IMPORTANT- READ CAREFULLY:
Your use of the JoinFest.net website, Fest services and associated software is conditioned upon your compliance and acceptance of these terms.
BY USING THIS WEBSITE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Your Assumption of Risk, Waiver of Liability, and Indemnification Agreement with Fest, LLC:
Fest, LLC (owner of JoinFest.net and herein after referred to as Fest) is a web-based video conferencing business that provides users with an opportunity to connect with yoga instructors for private yoga sessions. These professionals are independent business persons and are not employees of FEST. Fest simply serves as the conduit between the instructor and the user.
Activity Information for the User:
Being physically fit and in good condition produces many benefits for the user – pleasure, excitement, more attractive appearance, weight loss, firming up of muscles, more energy, greater enjoyment of life, and numerous health benefits. Fest feels that it is important that all users clearly understand that all kinds of physical activity, by their very nature, carry with them certain risks of injury that cannot be eliminated regardless of the care taken to avoid injuries. These risks are called inherent risks.
Regardless of the care taken by Fest and by the instructor, accidents and injuries can occur through no fault of the user and no fault of Fest or the instructor. Fest feels that the benefits of regular physical activity far outweigh the risks involved, but feels it is important for you to know both the benefits and the risks so that you can make an informed decision regarding your participation in such activities.
Flexibility activities (yoga) generally involve gentle, static stretching. These are generally safe, but overdoing it can result in a joint injury. These activities have been shown to improve balance, reduce the likelihood of muscular strains, and develop a wider range of motion.
Breathing, relaxation, and meditation activities commonly practiced in yoga generally involve low impact activity and are intended to reduce stress, provide mind-body awareness, and flexibility. These activities would involve less risk of injury.
Each of these and other similar activities involve some risk of injury, but the resultant fun, improved fitness, and sense of accomplishment outweigh the risks for most users. Injuries during physical activity can be a result of any number of inherent risks, including such factors as 1) excess stress during exercise, 2) inadvertent user inattention, 3) unexpected equipment failure, 4) inadvertent instructor error, 5) user misinterpreting instructor directions, and 6) misjudgments of user ability by the user or instructor.
If you have questions regarding the benefits or risks of these, or any other activities available through Fest, please consult with a Fest representative or with your Fest Instructor.
Assumption of Inherent Risks:
I, the ADULT USER [OR MINOR USER AND PARENT(S) OR GUARDIAN(S)], understand that the inherent risks of physical activity vary with the activity, the muscle group involved, the activity area, and with the exercise equipment used. I recognize that some activities involve very little risk of injury and other activities involve significant risk of injury. I also recognize that the risk of injury increases with age and with lack of fitness. Injury risks are often divided into three categories.
Common minor injuries are to be expected occasionally in most types of physical activity. A few examples of these injuries include, but are not limited to, minor muscle strains, muscle sprains, bruises, abrasions, and post-exercise muscle soreness.
The frequency of serious injuries varies with the activity. While they are highly unlikely in mild activity, their frequency increases in vigorous activities involving significant physical stress or contact with other participants. Some examples of serious injuries include, but are not limited to, joint injuries, torn muscles, heat-related illnesses, broken bones, ACL injuries, and back injuries.
The final type is the risk of catastrophic injury, which includes such incidents as stroke, heart attack, paralysis, or death. The likelihood of catastrophic injury is remote, but they do sometimes occur. That is one of the reasons we urge all users, particularly mature adults, to consult with their personal physician before undertaking an activity program.
I, the ADULT USER [OR MINOR USER AND PARENT(S) OR GUARDIAN(S)], have read the previous paragraphs and I know and understand the nature of the activities available through Fest; I understand the demands of those activities relative to my physical condition and skill level; and I appreciate the types of injuries that may occur as a result of activities available through Fest and their potential impact on my well-being and lifestyle. I, the ADULT USER [OR MINOR USER AND PARENT(S) OR GUARDIAN(S)], hereby assert that the participation of the user is voluntary and that I, the ADULT USER [OR MINOR USER AND PARENT(S) OR GUARDIAN(S)], knowingly assume all inherent risks.
Waiver of Liability for Ordinary Negligence:
In consideration of permission to use JoinFest.net and Fest’s video conferencing software to participate in Fest activities today and on all future dates, I, the ADULT USER [OR MINOR USER AND PARENT(S) OR GUARDIAN(S)], (on behalf of myself, my heirs, personal representatives, and assigns) do hereby release, waive, and discharge Fest, LLC, the corporate entity, its owners, directors, officers, employees, and the activity instructor from liability from any and all claims arising from the inherent risks of the activity or the ordinary negligence of Fest or the forenamed parties. This agreement applies to personal injury (including death) from incidents or illnesses arising from participation in Fest activities (including, but not limited to, online exercise classes).
I, the ADULT USER [OR PARENT(S) OR GUARDIAN(S) of the Minor User] agree to hold harmless, defend, reimburse, and indemnify Fest, LLC and the activity instructor (that is, defend and pay any judgment and costs, including investigation costs and attorney’s fees) from any and all claims of mine, my spouse, heirs, personal representatives, or assigns arising from any injury or loss due to my participation at Fest.
