Liability Waiver

Welcome! Before participating in Michele 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 Michele 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 Florida or in your place of residence, your legal guardian must also sign this Waiver on your behalf.

1. Parties. We are Michele Yoga & Wellness LLC, a Limited Liability Company based in the State of Florida. In this Waiver, we will refer to ourselves as “Michele 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 Michele Yoga, you may participate, in person or online, in Progressive Alignment Yoga classes, sessions, events, workshops and more, all of which may involve but are not limited to the following (“Activities”):
      2.1 Stretching and flexibility training in the form of poses, body weight and strength exercises, breath work,
   meditation, and relaxation.
      2.2. The Activities may involve physical contact in the form of adjustments or tactile cues from instructors.
   Please let us know in advance if you prefer no physical contact.
      2.3. The Activities also apply to any classes made available for online streaming and participation, both live or
   recorded, or that take place outside of Michele Yoga’s facilities, including outdoors. You agree that you are responsible for the safe facilitation of the Activities happening outside our facilities.
3. 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, and massage balls (the “Equipment”). Please do not use any equipment not instructed by Michele 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, 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.
4. Inherent Risks. You understand that participation in the Activities may pose inherent risks, some 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. Participating in the Activities online poses risks, as there is no in-person supervision or space 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.
      4.5. 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.
      4.6. 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.
5. Home Studio. In-person classes at Michele Yoga are operated from a private home environment. Accessing a private home includes the potential of uneven paving and/or paths, steps without railings, an unenclosed swimming pool and/or hot tub, plants that may cause allergic reactions and insects associated with those plants, including bees, and the potential of encountering pets that may be unpredictable and may also cause allergic reactions. These are all risks you should be aware of, and you agree to release Michele Yoga from any liability associated with these risks.
6. Affirmation of Health. By participating in any Activities with Michele 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.
7. Consent to Emergency Care. While Michele Yoga will always make every effort to contact parents/guardians or the nominated emergency contact person. If this is not possible, you authorize Michele Yoga to take the necessary steps to get emergency medical attention. Michele Yoga will not be liable for any medical costs incurred.
8. Voluntary Assumption of Risk. You certify that you have read this Waiver and understand the risks of participating in the Activities with Michele 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.
9. Lost or Stolen Personal Items. You agree that it is solely your responsibility to safeguard your personal items, and Michele Yoga is in no way responsible for any of your personal property that is damaged, lost, or stolen before, during, or after your participation in the Activities.
10. 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.
11. Digital Protection & Cybersecurity. You acknowledge and accept the potential risks associated with our use of digital platforms, electronic communications, and data storage. While we take reasonable measures to protect your personal information and ensure cybersecurity, we cannot guarantee absolute security. You agree to release us from any liability for any indirect, incidental, consequential, or punitive damages or losses arising from unauthorized access, data breaches, cyber or malware attacks, or other digital security incidents. Please consult
    our Privacy Policy.
12. Release, Waiver and Indemnity. You hereby release, hold harmless, indemnify and waive any claims against Michele Yoga & Wellness 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 Michele 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.
13. Continued Agreement. Agreement to this Waiver will act as your continued agreement to all ensuing Activities and any further interactions with Michele Yoga, whether in person, online, or via video conferencing tool.
14. Arbitration. Any controversy or claim arising out of or relating to this Agreement shall be settled exclusively by binding arbitration conducted in the State of Florida or through such other arbitrator as mutually agreed upon by the parties. The arbitrator’s decision shall be final and enforceable in any court of competent jurisdiction. The losing party shall bear the costs of 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.
15.  General Legal Provisions. This Waiver will be governed exclusively by the laws of the State of Florida. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the State of Florida. 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.