This CLIENT SERVICES AGREEMENT (“Agreement”) effective as of execution/signature below (the “Effective Date”) between you ______________________________, (“you”, “your”, or “Client”), on behalf of you and/or as parent/guardian with legal responsibility for the following participant/minor child/ward, and Lotus Warrior Studio, LLC, a California limited liability Studio (“we,” “us” or “Studio”), the owner and operator of the Lotus Warrior Studio and its website. This Agreement states the terms and conditions that govern your use of the Studio for yoga, fitness, martial arts, dance or movement rehearsals, classes, and workshops (the “Services”). By enrolling in Studio courses, electronically, verbally, or otherwise, and accessing and using the Services, you are indicating that you accept, and agree to comply with, this Agreement and you agree to be provided with products, programs, or Services by Studio fitness teachers (“Fitness Teacher(s)”), acting on behalf of Studio. If you do not accept this Agreement, you are not permitted to, and you must not, access or use the Services.
1. Waiver of Liability. Client is participating in online and/or in person instruction, classes or Services during which Client will receive information and instruction about physical activity, yoga, or similar activity and Client acknowledges that Services may require physical exertion, which may be strenuous and may cause physical injury, and Client is fully aware of the risks and hazards involved. Client acknowledges that it is Client’s responsibility to consult with a physician prior to and regarding participation in any physical fitness program. Client represents and warrants that Client has no medical condition that would prevent Client’s participation in physical fitness activities. Client agrees to assume full responsibility for any risks, injuries or damages, known and unknown, which Client might incur as a result of participating in online and/or in person instruction, classes or services. Client knowingly, voluntarily, and expressly waives any claims Client may have against Studio, or the Fitness Teachers for injuries or damages that Client may sustain as a result of participating in instruction or classes. Client agrees that neither the Client, their heirs, assigns or legal representatives will sue or make any other claims of any kind whatsoever against Studio, or its members for any personal injury, property damage/loss, or wrongful death, whether caused by negligence or otherwise.
2. Terms. Upon execution of this Agreement, electronically, verbally, or otherwise, the Fitness Teachers agree to provide Services. The Fitness Teachers reserve the right to substitute services equal to or comparable to the Services for Client if reasonably required by the prevailing circumstances. The Fitness Teachers reserve the right to remove Client from Studio at any time for any reason.
3. Methodology. Client agrees to be open minded to the Fitness Teacher’s methods and partake in services as proposed. Client understands that the Fitness Teachers have made no guarantees as to the outcome of the Services. Client agrees to be open, present and prepared to complete the work. Client is responsible for his/her own success and implementation of objectives met.
4. Payment and Refund Policy. Upon execution of this Agreement, Client agrees to pay to Studio the full purchase amount. Studio does not offer refunds for services purchased. Each Party hereto acknowledges that Studio will charge the credit card chosen by the Client for the amounts specified on the website. If Client selects a payment plan option, Client agrees to pay fees to Studio according to the payment schedule set forth on Studio website, or otherwise provided to Client, and the payment plan selected by Client (the “Fee”). In the event Client fails to make any of the payments within a payment plan during the time prescribed, Studio has the right to immediately disallow participation by Client until payment is made in full, including disallowing access to Services. If Client has not paid within fourteen (14) days, Studio has the right to terminate Agreement.
5. Disclaimers. By participating in the Services, Client acknowledges that the Fitness Teachers are not medical doctors or psychologists and his or her services do not replace the care of other professionals. Services, including Yoga and meditation, are in no way to be construed or substituted as psychological counseling or any other type of therapy or advice. The Fitness Teachers may provide the Client with information relating to products that the Fitness Teachers believe might benefit the Client, but such information is not to be taken as an endorsement or recommendation. The Fitness Teachers may make dietary and/or lifestyle suggestions, but these are wholly the Client’s responsibility and choice on whether to implement such changes. The Fitness Teachers are not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or instruction provided. Use of Services is at Client’s own risk.
The Fitness Teachers may provide Client with third-party recommendations for such services as health, physical therapy, lifestyle, or other related services. Client agrees that these are only recommendations, and the Fitness Teachers will not be held liable for the services provided by any third-party to the Client. The Fitness Teachers are not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.
