WAIVER, Wellbeing Workouts on Demand

Release and Waiver Of Liability

By registering for a class in the Wellbeing Workouts on Demand, I hereby agree to the following

Release and Waiver of Liability (“Agreement”):

1. I am participating in yoga classes, health programs, workshops and other exercise and healing

arts activities (collectively, the “Activities”) offered by Wellbeing Workouts on Demand

(“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 or fitness 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, or bone 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 “Claims” (as defined below) I may have against the Studio,

its owners, members, employees, and/or its instructors, teachers, employees, volunteer staff,

interns, and/or 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 carelessness or negligence of any Released Party or anyone else.

“Claims” include but are 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 negligence of a Released Party.

7. This Agreement shall be construed in accordance with, and governed by, the laws of the State

of Hawaii.

This RELEASE OF LIABILITY (“Agreement’) constitutes the sole and entire agreement

between WYAO Hawaii Corporate Wellness, LLC (owner of Wellbeing Workouts on Demand)

and me with respect to the subject matter contained herein and supersedes all prior and

contemporaneous understandings, agreements, representations, and warranties, both written and

oral, with respect to such subject matter.

If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction,

such invalidity, illegality, or unenforceability shall not affect any other term or provision of this

Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

This Agreement is binding on and shall inure to the benefit of WYAO Hawaii Corporate

Wellness, LLC, and me, and our respective successors and assigns. All matters arising out of or

relating to this Agreement shall be governed by and construed in accordance with the internal

laws of the State of Hawaii without giving effect to any choice or conflict of law provision or

rule (whether of the State of Hawaii or any other jurisdiction). Any controversy or claim arising

out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration

administered under the rules of the American Arbitration Association. The arbitration hearing

shall take place in Honolulu County, State of Hawaii, before a single arbitrator, unless that

parties agree otherwise. Judgment on the award rendered by the arbitrator is final and may be

entered in any court having jurisdiction thereof. 

I ACKNOWLEDGE THAT I HAVE BEEN GIVEN THE OPPORTUNITY TO BARGAIN

WITH RESPECT TO MY RIGHTS UNDER THIS CONTRACT. BY SIGNING I

ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF

THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL

LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE WYAO Hawaii Corporate Wellness,

LLC, OR ITS RELEASEES, FOR CLAIMS BASED IN NEGLIGENCE.

       I Agree to the Waiver

Please fill out the following form.

I agree to the WAIVER of LIABILITY as listed above

Thanks for submitting!