Media & Liability Release

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MEDIA RELEASE AGREEMENT

Welcome!

The purpose of this Media Release Agreement (the “Release”) is for you to give us permission to use any photos or videos we capture of you or photos, videos, or any other content taken or created by you as we prepare to record content to stream online. We want it to be perfectly clear that you are giving away the irrevocable rights of your audio, video, photo, and other recordings to Omni Yoga.

1. On-Camera Release. You hereby grant to Omni Yoga LLC, a Limited Liability Company operating in the State of Washington, and any of its subsidiaries, affiliates, successors, licensees and assigns (collectively, “Omni Yoga” or “us”) the worldwide, irrevocable, perpetual right to photograph and record you on video or film, edit and use any such photographs or recordings, including your voice, movements, musical or other sound effects, as well as your biographical information and testimonials, for any purpose, including commercial use, in any and all media, now known or hereafter devised. 

2. Work-for-Hire. If we, Omni Yoga, have hired you as a professional to create content on our behalf, by signing this Release, you understand that we are creating a ‘Work for Hire’ relationship, where all intellectual property ownership in all materials created will forever belong to Omni Yoga.

3. Materials Release. You hereby grant to Omni Yoga the worldwide, irrevocable, non-exclusive, perpetual right to use the copyrighted photographs and/or video recordings, taken by you or of you, which you either provide to Omni Yoga or which Omni Yoga takes of you (the “Licensed Material”) for any purpose, including commercial use and resale, in any and all media, now known or hereafter devised. 

3.1. Omni Yoga’s use of the Licensed Material shall be subject to an arrangement made between you and Omni Yoga. You warrant and represent that you have the right and authority to grant these rights, that the consent of no other person or company is required to enable Omni Yoga to use the Licensed Material, and that such use will not violate the rights of any kind of third party. 

4. Minors. A parent or guardian must sign this Media Release Agreement for any minor. Your signature will authorize Omni Yoga to take images, video, and audio recordings of your child during presentations. Without your explicit permission, these images and recordings will never be used on Social Media.

5. Release of Liability. You hereby release Omni Yoga from any and all claims and demands of any nature whatsoever arising out of or in connection with it exercising its rights under this Media Release Agreement, including, without limitation, any and all claims for invasion of privacy, infringement on the right of publicity or personality, defamation (including libel and slander), and infringement of moral rights and other personal and/or property rights. Further, 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. You hereby agree to indemnify and hold harmless Omni Yoga and its members, officers, directors, employees, volunteers, agents, heirs, executors, administrators, successors, and assigns from any and all liability resulting from our use of the Licensed Materials. 

6. Ownership of Licensed Materials. You understand that in signing this agreement, either by hand or electronically or clicking ‘I Agree’, you are irrevocably assigning, across all jurisdictions in the world and forever, any intellectual property rights you have in the Licensed Materials, however they were created. Omni Yoga will always have full intellectual property ownership of the Licensed Materials, and this is a work-for-hire provision, where Omni Yoga is paying you to keep all ownership in the Licensed Materials. 

7. Arbitration. Any controversy or claim arising out of or relating to this Agreement or the breach of this Agreement shall be settled exclusively by arbitration. You also agree that, should arbitration take place, it will be exclusive to the courts of the State of Washington or such other arbitrator mutually agreed upon by the parties. The arbitrator’s decision shall be final, binding on both parties, and enforceable in any court of competent jurisdiction. The losing party shall bear the costs of the arbitration. The arbitration award shall be final and binding upon the parties, and the parties hereby waive any rights to appeal or challenge the award to the extent permitted by applicable law. This arbitration clause shall survive the termination or expiration of this contract.

8. General Terms. Choice of Laws and Venue. This Agreement will be governed exclusively by the laws of the State of Washington. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the State of Washington. Severability. If any provision of this Release is invalid or unenforceable, the other provisions in the Release will remain in full force and effect. Entire Agreement. This Release constitutes the entire agreement between the parties and replaces any prior agreements. Headings. The headings used in this Release are for stylistic purposes only, and none of the content in the headings is intended to be legally binding. Assignment. Omni Yoga’s rights under this Release may be freely assigned and licensed to any entity. Online Agreement. We agree that this Release may be signed electronically or agreed to by having you click “I Agree”, the effect of which will be the same as if we signed the Release by hand, and the intention of which is that both parties desire to be bound by all the terms of the Release.

WAIVER AND RELEASE OF LIABILITY

Welcome! Before participating in Omni Yoga’s services, we need you to thoroughly read, understand, and agree to this Waiver and Release of Liability (the “Waiver”). The purpose of this Waiver is to clearly communicate some risks of participating with us and to have you release Omni Yoga of any liability if you get injured or sick, if you have complications or side effects, if any of your things are lost, stolen, or broken, or if anything else goes wrong. Please be aware that if you do not sign this Waiver and agree to its terms, you will not be permitted to participate in any services. 

