TERMS OF USE, WAIVER OF LIABILITY AND RELEASE OF CLAIMS
ENERGY YOGA & WELLNESS CENTER LLC is a Florida Corporation is pleased to offer certain wellness programs and yoga instructional courses (collectively, the "Activities") for the general public, both in person and online. In order to take any of said wellness program or yoga courses, the Company hereby requires that you sign this Waiver of Liability and Release of Claims ("Waiver and Release").
I am voluntarily participating in the Company's Activities and understand that, through such participation, I am subjecting myself to a potential risk of personal injury. I further understand that in order to minimize such risk I should consider obtaining a complete physical examination by a licensed medical physician before engaging in any of the Activities and at least annually thereafter. I understand that I am being asked to sign this Waiver and Release in order to help ensure my personal safety as well as the safety of other participants in the Activities.
I represent that I am in good physical condition and have no disability, impairment or ailment preventing me from engaging in the Activities, or that will be detrimental to my health, safety, comfort or physical condition if I do engage in any of the Activities. I further agree to promptly notify the Company of any change in my physical condition which may preclude me from safely engaging in any of the Activities. Neither Energy Yoga & Wellness LLC, nor their respective officers, employees, agents, managers or affiliates, as the case may be (collectively, the "Released Persons") shall be liable for claims, demands, injuries, costs, losses, damages, or actions of any kind arising out of or in connection with my participation in the Activities.
I alone assume full responsibility for any risk of bodily injury, death or property damage arising out of my participation in the Activities in person or online classes and I hereby release and hold harmless all Released Persons from all claims which may be brought against them by me or on my behalf for any such injuries or claims aforesaid including, but not limited to, reasonable attorneys' fees and costs, that they may incur due to my participation in the Activities, whether or not caused by the negligence or gross negligence of the Released Persons or others engaged in the Activities. The Released Persons shall also not be liable to me for any loss, damage, or theft of any property of any kind while I am participating in the Activities. I hereby consent to the use of my name, photograph, voice, video recording, and/or other likeness, by the Releasees for any promotional, literature and advertising purposes without compensation due or owing to me.
Intellectual Property Rights:
We own and retain all rights, title, and interest in and to the Course, the Course Content, the Course Website, and any other materials or information that we provide or make available to you in connection with the Course, including but not limited to all trademarks, logos, trade names, designs, graphics, images, text, audio, video, software, code, data, and any other intellectual property rights ("Our Materials"). Our Materials are protected by applicable laws and international treaties.
We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Course Content for your personal, non-commercial, educational purposes only, in accordance with this Agreement and any other instructions or guidelines that we may provide to you. You may not copy, reproduce, distribute, display, perform, modify, create derivative works from, sell, or otherwise exploit any of Our Materials without our prior written consent. You may not use any of Our Materials for any illegal, unethical, or harmful purpose, or in any manner that violates or infringes the rights of any third party.
You agree to respect and comply with all applicable laws and regulations regarding intellectual property rights, and to acknowledge and attribute us as the source and owner of Our Materials whenever you use or refer to them. You also agree to notify us immediately if you become aware of any unauthorized use or infringement of Our Materials by yourself or any third party.
I HEREBY ACKNOWLEDGE THAT I HAVE READ, UNDERSTAND AND AGREE TO THIS TERMS OF USE AGREEMENT, WAIVER OF LIABILITY AND RELEASE OF CLAIMS.