Any testimonials or examples shown through the Studio website, programs, and/or Services are only examples of what may be possible for Client. There can be no assurance as to any particular outcome based on the use of the Fitness Teachers’ programs and/or services. Client acknowledges that the Fitness Teachers have not and do not make any representations as to the future result that may be derived as a consequence of use of the Studio website, programs, products or services.
6. Waiver and Release of Liability. In consideration of the risk of injury while participating in Services (whether joining online classes or in-person) and as consideration for the right to participate in the Services, Client hereby, for him or herself, his or her heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of your participation in the Services, and do hereby release and forever discharge Studio and its affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that Client may suffer as a direct result of Client’s participation in the aforementioned Services.
CLIENT IS VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED SERVICES AND IS PARTICIPATING IN THE SERVICES ENTIRELY AT THEIR OWN RISK. CLIENT IS AWARE OF THE RISKS ASSOCIATED PARTICIPATING IN THE SERVICES, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. CLIENT UNDERSTANDS THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM THEIR OWN OR OTHERS’ NEGLIGENCEN OR THE NATURE OF THE ACTIVITY. NONETHELESS, CLIENT ASSUMES ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO YOU, OF YOUR PARTICIPATION IN THE SERVICES.
7. Indemnification. Client and your heirs, assigns, personal representatives and any other next of kin hereby releases, indemnifies and holds harmless Studio, any additional affiliates including subcontractors, or any other business that may be associated with the Studio, with respect to any and all injury, disability, death, loss or damage to person or property that may arise out of connection with this business or any use of its products, services or classes. Client expressly agrees that this release is intended to be as broad and inclusive as permitted by applicable law and if a portion of this release is held invalid the balance shall remain in full force and effect.
8. Insurance. Client acknowledges that the Services may involve a test of a person’s physical and mental limits and may carry with it the potential for death, serious injury, and property loss. The risks may include, but are not limited to, those caused by facilities, temperature, lack of hydration, condition of participants, equipment, and actions of others. In the event that you should require medical care or treatment, Client agrees to be financially responsible for any costs incurred as a result of such treatment. Client is aware and understand that Client should carry his or her own health insurance.
9. Recording and Redistribution of Services. Client acknowledges that group/individual class sessions may be recorded. Client also acknowledges that the recordings may be redistributed and/or resold at a later date as part of a separate package sold by Studio.
10. Photography Release. Studio may take photographs, videos, or audio recording during the Services that Studio may use for future commercial or non-commercial purposes. Client agrees and understands that by participating in the Services, Client is consenting, on half of itself and/or his or her minor child/ward, to being recorded and photographed and to the use of Client’s likeness, writing, and voice in any media in perpetuity by Studio for whatever purpose as Studio sees fit. Client agrees that Studio may use any written statements, images, audio recordings or video recordings of Client obtained while enrolled in the Services. This includes any content Client may publish to social media accounts and online forums as well as any statements, images or recordings, captured about Client’s participation in the Services.
Client waives any right to payment, royalties or any other consideration for Studio use of such written statements, images, audio recordings and video recordings and Client waives the right to inspect or approve the finished product used by Studio. Studio is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which Client, their heirs, representatives, executors, administrators, or any other persons acting on Client’s behalf or on behalf of the Client estates have or may have by reason of this authorization.
Client hereby grants permission for Studio to take photos and/or videos of Client’s minor child/ward and/or Client for public and studio use including, but not limited to, advertising, marketing, education, etc.
11. Non-Disparagement. The parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, Studio or any of its Services, members, offerings, programs, affiliates, subsidiaries, employees, agents or representatives.
12. Disclaimer of Warranties. The Services provided to the Client by the Fitness Teachers under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory, including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.
13. Limitation of Liability. By using Studio services and purchasing Services, Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. Client agrees that Studio and the Fitness Teachers will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Services. Client agrees that use of the Services is at Client’s own risk.
14. Dispute Resolution. The parties agree to mediate any controversy or dispute arising out of or related to or based upon this Agreement or any of the terms, provisions, or conditions of this Agreement before resorting to arbitration or court action. If the parties cannot agree on a mediator, then the dispute shall be submitted by the parties to mediation and conducted in conformity with and subject to the applicable mediation rules and procedures of ADR Services, Inc. (or any successor thereto). A request for mediation conducted by ADR Services, Inc., shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the mediation. The costs of the mediation, including the mediator’s fees, shall be borne equally by the parties to the mediation. If the matter does not resolve following the mediation and proceeds to arbitration, the costs of the mediation may be submitted to the arbitrator for allocation in connection with a final award. A party who fails to comply with the requirement to mediate in this paragraph shall not be entitled to recover attorney’s fees even if they would otherwise be available to that party in any such arbitration or court action.