If you are a minor in the State of Washington or in your place of residence, your legal guardian must also sign this Waiver on your behalf. 

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

1. Parties. We are Omni Yoga LLC, a Limited Liability Company based in the State of      Washington. In this Waiver, we will refer to ourselves as “Omni Yoga,” “us,” “we,”  and “our.”      We’ll refer to you, the undersigned (electronically or by hand), or the      person who has clicked “I Agree” (or something similar) to this Waiver, as      “you” or “your.”
2. The Activities. As part of your services with Omni Yoga, you may participate, in      person or online, in Safe and Transformational Yoga sessions, events,      workshops, and more, all of which may involve but are not limited to the      following (“Activities”):

2.1. Stretching and flexibility training include yoga poses, body weight and strength exercises, including aerial yoga, breath work, meditation, and relaxation. Some classes may take place in a heated room (the range of heat for hot classes is between 90°F/32°C and 115°F/41°C).

2.2. Breathwork and Meditation. 

2.3. Cold Dip

2.4. Tai Chi, Qigong and Self-defense 

2.5. Nutrition Coaching

2.6. The Activities may involve physical contact in the form of adjustments and tactile cues from instructors, so please let us know in advance if you do not want adjustments. 

2.7. The Activities also apply to any classes made available for online streaming and participation, both live or recorded, or that take place outside of Omni Yoga’s facilities, including outdoors. You agree that you are responsible for the safe facilitation of the Activities happening outside our facilities. 

1. Equipment. In the course of the Activities, you may use a variety of equipment, which could include but is not limited to blocks, bolsters,      straps, mats, resistance bands, pillows, dumbbells, foam rollers, massage balls, hand towels (wet and dry), cold plunge pool, rigging, suspension, and silk hammocks (the “Equipment”).      Please do not use any equipment not instructed by Omni Yoga. You understand that while we will do everything to reasonably maintain the equipment, it is possible that the equipment may break or fail, and the risks of any such failure may result in the risks outlined below.

3.1. Please note that we may add new and different Equipment in the future to provide the Activities which will be similar to the Equipment listed above. You accept the risk of any future and similar related Equipment you may use in the future to participate in the Activities.

1. Inherent Risks. You understand that participation in the Activities may pose inherent risks, some of which are more serious than others. These risks can result in serious harm and injuries that could change your quality of life, your ability to earn an income, and, in very rare and extreme circumstances,      could even result in death.

4.1. Risks of physical injury may include, but are not limited to, muscle tears, strains, and other musculoskeletal injuries, sprains, fractures, broken bones, cardiovascular complications, high blood pressure, dehydration, dizziness, fainting, head injuries, concussions or concussion symptoms, and PTSD. 

4.2. There is also a risk of exposure to and contraction of COVID-19 or other communicable diseases passed on via other participants and the use of shared space, surfaces, or Equipment. 

4.3. If you are pregnant or post-natal, as with any physical activity, there are additional risks to the health of your fetus and your body, including but not limited to pregnancy loss, low birth weight, early delivery, and postpartum complications. 

4.4. The risks associated with Cold Therapy and Ice Baths are drowning, hypothermia, frostbite, heart arrhythmias, and heart attack. Cold-water immersion narrows your blood vessels, increasing your heart rate and blood pressure. In Cold Therapy, these reactions can be severe because the entire body is submerged. If you have any medical condition such as heart disease, high blood pressure, or diabetes, please consult your medical professional, as taking a cold plunge can have negative and potentially dangerous effects.

4.5. Participating in the Activities online poses risks, as no in-person supervision or space is provided. You will, therefore, need to ensure the safety of the Activities by using your judgment on how to best practice them, not pushing yourself too far, and not attempting anything you feel unsure how to perform.

4.6. If the Activities are being performed outdoors, there are additional risks such as tripping or collision with human or natural elements, sun exposure, dehydration, insects, exposure to infections, diseases, pollutants, and other environmental factors. You understand and agree that it is your responsibility to ensure a safe space and environment to perform the Activities.

4.7. Risks from diet change, supplements, and detoxes. Whenever you put something new into your body, there is a risk. Here, we list some relatively common and some uncommon but very serious inherent risks.

4.7.1. Relatively Common Risks. While many people experience no side effects when changing their diet, taking new supplements, or detoxing, others do. Some relatively common risks and side effects include headaches, diarrhea, loose stool, stomach/gut pain or inflammation, vomiting, exhaustion, sleep issues, and over-supplementation or improper supplementation of nutrients. 

