Waiver of Liability
For participation in any yoga4cancer Online Videos or Content
By clicking play on any of our classes or registering for our website y4c.com you are acknowledging that you have read and agree to the following Assumption of the Risk and Release and Waiver of Liability and Indemnification Agreement (this “Agreement”):
This is an agreement among you as a participant of our classes and user of our website and Yoga 4 Cancer, LLC and the Yoga 4 Cancer Foundation, Inc (together, “Y4C” or “we” or “us”).
This is an important legal document. Please read the following carefully and if you have any questions contact us at [firstname.lastname@example.org] before taking a class or trying any of the postures or activities described on our website.
Our yoga method is a specialized yoga method tailored to address the specific physical and emotional needs left by the cancer and cancer treatments. This unique approach matches breath and movement to stimulate the immune system, improve flexibility & strength, reduce anxiety and boost overall well-being. The approach goes beyond the gentle and restorative yoga that are commonly offered in wellness cancer centers as the only yoga illness interventions. Our method is also gentle and restorative, but additionally, it is an evidence-informed style focusing on the science foundation of movement and breath and the special needs of cancer patient or survivors. Teachers are trained to be aware of and understand the cautions / risks in generic yoga styles for cancer survivors . These trained teachers come to serve cancer survivors with compassion informed by knowledge and experience. Their goal is to support the individual in the ways that each patient / survivor needs on any given day.
Yoga is an activity that can be strenuous with inherent risks that include but are not limited to: falling, fainting, malfunction of the props, improper use of the props, errors in your judgment or in the judgment of the instructor or instructors or the misapplication of our method by you or us. We cannot anticipate the effect of cancer on each student and there could be additional risks associated with your form of cancer. These risks could result in injuries, including but not limited to, muscle soreness, bruises, strains, sprains, broken bones, torn ligaments, dislocated joints, or concussions. In very rare cases, catastrophic injuries such as stroke, heart attack, serious internal or head injuries or death could result from the performance of yoga.
This Agreement refers to any yoga or other activity that you may perform as a result of your participation in any Y4C program including but not limited to in person and web-based classes, reading our website, texts, emails, videos and blog posts, as the “Activity”.
All of the information we provide whether in our videos, in a service we provide or on the Y4C website is intended to be educational and must not be taken to be, the practice of medical or counseling care. For purposes of this agreement, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, or providing health care treatment, instructions, diagnosis, prognosis or advice.
Talk to your licensed medical provider before participating in the Activity. The information on the Y4C website or presented during the Activity is for educational purposes only and it should never replace professional medical advice, diagnosis, or treatment. Do not disregard, avoid or delay seeking medical advice for any reason. If you are hurt call 911 or your licensed medical provider immediately. From time to time we may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and or mental condition.
By clicking play on any video linked to the Y4C website, or by registering on the Y4C website you acknowledge that the inherent risks of the Activity are serious, and that injury could result. You assert by pressing play that your participation is voluntary and that you knowingly and willingly assume the inherent risks of the Activity.
In consideration of my voluntary participation, I agree to release, waive and discharge Y4C from any and all present and future claims resulting from the ordinary negligence on the part of Y4C, its members, directors, agents, employees, volunteers, sponsors, interns, insurance providers, equipment manufacturers, service providers and subcontractors (together, “Releasees”). I agree that I will not hold Releasees liable in any way for any injury, death, or other damage resulting from my participation in the Activity or arising out of the ordinary negligence of Releasees in their delivery of or facilitation of or other connection to the Activity. I relinquish any rights that my spouse, heirs, estate or assigns may have to recover damages from Releasees as a result of any injury, death or other damage resulting from my participation in the Activity.
This Agreement is in effect until you notify us or cancel your registration on our website. You can request to cancel your registration by contacting us at [email@example.com].
You further agree that if, despite this Agreement, you, or anyone on your behalf, makes a claim for liability, against any Releasee, related to any events caused by the ordinary negligence of Releasee or otherwise, you will indemnify, defend, and hold harmless each of the Releasees from any such liability, damages, debts, demands, suits, actions, awards, legal expenses, court costs, settlements, or other expenses that may be incurred as a result of such claim.
You agree that this Agreement is intended to be as broad and inclusive as permitted by the laws of the State of Vermont, and that if any portion of this Agreement is held to be invalid, the remainder of the agreement will continue in full force and effect.
If any disputes arise that are related in any way to this Agreement, then you consent that jurisdiction for such a dispute will be in the appropriate court in Chittenden County, Vermont.
This Agreement is governed by the laws of the State of Vermont, and represents the entire agreement of the parties related to the subject matter contained herein.