1. I am participating in yoga , pilates, barre and reformer classes, health programs, workshops and other
wellness, exercise and healing arts activities (collectively, the “Activities”)
offered by Be Earth (“Studio”) and/or its owners, instructors, teachers, workshop
presenters, employees and independent contractors.
2. I recognize that I must be in good physical and mental health to participate in
the Activities. I understand that the Activities require physical exertion, and I
represent and warrant that I am physically fit and I have no medical condition,
which would prevent my full participation in the Activities. I understand that it is
my responsibility to consult with a physician prior to and regarding my
participation in the Activities. If I have consulted a physician, I have taken the
physician’s advice. I understand that the Studio reserves the right in its absolute
discretion to refuse my participation in an Activity on medical, fitness or other
grounds.
3. I am in proper physical condition to participate in the Activities, and I am
aware that participation could, in some circumstances, result in abnormal blood
pressure, fainting, heartbeat disorders, physical injury and potentially heart
attack. I also understand that I could experience muscle, back and other injuries
during exercise. I understand my physical limitations and am sufficiently self-aware
to stop physical activity before I become ill or injured. I understand that it is my
continuing responsibility to inform the Studio of any previous medical conditions,
injuries or surgeries prior to my first class and any future changes to my medical
condition.
4. In consideration of being permitted to participate in the Activities, I agree to
assume full responsibility for any risks, injuries or damages, known or unknown,
which I might incur as a result of participating in the Activities at the Studio.
5. In further consideration of being permitted to participate in the Activities, I
knowingly, voluntarily and expressly waive any “Claim” (as defined below) I may have
against the Studio, its owners, members, employees, and/or its instructors,
teachers, volunteer staff, interns, workshop presenters, independent contractors and
the landlord of the Studio (each, a “Released Party”) for any Claim that I may
sustain as a result of participating in the Activities at the Studio even if the
Claim arises from the negligence of any Released Party or anyone else. I agree to
indemnify and hold harmless each Released Party from any loss or liability incurred
in defending any Claim made by me or anyone making a Claim on my behalf, even if the
Claim is alleged to or did result from the negligence of any Released Party or
anyone else. “Claim” includes but is not limited to any and all liabilities, claims,
demands, expenses, fees, legal actions, rights of actions for damages, personal
injury, mental suffering and distress, or death that I may suffer, my children may
suffer or that my unborn child may suffer (including any legal fees or expenses) in
connection with participation in any Activity.
6. I, my heirs or legal representatives forever release, waive, discharge and
covenant not to sue any Released Party for any Claim caused by any negligence or
other acts of a Released Party.
7. I hereby understand that the Studio from time to time may photograph or video
classes or events occurring at its studios and place such photographs and videos on
its Website. I hereby consent to the use of my image that may appear in any such
photograph or video.
8. I understand the Studio will not be responsible for any items damaged, lost or
stolen on its premises for any reason whatsoever, including but not limited to any
property left in a locker, whether locked or unlocked. I, shall be solely
responsible for taking care of my personal belongings on the premises.
9.Lockers are provided for day use at no cost and shall be emptied at the end of the
day and the Studio shall be entitled to break open any such locker which remains
unopened and/or unemptied at the end of each day and remove the contents of such
locker.
10.Lost property found on the premises will be held by the Studio for a period of
seven (7) days, after such time the Studio reserves the right to dispose of the
items in any way it sees fit, no claims shall valid after this period.
11.I declare all of the information provided by me to be correct to my knowledge and
have not withheld any information that may result in any consequences.
12.I acknowledge that the Studio may at its sole discretion amend, vary, delete or
add to these Terms and Conditions with immediate effect. Any changes will be advised
by notification on the Studio’s Notice Board.
13.This agreement shall be construed in accordance with, and governed by, the laws
of the Special Administrative Region of Hong Kong. I acknowledge that I have
carefully read this release and waiver of liability and fully understand its
contents. I voluntarily and knowingly agree to the terms and conditions stated
herein. I am aware that by signing this release and waiver of liability, I am giving
up substantial rights, including my right to sue and certain legal rights my heirs,
next of kin, executors, administrators and assigns may have against any Released
Party.