Dhyana Yoga Arts

Why You’re Reading This Document

The purpose of this release and waiver (the “Waiver”) is to openly communicate the risks of practicing yoga together, either in person or online, and have you release Dhyana Yoga Arts of any liability. Please be aware that if you do not sign this Waiver and agree to its terms, we will not let you participate in our classes. 

If you are under the Age of Majority in New Jersey (18 years old), your legal guardian must also sign this Waiver on your behalf. 

PLEASE READ CAREFULLY, UNDERSTAND FULLY, AND ASK QUESTIONS IF ANYTHING IS UNCLEAR. WE ARE HERE TO SUPPORT YOU. MAKE SURE YOU UNDERSTAND THIS WAIVER.  BY SIGNING THIS YOU AGREE YOU ARE SIGNING AWAY YOUR LEGAL RIGHTS AND YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS AGREEMENT.

1. Parties. We will refer to Dhyana YogaArts LLC, a limited liability company operating in the State of New Jersey as “Dhyana Yoga Arts”, “we”, “us”, or “our” and we’ll refer to you, the undersigned (electronically or by hand) or person who has clicked “I Agree” to this Waiver, as “you” or “your”.

2. The Activities. You will be participating in yoga and exercise classes at Dhyana Yoga Arts. We offer uplifting and nurturing yoga, health programs, and exercise classes, workshops, private sessions, and trainings, including alignment-vinyasa yoga, yoga for backcare & scoliosis, alignment/hatha, yoga rope wall, restorative yoga, kids yoga, ayurveda, and other classes and trainings, all of which may involve but are not limited to the following activities (the “Activities”): 

1. Yoga poses, breathing, meditation, stability/strength work and specialized backcare work. The constant in all of these classes is that they involve stretching, performing yoga poses and may include using the yoga rope wall and other yoga props. The Activities may involve receiving physical adjustments, so please advise in advance if you do not want them. 

2. The Activities also apply to any yoga and exercise classes which are made available for online streaming and participation or that take place outside of Dhyana Yoga Arts’s facilities, including outdoors. As these classes will be taking place outside of Dhyana Yoga Arts’s facilities, we need you to acknowledge that you are responsible for the safe facilitation of the Activities. 

3. Equipment.  In the course of the Activities, you will use a variety of equipment, which may include but is not limited to: yoga rope wall, yoga blocks, bolsters, straps, mats, resistance bands, pillows, dumbbells, foam rollers, massage balls (the “Equipment”). Please do not use any equipment not instructed by Dhyana Yoga Arts.

4. Inherent Risks. You understand that participating in the Activities poses inherent risks, some more obvious/serious than others. These risks can result in serious harm and injuries that could change your quality of life and, in very rare and extreme circumstances, may even result in death. You understand that these risks are heightened if you have any back issues or other pre-existing conditions and injuries. 

1. Injuries include but are not limited to things like overstretching, muscle tears, strains and other musculoskeletal injuries, sprains, broken bones, cardiovascular complications, stroke, high blood pressure, heartbeat disorders, dehydration, dizziness and fainting. 

2. There are additional risks involved in using the yoga rope wall, including but not limited to falling and entanglement. 

3. Exposure to and contraction of COVID-19 or other communicable diseases passed on via other participants and use of shared space, surfaces, or Equipment. 

4. There are additional risks posed by participating in the Activities online, as there is no in-person supervision or space provided for you, and you will therefore need to ensure the safety of the Activities, using your judgment how to best practice them, not pushing yourself too far or attempting anything you feel unsure how to perform.

5. There may be other reasonable risks posed for Activities performed outdoors, such as sun exposure and risk of dehydration, insects, exposure to infections, diseases, pollutants as well as other environmental factors. You understand and agree that is your responsibility to ensure a safe space and environment to perform the Activities. 

