be entirely eliminated. If I experience any pain or discomfort, I will listen to my body, discontinue the activity, and ask for support from the instructor. I assume full responsibility for any and all damages, which may incur through participation. Yoga, dance, aerial yoga, fitness, TRX, gymnastics, tumbling, and aerial arts (acrobatics) is not a substitute for medical attention, examination, diagnosis or treatment. Yoga, dance, aerial yoga, fitness, TRX, gymnastics, tumbling, and aerial arts (acrobatics) is not recommended and is not safe under certain medical conditions. By signing, I affirm that a licensed physician has verified my good health and physical condition to participate in such a fitness program. In addition, I will make the instructor aware of any medical conditions or physical limitations before class. If I am pregnant, become pregnant, or I am post natal or post-surgical, my signature verifies that I have my physician’s approval to participate. I also affirm that I alone am responsible to decide whether to practice yoga, dance, aerial yoga, fitness or acrobatics and participation is at my own risk. I hereby agree to irrevocably release and waive any claims that I have now or may have hereafter against The YDC, its owners, officers, employees, and instructors.

I acknowledge that my participation in yoga, dance, aerial yoga, fitness, TRX, gymnastics, tumbling, and aerial arts (acrobatics) activities including but not limited to aerial arts instruction, aerial silks, aerial lyra (hoop), aerial trapeze, aerial hammock, aerial swing and circus training and instruction activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things: slips and falls; falling from equipment; rope burns, pinches, scrapes, twists and jolts that could result in scratches, bruises, sprains, lacerations, fractures, concussions, or even more severe life threatening hazards; strains, cuts, muscle soreness and fractures, broken bones; musculoskeletal injuries including head, neck, and back; nerve damage; injuries to internal organs; the negligence of other participants or persons who may be present; my own physical condition; and the risk of emotional and psychological injuries or physical damage associated with this activity. Traveling to and from shows, meets and exhibitions will raise the possibility of any manner of transportation accidents. In any event, if you or your child is injured, any medical assistance will be at your own expense. Furthermore, The YDC personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.

I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.

I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless The YDC from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of The YDC’s equipment or facilities, including any such claims which allege negligent acts or omissions of The YDC.

Should The YDC or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.

I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.

In the event that I file a lawsuit against The YDC, I agree to do so solely in the state of California, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.

I hereby grant and authorize The YDC. the right to take, edit, alter, copy, exhibit, publish, distribute and make use of any and all pictures or videos taken of me and/or my child to be used in and/or for any lawful promotional materials including, but not limited to, newsletter, flyers, posters, brochures, advertisements, fundraising letters, annual reports, press kits and submissions to journalists, websites, social networking sites and other print and digital communications, without payment or any other consideration. This authorization extends to all languages, media formats and markets now known or later discovered. This authorization shall continue indefinitely, unless I otherwise revoke this authorization in writing. I waive the right to inspect or approve any finished product in which my likeness appears, including written or electronic copy. I agree that I have been compensated for this use of my likeness or have otherwise agreed to this release without being compensated. I waive any right to royalties or other compensation arising or related to the use of the photographs or videos. I understand and agree that these materials shall become the property of The YDC and will not be returned. I hereby hold harmless and release The YDC. from all liability, petitions, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons may make while acting on my behalf or on behalf of my estate.

By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against The YDC on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at The YDC. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms. I am digitally signing this agreement voluntarily and recognize that my digital signature serves as complete and unconditional release of all liability to the greatest extent allowed by law in the State of California.