15. Accident Reports. If Client or any person is injured or dies, or if any property is damaged, Client agrees to promptly notify Studio of the incident, and will file all necessary accident reports, including those required by law and those required by applicable insurers. Client will cooperate fully with Studio and all insurers in the investigation and defense of any claims.
16. Remedies. Client acknowledges that money damages might not be a sufficient remedy for any breach or threatened breach of this Agreement. Therefore, in addition to all other remedies available at law (which neither Party waives by the exercise of any rights hereunder), Studio shall be entitled to seek specific performance and injunctive and other equitable relief as a remedy for any such breach or threatened breach. No right or remedy conferred upon or reserved to Studio or me by this Agreement is intended to be, nor shall be deemed, exclusive of any other right or remedy herein or by law or equity provided or permitted.
17. Governing Law, Jurisdiction, and Venue. All questions with respect to the construction of this Agreement, and the rights and liabilities of the parties hereto, will be governed by the laws of the State of California without regard to conflicts of laws principles that would result in the application of the laws of any other jurisdiction. In the event of the commencement of formal legal proceedings, each party knowingly and voluntarily submits and consents to the exercise of personal jurisdiction over such party with venue and trial exclusively to be commenced and to remain in a California state court in the County of Los Angeles, California; the doctrine of forum non conveniens does not apply to this Agreement.
18. Attorneys’ Fees. In the event that any dispute between Studio and Client should result in litigation or arbitration, the prevailing party in such dispute shall be entitled to recover from the other party all reasonable fees, costs, and expenses of enforcing any right of the prevailing party, including without limitation, reasonable attorneys’ fees and expenses.
19. Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
20. Entire Agreement. This Agreement constitutes the sole and entire agreement between the Parties with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. This Agreement may only be amended, modified, or supplemented by an agreement in writing signed by each party hereto.
CLIENT ACKNOWLEDGES THAT HE OR SHE HAS CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. CLIENT EXPRESSLY AGREES TO RELEASE AND DISCHARGE STUDIO AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND CLIENT AGREES TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT CLIENT OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST STUDIO FOR PERSONAL INJURY OR PROPERTY DAMAGE.
In the event that the participant is under the age of consent (18 years of age), then this release must be signed by a parent or guardian, as follows:
I hereby certify that I am the parent or guardian of and do hereby give my consent without reservation to the foregoing on behalf of this individual.
LOTUS WARRIOR STUDIO, LLC
DISCLAIMER AND RELEASE OF LIABILITY, AND WAIVER,
FOR COMMUNICABLE DISEASES INCLUDING COVID-19.
In consideration of being allowed to participate in the yoga, fitness, martial arts, dance or movement rehearsals, classes, and workshops (the “Services”) and any and all other sanctioned activities and events of LOTUS WARRIOR STUDIO, LLC.(“Studio”) the undersigned acknowledges, appreciates, and agrees that:
1. ACKNOWLEDGEMENT OF EXPOSURE RISK. While Studio considers the health and safety of all those participating in its programs to be a top priority, Studio cannot guarantee that I will not be unknowingly exposed to the novel coronavirus (COVID-19) or other illness as a result of preparing for or participating in any Studio Services and/or programs.
2. RISK TO PARTICIPANTS: I acknowledge that Studio cannot prevent students, clients or teachers or my spouse, children, guests, or me (collectively, “Participants”) from becoming exposed to, contracting or spreading COVID-19 or any other illness while at a Service and/or program of Studio. Participation in such activities inherently includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. Any in-person interaction at any Studio Services or programs, or with any other Participants may increase my risk of contracting or spreading COVID-19 or another illness.
