I hereby enter into the following agreement with OHI, LLC d.b.a. OHI, and The Open Hand Institute, and Training with Nydia: Yoga Therapy & Fitness Rehabilitation, LLC d.b.a. Nydia’s Yoga Therapy including its owners, members, partners, agents, employees, independent contractors, insurers, and associates (collectively, “OHI & NYT”), as a condition of purchasing and using OHI’s & NYT’s educational and instructional services, including the use of facilities in connection with those services that may or may not be owned, leased, operated, or otherwise controlled by OHI & NYT (a “Studio,” the premises of which shall be known as the “Studio’s Premises”).
- I acknowledge and fully understand that OHI & NYT will endeavor to provide the most effective principles to help achieve my fitness, educational, professional, and/or personal goals, but cannot guarantee that any products, programs, methods, workouts, or routines will be safe, effective or suitable for everyone. All such products and services, programs, techniques and materials embodied in such products and services are offered without warranties or guarantees of any kind, expressed or implied, including, but not limited to, warranties of safety or fitness for any particular purpose. Further, OHI & NYT make no representations of any kind that a Studio’s Premises and/or any of the Studio’s equipment is safe for use or otherwise suitable for any commercial purpose, and OHI & NYT expressly disclaim any representation or warranty, express or implied, related to a Studio’s Premises or a Studio’s equipment.
- I acknowledge and fully understand that as part of OHI’s & NYT’s educational and instructional services, I will be required to engage in physical fitness and exercise activities. I acknowledge and fully understand that any fitness or exercise activities, and the use of training and fitness equipment and machinery—including those provided by OHI & NYT—involve risks of serious injury, permanent disability, or death, even if done correctly and with the utmost attention to safety, and which may be caused by me or another person. These risks exist regardless of whether I engage in said activities or use said equipment or machinery on or off a Studio’s Premises, and regardless of whether I perform these activities on my own, with another person or persons, or under OHI’s &/or NYT’s supervision. These risks include, but are not limited to, fainting; broken bones; strained or torn muscles; torn or strained ligaments, tendons, and other connective tissues; herniated discs and other spinal injuries; cardiovascular or cerebrovascular events, including heart attack or stroke; miscarriage or other pregnancy complications; conditions related to overexertion, including heat stroke/exhaustion or rhabdomyolysis; or damage to the nervous system, including irreversible damage to the brain or spinal cord and mental injuries. I further acknowledge and fully understand that participation in any fitness or exercise activities could aggravate a pre-existing condition, whether known or unknown, and that there may be other risks associated with my participation in fitness or exercise activities that are not known or not reasonably foreseeable at this time. I hereby acknowledge and accept the foregoing risks and dangers and I assume the risk of injury or death as a result of any involvement with OHI & NYT, its programs, premises, and services. Acknowledging these risks, I hereby waive, release, and discharge OHI & NYT from any and all claims, demands, rights, causes of action, and liability from death, injuries or damages arising from, or in any way connected with, OHI’s & NYT’s educational and instructional services or the use of any OHI & NYT Studio (including the use of any equipment or machinery provided by OHI & NYT), including during any rest periods or breaks during the course of the services or any fitness or exercise activities. Acknowledging these risks, I hereby waive any and all claims, including but not limited to those arising in negligence, related to the actions, representations, or omissions of OHI & NYT, anyone acting on OHI’s & NYT’s behalf, or anyone using a Studio, whether related to OHI’s & NYT’s educational and instructional services or not.
- I acknowledge and fully understand that a Studio’s Premises, in addition to areas where educational and instructional services or fitness activities occur, may also have various amenities for the convenience of its members and guests, including, but not limited to locker rooms, bathrooms, benches/chairs, and storage units. I hereby waive, release, and discharge OHI & NYT from any and all claims, demands, rights, causes of action, and liability from injuries, death, or damages arising from, or in any way connected with, the use of a Studio’s Premises (including any amenities), including any death, injuries, or damages resulting from the negligent actions, representations, or omissions of OHI & NYT relating to the Studio’s Premises. I further agree that OHI & NYT may not be held liable for any defective products owned, leased, or otherwise controlled or furnished by the Studio. Acknowledging these risks, I hereby waive, release, and discharge OHI & NYT from any claims, demands, rights, causes of action, and liability from death, injuries, or damages, including any and all claims sounding in products liability, premises liability, or in any way related to OHI’s & NYT’s representations and warranties.
- I understand that a physician’s approval is highly recommended prior to participating in any type of fitness or exercise activity, and I hereby represent that I have either obtained a signed approval from my physician, or that I acknowledge the risks inherent in such activities but have voluntarily elected to engage in said activities without seeking prior approval by a physician. I represent that I do not suffer from any medical, physiological, or psychological condition that would limit or otherwise contraindicate my participation in or use of OHI’s & NYT’s services, including the exercises recommended by OHI & NYT. I agree to immediately notify OHI & NYT should I develop, be diagnosed with, or otherwise suffer any medical, physiological, or psychological condition that would limit or otherwise contraindicate my participation in or use of OHI’s & NYT’s services, including the exercises and programming recommended by OHI & NYT.