4.7.2. Allergies. You may have a previously unknown allergy to a new food or supplement. Specific symptoms and side effects of allergic reactions can be unpredictable and can range from mild discomfort and nausea to fever and rash, to hospitalization and death. It is simply impossible to list every risk of an allergic reaction. Therefore, if you have strong allergic reactions, please be aware of the ingredients of anything we recommend and consult your doctor or other medical professional as necessary.

4.7.3. Pre-existing Medical Conditions. As with allergies, we cannot list every possible medical condition and the associated risks. However, if you have any liver or kidney conditions or diseases, type 1 diabetes, or if you are pregnant or breastfeeding, we do not recommend detoxing and suggest you be very careful about diet changes or starting new supplements. Additionally, if you have had a stroke, heart or circulation issues, gallbladder problems (or removal), blood clots, or have had your stomach stapled, you should be extra cautious and consider talking to your doctor before commencing any change in your diet, supplements, or detoxing.

4.7.4. Interaction with Pharmaceuticals. If you are taking pharmaceuticals, you should be aware that they can be counteracted, enhanced, or otherwise affected by the food and supplements you take. Some particular pharmaceuticals of concern include blood thinners, blood pressure medication, and heart medications, but there are many more. If you are uncertain how any food or supplement will interact with a pharmaceutical you are taking, we suggest you discuss this with your pharmacist or doctor beforehand.

4.8. We would like to emphasize that your release of our liability is not limited in any way to these risks. The risks listed above are only examples. To be completely clear, you are agreeing not to sue us at all.

1. Consent to emergency care. Should any emergency arise during an in-person session, Omni Yoga will always make every effort to contact parents/guardians or the nominated emergency contact person. If this is not possible, you authorize Omni Yoga to take the necessary steps to get emergency medical attention. Omni Yoga will not be liable for any medical costs incurred by any student. 
2. Affirmation of Health. By participating in any Activities with Omni Yoga, you affirm that you have sought medical advice regarding your fitness or are certain of your ability to engage in the Activities. If you have any pre-existing medical conditions (e.g., asthma,      diabetes, heart disease), physical injuries, weakness, or are pregnant,      post-natal, or post-surgery, you should consult with your doctor first before engaging in the Activities. Please communicate and inform us IMMEDIATELY if at any point you do not feel well during the Activities.      
3. Voluntary Assumption of Risk. You certify that you have read this Waiver and understand the risks of participating in the Activities with Omni Yoga. By signing this      Waiver or clicking “I Agree” (or something similar), you are showing your voluntary engagement and assumption of the risks of the Activities. 
4. Lost or Stolen Personal Items. You agree that it is solely your responsibility to safeguard your personal items. Omni Yoga is in no way responsible for any personal property damaged, lost, or stolen before, during, or after your participation in the Activities.
   
    
5. Alcohol and Prohibited Substances. You are strictly forbidden from participating in the Activities while under the influence of alcohol or any other substances that may alter your perception or ability to be present,      focused, and aware of your body’s pain threshold.
6. Release, Waiver, and Indemnity. You hereby release, hold harmless, indemnify and waive any claims against Omni Yoga LLC and its members, owners, directors, officers,      contractors, employees, affiliates, volunteers, associates, landlords,      agents, executors, administrators, successors, family members and assigns      (the “Released Parties”) with respect to any and all liability and damages incurred during, or in any way associated with, your participation in the Activities with Omni Yoga,      however caused, including as a result of the Released Parties’ negligence, including but not limited to damage to or loss of personal property, personal injuries, death, illness,      or any cause of action related to premises liability. You are releasing the Released Parties at your own risk, and you agree to forfeit any and all forms of legal recourse that 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 this provision applies to you, your family,      heirs, executors, or anyone else who may be able to bring legal action on your behalf in the future.  
7. Continued Agreement. Your agreement to this Waiver will act as your continued agreement to all ensuing Activities and any further interactions with Omni Yoga,      whether in person, online, or via videoconferencing tool. 
8. Arbitration. Any controversy or claim arising out of or relating to this      Agreement or the breach of this Agreement shall be settled exclusively by arbitration. You also agree that should arbitration take place, it will be exclusive to the courts of the State of Washington or such other arbitrator mutually agreed upon by the parties. The arbitrator’s decision shall be final, binding on both parties, and enforceable in any court of competent jurisdiction. The losing party shall bear the costs of the arbitration. The arbitration award shall be final and binding upon the parties, and the parties hereby waive any rights to appeal or challenge the award to the extent permitted by applicable law. This arbitration clause shall survive the termination or expiration of this contract.
9. General Legal Provisions. Choice of Laws and Venue. This Waiver will be governed exclusively by the laws of the State of Washington. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the State of Washington. Severability. If any terms or 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. Online Agreement.     The parties agree that this Waiver may be signed electronically or agreed to by having you click “I Agree” (or something similar), the effect of which will be the same as signing by hand.