New Vibe Yoga

NEW VIBE YOGA LIABILITY WAIVER

I.   RELEASE AND WAIVER

This Release, Waiver of Liability and Covenant Not to Sue/Indemnity (the “Release”) is executed on this day of purchase by purchaser or the student attending the class (hereinafter, “Student”) in favor jointly and severally of New Vibe Yoga, Inc. and Alex Schatzberg  (hereinafter “Owner”) and the premises located at 9 Saint Mark’s Place, City of New York, County of New York, State of New York (hereinafter “the Premises”).   

Student (on behalf of itself and its agents, heirs and assignee’s), hereby and forever releases, discharges and holds harmless Owner and Owner’s respective agents, heirs, assigns, contractors, guest instructors, visiting instructors, employees, volunteers, interns, apprentices, student-instructors—whether paid or unpaid—landlords, real properties, businesses and the Premises from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected with my presence on the premises, my entry and exit from the premises (including my use of common stairwells, stairs and hallways), my participation in yoga classes and/or instruction of any nature (i.e. including but not limited to so called “led” classes; “Mysore” style classes; “self-practice” and/or “private” instruction/lessons), or any activities on the premises or related to Owner’s negligence and my use of the facilities, equipment, appliances and premises.

Student hereby and forever releases, discharges and holds harmless Owner and Owner’s respective agents, heirs, assigns, contractors, employees, real properties, businesses and the Premises from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected with the provision of services by independent 3rd-party service providers (i.e. massage therapists; acupuncturists; nutritionists; and/or guest lecturers, etc.) who may be sub-tenants of New Vibe Yoga, Inc. and Alex Schatzberg). 

Student hereby and forever releases, discharges and holds harmless Owner and Owner’s respective agents, heirs, assigns, contractors, employees, real properties, businesses and the Premises from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected with any criminal or “intentional” acts of third parties perpetrated while I am present on the premises or for Owner’s negligence. Student hereby acknowledges and agrees that Owner is not liable for loss, damage or theft of any personal items/personal property brought onto the Premises whatsoever and by whomever for whatever purpose.  

Student specifically waives any claim that I might have against Owner and Owner’s respective agents, heirs, assigns, contractors, employees, real properties, businesses and the Premises for Owner’s negligence under the “social host” laws of the State of New York, County of New York or any other State’s or county’s jurisdiction.  

Student hereby, agrees to at all times exercise a high degree of supervision and care over any minor child that Student shall bring onto the Premises. Owner does not offer any supervision or day care services of children on the Premises.   All minor children entering the Premises must at all times be accompanied by and closely supervised by an adult. Student hereby acknowledges and agrees that Owner is not responsible for any injury caused to Student and/or their minor children on the Premises by any animal owned by the Owner, any student, owner’s landlord, guests or 3rd parties.

Photographic and media release: Unless expressly reserved, Student his agents, heirs, licensees and assignees, hereby grants, worldwide rights and permission to Owner agents, heirs, assigns, contractors, employees, real properties, businesses and any transferee or licensee to photograph and/or record Student’s image, likeness and voice while on the premises and to utilize any photographs, recordings and/or other media (i.e. film/internet/audio recordings, etc.) in whatever form which may depict me for any purpose including commercial use by the Owner, Owner’s sponsors and/or licensees for an unlimited period of time. I understand and agree that I will not be compensated or receive additional consideration for consenting to the use of my Likeness and that I will not be given a chance to receive, inspect or approve the promotional or marketing material, messages and/or content that may use my Likeness   I hereby expressly waive and relinquish any moral rights or “droit morale” in and any use of my Likeness. If I do not wish to be photographed or filmed, I agree that I will expressly inform Owner of this fact in advance of undertaking any activities on the premises.

II: ASSUMPTION OF RISK

In consideration of the use of the premises, facilities and/or instructional services provided by Owner, the Student agrees as follows:

I, the Student, agree and acknowledge that I am fully aware that participation in yoga or other classes and activities at New Vibe Yoga, Inc. (hereinafter referred to as “Activity”) involve risks and I accept all the risks of participating in such activities.   I hereby agree and acknowledge that my use of the facilities, equipment, appliances and premises, and services provided by Owner involve risks such as, but not limited to, the RISK OF PROPERTY DAMAGE, BODILY INJURY, AND POSSIBLE DEATH. Student, hereby, agrees and acknowledges that he/she is in proper physical condition to participate in the Activity, and is aware that participation could, in some circumstances; result in physical injury or death. I understand my physical limitations and I am sufficiently self-aware to stop physical activity before I become ill or injured. If I am pregnant, or become pregnant, or am post-natal, my signature verifies that I am participating in the Activity, with my doctor's full approval. I hereby, acknowledge that I have, of my own free will, confidentially informed and made full disclosure to Owner of any pre-existing medical conditions, prior injuries, mental or physical condition that could compromise my ability to safely engage in activities at New Vibe Yoga, Inc. I hereby, acknowledge that Owner has no training, ability or equipment (i.e. Automated External Defibrillation (AED) devices or other equipment) available on the premises to render emergency medical assistance and that in the event that I am injured during the course and scope of my participation in activities on the premises, the sole remedy available will be City of New York emergency medical services (i.e. “911”).       

