Disclaimer

For All Yoga & Other Sessions & Events Hosted by The Hatha Yoga Effect

(1) Introduction

This disclaimer governs our yoga classes.  We will ask you to sign this disclaimer before taking part in any yoga class.

You acknowledge that all exercise involves a risk of personal injury, including a small risk of serious injury or death, and agree to take responsibility for your health and well-being in relation to our yoga classes.

(2) Health and medical conditions

You acknowledge and represent that:

  • to the best of your knowledge, you suffer from no medical or physical condition or disability that will or might increase the normal risks associated with exercise; [and / or]

  • your doctor has approved your participation in our yoga classes, if required

[In addition, if you are over 65 years old, you must obtain your doctor's approval before participating in our yoga classes.]

[Doctors' approvals under this section 3 must be in writing and copies must be provided to us [upon request].]

[You must complete registration form and health section before participating in any of our yoga classes.  You acknowledge and represent that you will complete or have completed the section to the best of your knowledge and ability.]

You must inform us, as soon as possible, if:

  • you suffer from any new injury, illness or other medical condition;

  • you feel any pain or discomfort during the session; or

  • you feel that any exercise included in an yoga class would be unsafe or uncomfortable for you.

We may in our sole discretion prohibit you from participating in an yoga session or activity; and you must comply with all of our instructions in relation to our sessions.

(3) No representations or warranties

To the maximum extent permitted by applicable law and subject to section 5 below, we exclude all representations, warranties, undertakings and guarantees relating to our sessions.

Without prejudice to the generality of the foregoing paragraph, we do not represent, warrant, undertake or guarantee:

  • that you will not suffer from any injury arising directly our indirectly out of our yoga sessions;

  • that your fitness will measurably improve as a result of participation in our yoga sessions; or

  • that the yoga sessions will continue to run for any specific period.

(4) Limitations and exclusions of liability

The limitations and exclusions of liability set out in this section and elsewhere in this disclaimer: are subject to section 5 below; and govern all liabilities arising under the disclaimer or in relation to our yoga classes, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

We will not be liable to you in respect of any personal injury (including without limitation serious injury or death) that you may suffer or sustain directly or indirectly as a result of attending our yoga classes.  Nor will we be liable to you in respect of any other losses arising as a result of any such personal injury.

We will not be liable to you in respect of any of your personal property that is lost, stolen or damaged before, during or after a yoga session.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

(5) Exceptions

Nothing in this disclaimer shall: limit or exclude our liability for death or personal injury resulting from negligence; limit or exclude our liability for fraud or fraudulent misrepresentation; limit any of our liabilities in any way that is not permitted under applicable law; or exclude any of our liabilities that may not be excluded under applicable law.

(6) Severability

If a section of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other sections of this disclaimer continue in effect.  

If any unlawful and/or unenforceable section would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the section will continue in effect. 

(7) Law and jurisdiction

This disclaimer shall be governed by and construed in accordance with English law, and any disputes relating to this disclaimer or our yoga sessions will be subject to the exclusive jurisdiction of the courts of England and Wales.

(8) Our details

In this disclaimer, "we" means (and "us" and "our" refer to) Subhan Nair trading as The Hatha Yoga Effect, which has its principal place of business at 45 Mycenae Road, SE3 7SF.

(9) Instructors

The limitations and exclusions of liability in this disclaimer protect our instructors as well as protecting us.

(10) Credit

This disclaimer was created using an SEQ Legal template.