- I acknowledge and understand that OHI & NYT is not acting in these program offerings as a licensed dietitian, physician, or physical therapist, and that any products, services, information, guidelines, or advice provided by OHI & NYT shall not be construed as dietary, medical, or rehabilitative advice or as treatment for any general or particular medical or physiological condition, pathology, or disability, and that they carry no express or implied warranty of any kind, including, but not limited to, warranties regarding safety or suitability for a particular purpose.
- I hereby agree to indemnify, defend, and hold harmless OHI & NYT against any claims, liability, damages, defense costs (including attorney fees), and any other costs incurred in connection with claims for bodily injury, wrongful death, or property damage arising out of or otherwise related to OHI’s & NYT’s educational and instructional services (whether occurring on or off a Studio’s Premises); the use of a Studio’s facilities or equipment, including any and all claims of negligence resulting from the negligent acts or omissions of OHI & NYT; or any certifications, approvals, or recommendations issued by OHI & NYT (including any claims that OHI & NYT negligently certified, recommended, approved, hired, or retained me or any other person as an instructor)—all of the foregoing which includes claims brought by third parties against OHI & NYT. I agree that if I (on my own behalf or on behalf of another, including an estate) assert a claim (including a claim for negligence or wrongful death) against OHI & NYT and/or otherwise breach my agreement not to sue OHI & NYT, I will pay all reasonable fees (including attorney fees), costs, and expenses incurred by OHI & NYT to defend (1) the claim; and (2) all other claims arising out of the same facts as the claim.
- Should I bring any action against OHI & NYT in connection with my involvement with OHI & NYT or its programs, instruction, premises, services, recommendations, or any other action related to yoga teaching, instruction, or certification, I expressly waive and release any claims for damages for lost wages, pain and suffering, impairment, loss of consortium, mental anguish, special damages, or punitive damages.
- Through this agreement, I grant express permission to the free and unlimited use of my name, voice and/or picture (including video) in any broadcast, telecast, advertising, promotion or other account.
- This agreement is intended to release OHI & NYT to the fullest extent permitted under Texas law. If a court of competent jurisdiction, or any other legal authority or governmental agency, declares any provision of this agreement invalid, such invalidation shall not affect the remaining provisions of this agreement, which shall remain in full force and effect. If any sentence, clause, phrase, or term of any section of this agreement is deemed invalid, the remainder of that section shall remain in full force and effect.
- WORKSHOP and YOGA TEACHER TRAINING CANCELLATION POLICY:
Application fees for Yoga Teacher Training Programs are non-refundable. Please be certain that you are committed to the application process and potential participation in full programming. Application deposit fee will be credited towards the total fee for Yoga Teacher Training programs upon acceptance into program.
Confirmed workshop registrations are non-refundable. Registrants unable to attend a scheduled workshop will be issued a Tuition Credit Voucher (TCV) valid for one year from the date of the workshop. A refund will not be issued for absence from a live workshop. The TCV may be used to register for a future Open Hand Institute workshop. In the event that OHI must cancel a live workshop due to inclement weather, low enrollment, or other unforeseen circumstances, registrants will be notified of the cancellation by phone and email (in that order) with as much advanced notice as possible. The registrant will be offered the opportunity to re-register for a future workshop at no additional charge, or will be entitled to a full refund of the registration fee. Registrants who must travel a great distance and who may incur travel and lodging expenses are advised to call OHI to confirm the status of a workshop prior to making travel arrangements. OHI will not reimburse travel-related expenses incurred due to a cancelled workshop.
The Open Hand Institute and Nydia’s Yoga Therapy Studio reserves the right to cancel a program at any time. If the Open Hand Institute and/or Nydia’s Yoga Therapy Studio cancels a program, you will receive a full refund. Refunds that are provided per request of the participant are available (less a $50 processing fee) up to eight days before your program or stay. Nonrefundable credit toward a future Open Hand Institute program (less a $50 processing fee) is available if you give notice between seven and one day(s) before your program or stay. Credit may be applied to an Open Hand Institute program for one year following date of issue. No credit or refund is available if you cancel on the workshop start date; if you do not show up; or if you leave an event early for any reason. No refund will be available if you attend a program and are dissatisfied with its presentation or content.
I HAVE READ THIS AGREEMENT IN ITS ENTIRETY AND AGREE TO ALL OF ITS PRECEPTS. Any questions that I may have had relating to anything in this agreement have been answered to my satisfaction. This agreement is governed by the laws of the State of Texas. This document encompasses the entire agreement of the parties with respect to the subject matter identified herein, and supersedes all prior oral and written representations between the parties, if any. This agreement may be amended only by a written agreement, signed by both parties.