I, the Student, hereby, assume all risks seen and unseen, foreseeable and unforeseeable, that arise out of Owner’s negligence, my use of the facilities, equipment, appliances and premises, my participation in activities and instruction conducted on the premises, the acts of others and/or the unavailability of emergency medical care or equipment. I hereby, agree, to accept the premises and conditions “as is” including at the Owner’s discretion, placement of my mat in the practice room, temperature and humidity levels within the practice room and facility, etc. I understand that at various points during my participation in activities on the premises, I may be asked to move my yoga mat to different locations within the practice room in order to accommodate other students. I further understand that Owner may place flower arrangements, play music and/or burn incense, candles, wood or light the fireplace (or otherwise alter the temperature of the room) at his sole discretion at various times in order to enhance the aesthetic environment and conditions of the practice room and premises. I hereby acknowledge that no student is permitted to operate any kitchen appliance (i.e. stove) or fireplace without the express permission of Owner.   Students are not permitted to use or stand upon the external fire escapes of the premises for recreational purposes.

I hereby acknowledge that New Vibe Yoga, Inc. is a place of instruction in the practice of Asthanga Yoga and other forms of yoga—it is not a gymnasium, place of amusement or recreation— and that I am coming to New Vibe Yoga, Inc. to receive instruction in yoga and related aspects of yoga practice and philosophy from Owner and/or Owner’s respective agents, heirs, assigns, contractors, guest instructors, visiting instructors, employees, volunteers, interns, apprentices, student-instructors—whether paid or unpaid—landlords, real properties, businesses and the Premises.   I hereby expressly acknowledge that there may be times when Owner is called to temporarily depart from the practice room or premises, but that I am participating in yoga pursuant to owner’s overall instruction and guidance at all times, whether or not Owner is physically present in the practice room at any given moment of time.  

SECTION III: COVENANT NOT TO SUE AND INDEMNIFICATION

Student on behalf of itself and its agents, representatives, heirs and assignees covenants and agrees not to file any civil actions (law suit or other demand for action or relief) for Owner’s negligence or under any other theory of liability within the courts of New York or any other jurisdiction whether administrative, municipal, first instance or appellate divisions against Owner and/or Owner’s respective agents, heirs, assigns, contractors, guest instructors, visiting instructors, employees, volunteers, interns, apprentices, student-instructors—whether paid or unpaid—landlords, real properties, businesses and the Premises on account of or in conjunction with any claims, causes of action, injuries, damage, cost of expenses arising out of the activity, including those based on death, bodily injury or property damage whether or not caused by the acts, omissions or other fault of the parties being released.  Student and its agents, representatives, heirs and assignees, shall fully indemnify, hold harmless and defend (collectively “indemnify” and “indemnification”) Owner and its directors, officers, employees, agents, stockholders, affiliates, landlords, real properties and the Premises (collectively, “Indemnified Parties”) from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including but not limited to reasonable attorney’s fees and costs), whether or not involving a third party claim, which arise out of or relate to Student’s use of Premises and Owner’s negligence.  

SECTION IV: OTHER  

The Student agrees to pay for any or all classes, merchandise, sundries and membership dues, as well as to reimburse Owner for any damages to any property or indemnities caused by the Student negligently, willfully, or otherwise. The Student enters into this agreement for himself/herself, his/her heirs, assigns and legal representatives.  If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.   The Student has read and understands this agreement and realizes it relates to surrendering valuable legal rights and does so freely and voluntarily.  In Purchasing or Attending any Class, Student has executed this Release as of the day and year of payment for class.

NEW VIBE YOGA COVID-19 LIABILITY RELEASE

Covid-19 Liability Release

The Student hereby forever releases and waives their right to bring suit against New Vibe Yoga Inc. and its owners, officers, directors, managers, officials, trustees, agents, employees, or other representatives in connection with exposure, infection, and/or spread of COVID-19 related to New Vibe Yoga Inc.’s services and premises. I understand that by attending any class, or entering the premises, I give up my right to bring any claims including for personal injuries, death, disease or property losses, or any other loss, including but not limited to claims of negligence and give up any claim I may have to seek damages, whether known or unknown, foreseen or unforeseen.

In light of the ongoing spread of COVID-19, individuals who fall within any of the categories below will not attend events held at New Vibe Yoga. By attending New Vibe Yoga, you certify that you do not fall into any of the following categories:

1. Individuals who currently or within the past fourteen (14) days have experienced any symptoms associated with COVID-19, which include fever, cough, and shortness of breath among other;

2. Individuals who believe that they may have been exposed to a confirmed or suspected case of COVID-19 or have been diagnosed with COVID-19 may not attend class or our facilities within 14 days of being diagnosed.

NEW VIBE YOGA AND YOUR CONSENT

At New Vibe Yoga we take the issue of your consent seriously. The practices taught at New Vibe Yoga and the assistance provided by our instructors may involve physical contact. If at any point you prefer not to receive physical touch, for any reason, please do not hesitate to let the instructor know. They won’t be offended.

We ask that students arrive early, before the start of class, to allow time to approach the instructor privately should you not want to be touched, or should you have any special needs or conditions the instructor should be aware of before you engage in a physical activity.

Importantly, if you ever feel uncomfortable during the process of receiving assistance from an instructor, you are absolutely free to inform the instructor to stop. At New Vibe Yoga we are here to help facilitate and improve your yoga practice. To that end, we wish to stress that your participation and our instruction is always based upon your consent.