3. COMPLIANCE WITH TERMS: I willingly agree to comply with the stated and customary terms and conditions for participation in such activities as regards to protection against infectious diseases. If, however, I observe any unusual or significant hazard during my presence or participation, I will remove myself and/or my minor child/ward from participation and bring such to the attention of the nearest Studio official immediately. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist. If my spouse, child/ward, guests, or I am experiencing symptoms known to be caused by or associated with COVID-19 (such as fever, chills, loss of sense of smell or taste, sore throat, shortness of breath, or muscle aches and pains), I am solely responsible to take measures to prevent and/or mitigate risks associated with communicating any illness or disease to others; up to and including cancelling participation or involvement in Studio Services or programs while ill with COVID-19 and or experiencing of symptoms associated with COVID-19.
4. ASSUMPTION OF RISK: I have read and understood the warning set forth above concerning COVID-19. I KNOWINGLY AND FREELY ASSUME ALL SUCH INHERENT RISKS, both known and unknown, EVEN IF ARISING FROM THE ACTIVE OR PASSIVE NEGLIGENCE OF THE RELEASEES, as defined below, or others, and I ASSUME FULL RESPONSIBILITY FOR MY AND MY CHILD/WARD’S PARTICIPATION. I hereby choose to accept the risks associated with COVID-19 or other illness for myself and, to the extent applicable, for my spouse, partners, child/ward, and guests, as an inherent part of utilizing and participating in Studio’s Services or premises. Participating in Studio Services is of such value to me that I accept the risk of being exposed to, contracting and/or spreading COVID-19 or any other illness in order to utilize Studio’s Services in person.
5. WAIVER OF LIABILITY: I hereby acknowledge and agree that Studio does not assume any liability as to my actual or potential exposure to COVID-19 or other illness. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, HOLD HARMLESS and waive all claims and rights against Studio and its respective members, officers, directors, employees, contractors, agents, representatives, participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct any program or event (the “Releasees”) with respect to any and all illness, disability, death, or loss or damage to person or property, whether arising from the active or passive negligence of Releasees or otherwise in connection with exposure, infection and/or spread of COVID-19 or any other illness, to the fullest extent permitted by law, related to utilizing Studio’s Services or premises. I understand that this release and waiver means that I give up my right to bring any claims (including, but not limited to, for personal injuries, death, disease, property losses or any other loss) that may be released and/or waived under applicable law, including, but not limited to, claims of negligence on the part of the Releasees. I also understand that this release and waiver prevents me from seeking damages in any way or in any form against any of the Releasees, whether such damages are known or unknown, foreseen or unforeseen, or that occur now or in the future. I specifically give up my right to initiate suit against Studio, or any of the Participants, for any matter contemplated by this release and waiver. I also intend this release and waiver to apply, to extent permitted under applicable law, to any claims that my spouse, partners, children, or guests could assert related to the subject matter of this release. I hereby waive any and all rights under section 1542 of the California Civil Code, which provides as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
6. CHOICE OF LAW: I understand and agree that the law of the State of California will apply to this release and waiver. If anything in this release and waiver is held unenforceable, I agree that those limited parts held unenforceable shall be severed and the remaining provisions shall remain in full force and effect.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
FOR STUDIO PARTICIPANTS UNDER THE AGE 18 AT THE TIME OF REGISTRATION:
This is to certify that I, as parent/guardian, with legal responsibility for this participant, have read and explained the provisions in this waiver/release to my child/ward including the risks of presence and participation and his/her personal responsibilities for adhering to the rules and regulations for protection against communicable diseases. Furthermore, on behalf of my child/ward, he/she understand and accept these risks and responsibilities. I have read and understood the warning set forth above concerning COVID-19. I KNOWINGLY AND FREELY ASSUME ALL SUCH INHERENT RISKS, both known and unknown, EVEN IF ARISING FROM THE ACTIVE OR PASSIVE NEGLIGENCE OF THE RELEASEES, as defined above, or others, and I ASSUME FULL RESPONSIBILITY FOR MY CHILD/WARD’S PARTICIPATION. I, for my child/ward, do consent and agree to his/her release as provided above for all the Releasees and my child/ward does release and agree to indemnify and hold harmless the Releasees for any and all liabilities incident to my minor child’s/ward’s presence or participation in these activities as provided above, even if arising from their negligence to the fullest extent provided by law.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS FOR MY CHILD/WARD BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
The signed waiver/release shall be kept by Studio for 7 years, longer if the Client has contracted a serious illness.