Liability and Waiver

Yoga Kaala, LLC

Yoga Liability Release and Waiver Agreement

This Release and Waiver Agreement (“Agreement”) is entered into between the undersigned participant (“Participant”) and Yoga Kaala, LLC d/b/a Avita Yoga Online (“Avita Yoga Online” or “Provider”). The purpose of this Agreement is to set forth the terms under which the Participant releases and waives certain rights and claims against the Provider in connection with participation in the Activities. This Agreement applies to participation in any capacity, including as a student, attendee, volunteer, assistant, or other role.

IMPORTANT: BY SIGNING THIS AGREEMENT YOU ARE RELEASING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO BRING CLAIMS AGAINST AVITA YOGA ONLINE FOR NEGLIGENCE. PLEASE READ CAREFULLY AND ASK QUESTIONS BEFORE SIGNING.

I hereby agree to the following:

1. Voluntary Participation. I understand that participation in the Avita Yoga Online method and approach to yoga, yoga classes, fitness programs, movement practices, wellness services, retreats, workshops, meditation sessions, and online instruction (the “Activities”) offered by Avita Yoga Online involves physical activity and other inherent risks.By choosing to participate, I acknowledge that I am voluntarily taking part in these Activities, that I am responsible for listening to my body and exercising reasonable care for my own health and safety, and that this Agreement explains the risks I am assuming and the legal rights I am agreeing to waive. I further understand that the Activities may take place in person, such as at a physical location of the Provider, on retreat, or other location, and or online on digital platforms and media.

2. Health & Fitness Acknowledgement. I represent and warrant that I am physically and mentally able to participate safely in the Activities. I understand that the Activities may be physically strenuous, require physical and mental exertion, and may involve risks for people with certain health conditions, body types, injuries, or limitations. I understand that it is my responsibility to consult with a physician or other qualified medical provider before my participation in the Activities if I have any concerns about my ability to participate safely and to follow such professional advice during my participation in the Activities.I agree that I am solely responsible for monitoring my condition during the Activities and for stopping, modifying, or seeking assistance if I experience pain, dizziness, shortness of breath, numbness, tingling, discomfort, or any other sign that I should not continue. I also understand that the Provider may refuse or discontinue my participation in any Activity at any time if Provider believes my participation may be unsafe.

3. Understanding and Acknowledgement of Risk. I understand that participation in the Activities involves inherent risk of physical injury, emotional or psychological stress, illness, or aggravation of a pre-existing condition (physical or psychological), and in rare cases, serious injury, paralysis, or death. These risks may arise from physical movement, placement or holding of my body in yoga postures or shapes, adjustments, stretching, exercise, breathwork, meditation, use of equipment or props, the condition of the premises or location, my own physical condition or limitations, my choice to exceed my personal limits, or my interpretation of instructions by Provider or its owners, employees, contractors, or instructors.I understand that, despite reasonable instruction, supervision, and care, I may suffer strains, sprains, fractures, falls, dizziness, fainting, joint injuries, back, neck, or other bodily injuries, and I knowingly and voluntarily assume all such risks arising from or related to my participation in the Activities. I also represent that I am sufficiently self-aware to stop or modify my participation in any Activity before I become injured or aggravate a pre-existing injury.I understand and acknowledge that Avita Yoga Online and its owners (including Jeff Bailey), members, managers, employees, contractors, instructors, retreat leaders, volunteers, agents, and representatives are not physicians, psychologists, psychotherapists, nurses, physical therapists, dietitians or nutritionists, licensed health care providers, or other medical professionals unless expressly stated otherwise in writing.