I, the ADULT USER [OR PARENT(S) OR GUARDIAN(S) of the Minor User] further agree to hold harmless, defend, and indemnify Fest, LLC and the activity instructor (that is, defend and pay any judgment and costs, including investigation costs and attorney’s fees) against any and all claims of co-participants, rescuers, and others arising from their conduct in the course of my participation with Fest.
Covenant Not To Sue:
I, the ADULT USER [OR MINOR USER AND PARENT(S) OR GUARDIAN(S)], covenant not to sue Fest, the corporate entity, its owners, directors, officers, employees, or my activity instructor for any present or future claim I might have. This includes claims resulting from 1) the inherent risks of a Fest activity and 2) the ordinary negligence of Fest or the forenamed parties.
I, the ADULT USER [OR MINOR USER AND PARENT(S) OR GUARDIAN(S)], affirm that this agreement supersedes any and all previous oral or written promises or agreements. I understand that this is the entire agreement between Fest, LLC and me and cannot be modified or changed in any way by representations or statements by any activity instructor or employee of Fest.
Mediation and Arbitration:
I, the ADULT USER [OR MINOR USER AND PARENT(S) OR GUARDIAN(S)], agree that in lieu of litigation, I will engage in good faith efforts to mediate any dispute that might arise. Any agreement reached will be formalized by a written contractual agreement at that time. Should the issue not be resolved by mediation, I agree that all disputes, controversies, or claims arising out of my participation at Fest shall be submitted to binding arbitration in accordance with the applicable rules of the American Arbitration Association then in effect. These mediation and arbitration efforts must take place in Multnomah County, Oregon.
I, the ADULT USER [OR MINOR USER AND PARENT(S) OR GUARDIAN(S)], further expressly agree that the foregoing Assumption of Risk, Waiver of Liability, and Indemnification Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Oregon 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, the ADULT USER [OR MINOR USER AND PARENT(S) OR GUARDIAN(S)], understand that if legal action is brought against Fest, LLC, the appropriate trial court for the county of Multnomah in the State of Oregon has the sole and exclusive jurisdiction and that only the substantive laws of the State of Oregon shall apply.
Acknowledgements To Insure User Safety:
I, the ADULT USER [OR MINOR USER AND PARENT(S) OR GUARDIAN(S)], state the following:
• I acknowledge that Fest, LLC recommends and encourages that I getmedical clearance from my personal physician prior to participation in a physical activity. I assert that I have no known health condition that would contra-indicate my participation in a Fest activity.
• I agree that, for my safety, it is my duty to use and keep my webcam on throughout class activity and to cease activity and notify the instructor if my monitor malfunctions.
• I acknowledge that the instructor will conduct the activity in good faith and may find it necessary to terminate my participation in an activity if the instructor judges meincapable of safely meeting the rigors of the activity. I accept your right to take such actions to help insure my safety.
• I assert that the I possess a sufficient level of physical fitness, skill, and experience to enable me to participate safely in the selected activity offered by Fest.
• I authorize the instructor to secure emergency medical care or transportation (i.e., EMS) for me when deemed necessary by the instructor.
• I agree to assume all costs of emergency medical care and transportation.
• I acknowledge that it is my duty to inform the instructor and cease exercise immediately if I should feel any unusual discomfort (e.g., faintness, shortness of breath, high anxiety, and chest pains) during activity.
Acknowledgment of Understanding:
I, the ADULT USER [OR MINOR USER AND PARENT(S) OR GUARDIAN(S)], have read this Assumption of Risk, Waiver of Liability, Covenant not to Sue, and Indemnification Agreement and fully understand its terms. I understand that I am giving up substantial rights, including my right to sue. I further acknowledge that by creating an account with JoinFest.net I am defacto electronically signing the agreement freely and voluntarily, and intend my electronic signature to be a complete and unconditional release of all liability due to ordinary negligence by Fest, LLC (corporate entity, owners, directors,officers, employees, independent contractors, or the activity instructor) or the inherent risks of the activity, to the greatest extent allowed by law in the State of Georgia.
Because physical exercise can be strenuous and subject to risk of serious injury, we urge you to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. You agree that by participating in physical exercise or training activities, you do so entirely at your own risk. Any recommendation for changes in diet including the use of food supplements, weight reduction and/or body building enhancement products are entirely your responsibility and you should consult a physician prior to undergoing any dietary or food supplement changes. You agree that you are voluntarily participating in these activities and use of these facilities and premises and assume all risks of injury, illness, or death. We are also not responsible for any loss of your personal property.
You acknowledge that you have carefully read this “waiver and release” and fully understand that it is a release of liability. You expressly agree to release and discharge the trainer or instructor from any and all claims or causes of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against the trainer or instructor for personal injury or property damage.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence.
If any portion of this release from liability shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this release from liability shall remain in full force and effect and the offending provision or provisions severed here from. By sending bookings you agree to the terms listed above.