5. Affirmation of Health. By participating in any Activities at Dhyana Yoga Arts, you affirm that you have sought medical advice regarding your fitness to practice yoga. If you have not sought such advice, you must be certain that your medical and fitness levels are sufficient to participate in advanced level yoga. 

1. Pre-existing Injuries / Medical Conditions. If you have any pre-existing injuries or medical conditions, especially related to your back or spinal cord, you should consult with your doctor first before engaging in the Activities and you must fully inform me about any such conditions before participation. Please communicate and inform us IMMEDIATELY if at any point you do not feel well during the Activities. 

6. COVID-19 / Infectious Disease. Amidst the current developments surrounding communicable diseases, you acknowledge that every time you participate in the Activities you are affirming that you are healthy and that you do not present an increased risk due to COVID-19 or other infectious diseases. If at any point within 14 days prior to participating in any of the Activities, you have suffered from symptoms of a communicable disease (including but not limited to fever, chills, cough, shortness of breath, or sore throat), been in close contact with someone with a known or suspected case, or else are uncertain of your health or risk of transmission, you agree not to visit our studio or take part in the Activities and you should consult with your doctor. You agree to update us regarding your health or risk factor and to comply with all measures and policies implemented by Dhyana Yoga Arts and applicable public health guidelines (federal, state/provincial, local, CDC and others) as updated, including but not limited to wearing masks, personal hygiene and social distancing (staying at least 6 feet away from all staff or participants) and taking your temperature or allowing it to be checked before entering the studio or relevant practice space. We are all in this together and it is important to follow guidelines, act responsibly and with care towards one another in order to ensure everyone’s safety!

7. Voluntary Assumption of Risk. You have read this Waiver and understand the risks of participating in the Activities with Dhyana Yoga Arts. Your signature below, electronic signature or clicking 'I Agree’, and your participation in the classes at Dhyana Yoga Arts illustrates your voluntary participation and assumption of the risks of the Activities.           

8. Release, Waiver and Indemnity. You hereby release Dhyana YogaArts LLC, and its members, contractors, employees, volunteers, agents, executors, administrators, successors, family members and assigns (the “Released Parties”) from any liability and damages arising from death or personal injuries, including the contraction of COVID-19 or other communicable diseases, however caused including as a result of Dhyana Yoga Arts’s negligence, during your participation in the Activities at Dhyana Yoga Arts. You are releasing the Released Parties at your own risk and you agree to forfeit any and all forms of legal recourse which 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 these provisions above apply to you, your family, heirs, executors or anyone else who may be able to bring a legal action on your behalf in the future. 

9. Media Release. We think you’re awesome and would love to show you off! By being a student at our studio, you agree to grant us the irrevocable right to use your image, likeness, photographs, video content, audio recordings of you captured in our studio or that you share with us online (via your own or others posting of you) as part of our online streaming, marketing and sales throughout the world and in perpetuity. You also release us from all claims you may have relating to the use mentioned in this section. Please let us know If you ever want us to stop using an image of you.

10. Continued Agreement. Agreement to this Waiver will act as your continued agreement to all ensuing classes, sessions and/or workshops whether in person, online, or via video conferencing tool. 

11. Valuables. You agree that we are not responsible for the loss or damage of any personal property you bring or leave at Dhyana Yoga Arts. 

12. Cancellation Policy. For private yoga sessions, you understand and agree that you are responsible for payment of any scheduled session that is cancelled within less than 24 hours advance written notice as per our Refund/Cancellation Policies. 

13. General Legal Provisions. Jurisdiction. This Waiver will be governed exclusively by the laws of the State of New Jersey. Severability. If any 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. Headings. The headings used in this Waiver are for stylistic purposes only and none of the content in the headings are intended to be legally binding. Online Agreement. We agree that this Agreement may be signed electronically or agreed to by having you click “I Agree”.

You agree that you have read this Waiver and fully understand its contents and voluntarily agree to be bound to all of its terms. 

Thank you for communicating honestly with us. We look forward to enjoying yoga together!