4. Hands-On Adjustments. I understand and agree that hands-on adjustments or physical assists may be offered in any Activity, whether or not specifically described in the applicable Activity description, and may vary depending on the instructor, class format, and the circumstances presented during the Activity. I also understand that a teacher may offer a physical adjustment if a student appears to be having difficulty with a posture or appears to be practicing in a way that may create a risk of injury. I understand that I have the right to decline touch or any hands-on adjustment at any time, for any reason, and that I must clearly notify the instructor, before or during class, if I do not want to be touched or adjusted. I understand that I should immediately notify the instructor if any adjustment is unwelcome, uncomfortable, or causes discomfort.
5. Risk of Exposure to Communicable Illness. I am aware that my participation in the Activities, regardless of location, could result in exposure to flu, COVID-19, or other bacterial or viral contagions. I understand that exposure may occur despite reasonable precautions taken by Provider, and may result in serious illness, medical complications, or, in rare cases long term illness or death, particularly for individuals with underlying health conditions or other risk factors. I am aware that, if I am over the age of 65 or have an underlying medical problem (such as but not limited to asthma, chronic kidney or lung disease, diabetes, hemoglobin disorders, immunocompromised or with significant liver disease, heart conditions, obesity or pregnancy) (collectively, “Risk Factors”), I may have an increased risk of experiencing serious medical issues, complications, or potential death if I am exposed to contagions, and that I undertake such risks voluntarily.
6. Release and Waiver of Liability. In consideration of being permitted to participate in the Activities, I, on behalf of myself and anyone who may claim through me, including my heirs, estate, and legal representatives, knowingly and voluntarily assume full responsibility for all risks of participation known or unknown, to the fullest extent permitted by Colorado law, and agree to release, waive, and discharge Yoga Kaala LLC d/b/a Avita Yoga Online and its owners, members, managers, employees, contractors, agents, instructors, retreat leaders, and representatives (the “Released Parties”) from any and all claims or causes of action, including for personal injury, illness, death, or property damage, arising out of or related to my participation in the Activities, including claims based on the ordinary negligence of any such released party.
7. Indemnification. To the fullest extent permitted by Colorado law, I agree to indemnify, defend, and hold harmless the Released Parties from and against any claims, demands, actions, damages, liabilities, losses, costs, or expenses, including reasonable attorneys’ fees (the “Claims”), arising out of or related to my participation in the Activities, including Claims brought by me or by anyone acting on my behalf, except to the extent finally determined to have resulted from the gross negligence or willful misconduct of a released party.
8. Photo and Video Release. I hereby understand that the Provider may photograph, video record, or otherwise record the Activities, whether occurring in-person or online. I consent to the use of my image, likeness, voice, comments, remarks, and appearance in such recordings for lawful business purposes, including on Provider’s website(s), social media, and promotional materials, without compensation to me.
9. Emergency Medical Authorization. If I am injured or require emergency medical attention while participating in the Activities, I authorize Avita Yoga Online to seek and obtain emergency medical care on my behalf if it is reasonably deemed necessary. I understand and agree that I am solely responsible for any and all costs incurred in connection with such care.
10. Governing Law and Venue. This agreement shall be construed in accordance with, and governed by, the laws of the State of Colorado. All actions, suits, claims and proceedings relating to this agreement shall be brought in a court of competent jurisdiction located in or closest to Boulder, Colorado.
11. Good Faith Resolution. I agree that, before filing any lawsuit or other action in a court of law arising out of or related to this Agreement or my participation in the Activities, I will first make a good faith effort to resolve the dispute directly with Provider. This good faith effort shall include providing at least 30 days’ written notice of the dispute, a reasonable opportunity for the parties to discuss and attempt to resolve the matter informally, and at least one in-person, video, or telephonic meeting (with or without representation).
12. Severability. 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.
13. Entire Agreement. I understand and agree that this Agreement, together with the Provider’s Privacy Policy, Injury Disclaimer, FAQs, and, other posted website policies, and any offering-specific terms presented at registration, booking, checkout or payment, constitute the entire agreement regarding the Activities and supersede all prior or contemporaneous discussions, communications, or understandings relating to the Activities. If there is a direct conflict between this Agreement and another applicable policy or offering-specific term, the more specific document will control as to that subject matter. No employee, instructor, contractor, or representative of the Provider is authorized to modify these Terms or related policies except in a written agreement expressly approved by Avita Yoga Online.
14. Acknowledgements. I affirm that I am at least 18 years of age, or that I am the parent/legal guardian of a minor participant and consent to their participation.I acknowledge that I have carefully read this agreement and fully understand its contents. I voluntarily and knowingly agree to its terms and understand that by signing it, I am giving up substantial rights, including my right to sue and certain legal rights my heirs, next of kin, estate and legal representatives may otherwise have against any Released Party.

I further agree that my electronic signature is intended to have the same force and effect as an original handwritten signature.