This agreement is made between Namakind (‘Provider’) ABN 79160228056 the ‘the Client’.
I (the ‘Client’), hereby agree to the following as a condition of my participation in services delivered by the Provider
If at any time during a class, you feel discomfort or strain, gently come out of the posture. You may rest at any time during the class. It is important in yoga that you listen to your body, and respect its limits on any given day. I understand that yoga 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 or disabling, 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 will continue to breathe smoothly. I assume full responsibility for any and all damages, which may incur through participation.
I understand that Yoga is not a substitute for medical attention, examination, diagnosis or treatment. Yoga 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, if required. 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 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 Melissa van Deventer and all related facilities and premises for any personal injury or negligence. Additionally, the facility, instructor and Melissa van Deventer are not in any way responsible for any loss or damage of your personal property.
Those under 18 years of age must have written permission by a parent or guardian.
- I agree to abide by the rules of Namakind. I am responsible for any damage to the equipment which I may cause due to negligence.
- I HEREBY WAIVE AND RELEASE, indemnify, hold harmless and forever discharge Namakind, and its agents, employees, officers, directors, affiliates, successors and assigns, coaches, teachers and trustees of and from any and all claims, demands, debts, contracts, expenses, cause of action, lawsuits, damages, and liabilities, of every kind of nature, whether known or unknown, in law or equity, that I ever had or may have, arising from or in any way related to my participation in any of the events or activities conducted by, on the premises, of, or for the benefit of, Namakind, provided that this waive of liability does not apply to any acts of gross negligence, or intentional, wilful or wanton misconduct.
- I understand that the activities, in which I will participate, are inherently dangerous and may cause serious or grievous injuries, including bodily injury, damage to personal property and/or death. On behalf of myself, my heirs, assigns, administrators, executors and next of kin, I waive all claims of damage, injuries and death sustained to me or my property, that I may have against the aforementioned release party to such activities, including claims in tort, contract, equity or otherwise.
- I acknowledge, agree and represent that I understand the nature of Namakind, I AM IN GOOD HEALTH and in PROPER PHYSICAL CONDITION to participate in such activities. I further agree and warrant that if at any time I believe conditions to be unsafe, I will IMMEDIATELY DISCONTINUE further participation in the activity.
- By this Waiver, I assume any risk, and take full responsibility and waive and of personal injury; death, damage, or loss of personal property, associated with Namakind, including but not limited to using the facility and its equipment in any manner, form or fashion, and participating and/or engaging in any yoga, meditation or wellbeing classes, event or other related activities on and off the premises.
- This WAIVER AND RELEASE contain the entire agreement between parties, and supersedes any prior written or oral agreements between them concerning the subject matter of this WAIVER AND RELEASE. The provisions of this WAIVER AND RELEASE may be waived, altered, amended or repealed, in whole or in part, only upon the prior written consent of all parties.
- The provision of this WAIVER AND RELEASE will continue in full force and effect even after the termination of the activities conducted by, on the premises of, or for the benefit of Namakind, whether by agreement, by operation of law, or otherwise.
- I have read, understood and fully agree to the term of this WAIVER AND RELEASE. I understand and confirm that by booking any class, workshop or offering and agreeing to this WAIVER AND RELEASE I have given up considerable future legal rights.