Waiver & Release
I certify that neither my child nor myself have any known medical or other conditions that could interfere with our, or each of our individual, participation in any program or activity provided by Yogi Beans LLC (“Yogi Beans”), and I understand and accept that the practice of yoga, both indoor and outdoor, involves certain risks of physical injury.
Furthermore, I acknowledge that the novel coronavirus (“COVID-19”) has been declared a worldwide pandemic by the World Health Organization. Pursuant to the guidelines provided by the Center for Disease Control and the New York State Department of Health, in accordance with the Executive Order of the Governor of the State of New York, Yogi Beans has established preventative measures and policies to reduce the risk of spread of COVID-19. However, Yogi Beans cannot guarantee that participants in any Yogi Beans program or activity will not become exposed to and infected with COVID-19, while engaging in such Yogi Beans program or activity.
Therefore, in consideration for being permitted to participate in any program or activity provided by Yogi Beans:
I acknowledge and understand the potential contagious nature of COVID-19, and voluntarily assume the risk that I and/or my child may be exposed to or infected by COVID-19 by participating in any Yogi Beans program or activity, and that such exposure or infection may result in personal injury, illness, disability, or death.
I acknowledge that the risk of direct or indirect contact by me and/or my child, with individuals who have been exposed to and/or diagnosed with one or more communicable diseases, including but not limited to COVID-19 or other medical conditions, diseases or maladies does exist and it is impossible to eliminate the risk of contact with or close proximity to an individual with a communicable disease.
I acknowledge and understand that the risk of me and/or my child becoming exposed to or infected by COVID-19 while participating in any Yogi Beans program or activity may result from the actions, omissions, or negligence of myself, my child and others, including, but not limited to, Yogi Beans employees. I acknowledge and understand that it is impossible to eliminate the risk that I and/or my child may become exposed to and infected by COVID-19 when participating in any Yogi Beans program or activity and I assume said risk.
I, individually and on behalf of my child, hereby release, discharge, and hold harmless Yogi Beans and each of its respective parent, member, subsidiary, and affiliated companies, and each of their respective officers, directors, agents, representatives, employees, contractors, successors, assignees, and licensees (hereinafter, "the Released Parties") from any and all claims, actions, damages, losses, liabilities, costs and expenses of any kind whatsoever, including but not limited to any claims of negligence, arising out of, resulting from, by reason of, or in connection with my and/or my child's participation in any Yogi Beans program or activity or from my and/or my child's exposure to or infection by COVID-19 when participating in any Yogi Beans program or activity.
I agree that I will not bring or be a party to any legal action or claim against the Released Parties, based upon or arising out of my and/or my child's participation in any Yogi Beans program or activity or my and/or my child's exposure to or infection by COVID-19 on any legal theory whatsoever (including, without limitation personal injury, negligence, rights of privacy and publicity, or defamation).
I, individually and on behalf of my child, knowingly and freely assume all risks for my myself and my child joining in and engaging in any Yogi Beans program or activity and the possibility that I, my child or other participants may be infected by COVID-19 and I agree to accept responsibility for any injury that I and/or my child may experience in connection with any Yogi Beans program or activity, including, but not limited to, personal injury, disability, illness, and death.
Yogi Beans and its agents reserve the right to take and utilize photographs, video, or any type of recording of participating children and their parents, caregivers, or anyone accompanying them to Yogi Beans while engaged in our classes or associated activities. I consent to Yogi Beans' use of any photograph, video, or recording of my child, me, or the guardian I have designated for advertising, promotional, or related purposes, and waive all rights to compensation and other rights which may arise as a result (including any rights under N.Y. Civil Rights Law 50).
I acknowledge reading each and every paragraph of this Waiver and Release and I agree that in the event of any dispute arising under or related to this Waiver, Release and Assumption of Liability, the laws of the State of New York shall apply.