Waiver, Release of Liability and Photo Release

In consideration of being allowed to participate in the personal fitness training activities including but not limited to yoga at  “Fly Yoga Studio” (including Fly Studio LLC,  and each of their parents, subsidiaries, successors or assigns, referred to as the “Company”) and to use its facilities, equipment and services, in addition to the payment of any fee or charge, I do hereby forever waive, release and discharge the Company and each of their officers, agents, members, managers, employees, representatives and all others acting on their behalf, from any and all claims or liabilities for injuries or damages to my person and/or property, including those caused by the negligent act or omission of any of those mentioned or others acting on their behalf, arising out of or connected with my participation in any activities, programs or services of the Company or the use of any equipment provided by and/or recommended by the Company.

I have been informed of, understand and am aware that strength, flexibility and aerobic exercise, including the use of equipment, is a potentially hazardous activity. I also have been informed of, understand and am aware that fitness activities involve a risk of injury, including a risk of death or serious disability, and that I am voluntarily participating in these activities and using equipment and machinery with full knowledge, understanding and appreciation of the dangers involved. I hereby agree to expressly assume and accept any and all risks of injury or damages, known or unknown, which I might incur as a result of my participation and/or use of equipment.

I declare myself to be physically sound and suffering from no condition, impairment, disease, infirmity or other illness that would prevent my participation in these activities or use of equipment or machinery. I acknowledge that I have been informed of the need or a physician’s approval for my participation in the exercise activities, programs and use of exercise equipment. I acknowledge that it has been recommended that I have a yearly or more frequent physical examination and consultation with my physician as to physical activity, exercise and use of exercise equipment. I acknowledge that either I have a had a physical examination and have been given my physician’s permission to participate or I have voluntarily decided to participate in the exercise activities, programs and use of equipment without the approval of my physician and do hereby assume all responsibility for my participation in said activities, programs and use of equipment.

The novel coronavirus, Covid-19 and its variants (“Covid-19”), has been declared a worldwide pandemic by the Centers for Disease Control and Prevention. Covid-19 is extremely contagious. The Company has taken preventative measures to reduce the spread of Covid-19; however, the Company can make no assurances that you will not become infected with Covid-19. I specifically waive any and all claims and assume any risks associated with the potential contraction of Covid-19 as a result of my continued participation in the personal fitness training activities with the Company.

I understand that the Company’s provision and/or maintenance of an exercise/fitness program for me does not constitute acknowledgement, representation or indication of my physiological well-being or a medical opinion relating thereto. I agree to comply with all rules imposed by the Company regarding the use of the facilities and equipment which include any and all rules or procedures implemented in order to mitigate risk of the spread of Covid-19 to other patrons or the Company’s staff.  I understand that my inability or unwillingness to comply with any of those rules or procedures can result in my being disallowed to participate in the personal fitness activities or to be present on the premises, in the sole discretion of the Company and their staff.  I agree to conduct myself in a controlled and reasonable manner at all times, and to refrain from using any equipment in a manner inconsistent with its intended design and purpose.

I hereby irrevocably consent to and authorize the reproduction, publication, and any other use by the Company, its representatives and employees the right to take photographs/audio/video of me and my property for any lawful purpose, including illustration promotion, advertising, social media, or web content without any royalty or compensation. I hereby irrevocably assign to the Company any and all rights of ownership to the photographs/audio/video, the transparencies or digital files thereof, and agree that the Company has full right of lawful disposition in any manner. I waive the right to notice, inspection, or approval of any use of the photographs/audio/video.

I further expressly agree that the foregoing Waiver, Release Of Liability, and Photo Release is intended to be as broad and inclusive as permitted by the law of the jurisdiction of my participation and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

I have read the above release, waiver of liability and photo release and fully understand its contents. I voluntarily agree to the terms and conditions stated above.