Dogwood Studios Liability Form

This form is signed electronically by typing your name on the electronic form or checking the box at checkout. A copy of the form is sent when you first sign up for Dogwood Studios’ Momence account for you to electronically sign. A signed copy is required to be on file at Dogwood Studios. A copy of the form can also be requested by emailing info@dogwoodstudioyoga.com. Please read the following carefully.

I hereby agree to the following:

1. I am participating in yoga classes, yoga therapy sessions, health programs, workshops and/or other wellness, body work, exercise and healing arts activities (collectively, the “Activities”) offered by Dogwood Studios, LLC. The Activities may be offered in person at the location of the Activity or offered online by videos, television, podcasts, apps or other digital media or platforms. All of such offerings, either in person or online, shall be considered “Activities.”

2. I recognize that I must be in adequate physical and mental health to participate in the Activities. I understand that the Activities may require intense physical exertion for me, and I represent and warrant that I am physically fit enough to participate, and I have no medical condition which would prevent my full participation in the Activities. I recognize that the Activities may cause or aggravate a physical injury or medical condition.
I understand that it is my responsibility to consult with a physician before my participation in the Activities. If I have done so, I have taken the physician’s advice. I understand that Dogwood Studios, LLC reserves the right to refuse my participation in any Activity on medical, fitness or any other grounds.

3. I am aware that my participation in the Activities could result in elevated blood pressure, fainting, heartbeat disorders, physical injury, heart attack or stroke and may aggravate pre-existing conditions. I understand that I could experience muscle, back, neck and other injuries as a result of my participation in the Activities. I understand my physical limitations and I am sufficiently self-aware to stop or modify my participation in any Activity before I become injured or aggravate a pre-existing injury.

4. I recognize that teachers at Dogwood Studios are closely monitoring COVID-19 recommendations from the CDC, State and local references, and have put in place reasonable, preventive measures targeted to reduce the spread of COVID-19 at In Person venues (see the website for the current measures followed and required actions, under the applicable In Person event class description). However, I understand that Dogwood Studios cannot guarantee that I will not become infected with COVID-19. Further, I understand that attending In Person yoga classes hosted by Dogwood Studios could increase my risk of contracting COVID-19. Given the nature of the virus, I understand there is an inherent risk of becoming infected with COVID-19 by coming into contact with other individuals. I understand that COVID-19 may cause additional risks, some of which may not currently be known at this time.

I acknowledge and assume the risk of becoming infected with COVID-19 by signing up to participate in In Person yoga classes or private sessions with other individuals.

5. In consideration of being permitted to participate in the Activities, I agree to assume full responsibility for any risks, injuries or damages, known or unknown, which I might incur as a result of participating in the Activities.

6. In further consideration of being permitted to participate in the Activities, I knowingly, voluntarily and expressly waive any “Claim” (as defined below) I may have against Dogwood Studios, its owners, managers, teachers, instructors, workshop presenters, employees, independent contractors and staff (each, a “Released Party”) that I may sustain as a result of participating in the Activities with Dogwood Studios. I agree to indemnify and hold harmless each Released Party from any loss, cost, or liability incurred in defending any Claim made by me or anyone making a Claim on my behalf. “Claim” includes but is not limited to any and all liabilities, claims, demands, expenses, fees, legal actions, rights of actions for damages, personal injury, mental suffering and distress, or death that I may suffer, my spouse, children or unborn child may suffer (including any legal fees or expenses) in connection with participation in any Activity.

7. I, my heirs or legal representatives forever release, waive, discharge and covenant not to sue any Released Party for any Claim caused by any act of a Released Party.

8. I understand that Dogwood Studios from time to time may photograph, video, or otherwise record classes or events occurring at Dogwood Studios. If Dogwood Studios wishes to use these images for their website, social media, emails, or other promotions, they will ask for my permission prior to publishing. The teacher will notify me, and the online class platform will ask me to provide permission, prior to recording the online class. I understand that if I turn on my camera and/or microphone during a recorded online class, either purposefully or accidentally, that others may see me and/or hear me in class and that my image and/or voice may be recorded and stored online. I understand that my recorded images and voice will be edited out of the recording, or the recording will not be used, for pre-recorded sessions offered in the video library.

9. Assists: Dogwood Studios is committed to creating a safe community. I acknowledge that the teachers will not use hands-on assists with any students without explicit consent, which means a clear communication from me that I want hands-on assistance to help me. I can say no or change my mind at any time without concern that the teacher will change their opinion or treatment of me. I understand that the teacher will not assume I wish to have hands-on assistance unless I communicate this to the teacher.

10. This agreement shall be construed in accordance with, and governed by, the laws of the State of North Carolina and that all actions, suits, claims and proceedings relating to this agreement shall be brought in a court of competent jurisdiction located in North Carolina. In case any provision of this agreement shall be held invalid, illegal or unenforceable, it shall not affect any other provision of this agreement and this agreement shall be construed as if such provision had never been contained herein.

I acknowledge that I have carefully read this agreement and fully understand its contents.

I voluntarily and knowingly agree to the terms and conditions stated herein. I am aware I am giving up substantial rights, including my right to sue and certain legal rights my heirs, next of kin, executors, administrators and assigns may have against any Released Party.

I understand that signing the emailed copy or checking the box next to the waiver indicates my acceptance of this agreement and that I can contact info@dogwoodstudioyoga.com at any time with questions I have about it.

I also acknowledge that I know where to find the policies on Dogwood Studios’ website.

Returns Policy HERE

Terms and Conditions HERE

COVID-19 Preparedness and Response Plan HERE

Last updated: 25-MAR-2022

CONTACT US

If you have any questions about this Liability Statement, please contact us at info@dogwoodstudioyoga.com