For your reference, here is the class waiver that each participant must sign before taking a class with Hesed Heart, LLC and any of their teachers.
Hesed Heart, LLC Liability Waiver
Hesed Heart, LLC (“company”, “I”, “we” or “us”) provides general educational information on various topics on this website and in classes as a public service, which should not be construed as professional, financial, spiritual, psychological, religious, medical or health advice. These are my personal opinions only.
The term “you” refers to anyone who watches, uses, visits, or attends classes.
Although I am a yoga teacher by profession, I am not your doctor, physical therapist, psychologist, therapist, or pastor. All content and information on this website and in classes including our programs, products and/or services is for informational and educational purposes only, does not constitute professional, medical, psychological, health or religious advice of any kind and we do not warrant that the information presented herein is free of any errors or omissions. We are not providing medical, health care, nutrition therapy or coaching services to diagnose, treat, prevent or cure any kind of physical ailment, mental or medical condition. A professional-client relationship with you is only formed after we have expressly entered into a written agreement with you that you have signed including our fee structure and other terms to work with you in a specific matter.
Although we strive to provide accurate general information, the information presented here is not a substitute for any kind of professional advice, and you should not rely solely on this information. Always consult a professional in the medical, psychological, and health area for your particular needs and circumstances prior to making any medical or health related decisions. For your health related questions, please seek the advice of a licensed physician or any other qualified health care provider immediately.
LIMITATION OF LIABILITY
You agree that under no circumstances, we and/or our officers, employees, successors, shareholders, teachers, joint venture partners or anyone else working with us shall be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary or any other damages resulting from your use of this website or classes including but not limited to all the content, information, products, services and graphics presented here.
You expressly agree that your use of the website and classes is at your sole risk and that you are solely responsible for the accuracy of the personal and any information you provide, outcome of your actions, personal and business results, and for all other use in connection with the website and classes.
You also expressly agree that we and/or our officers, employees, successors, shareholders, teachers, joint venture partners or anyone else working with us shall not be liable to you for any damages resulting from 1) any errors or omissions on the website or classes, delay or denial of any products or services, failure of performance of any kind, interruption in the operation and your use of the website or classes, website attacks including computer virus, hacking of information, and any other system failures; 2) any loss of income, use, data, revenue, profits, business or any goodwill related to the website or classes; 3) any theft or unauthorized access by third party of your information from the website or classes regardless of our negligence; and 4) any use or misuse of the information, products and/or services offered here.
This limitation of liability shall apply whether such liability arises from negligence, breach of contract, tort or any other legal theory of liability. You agree that we provide no express or implied guarantees to you for the content presented here, and you accept that no particular results are being promised to you here.
You agree to indemnify and hold the Company and/or its officers, employees, successors, shareholders, teachers joint venture partners or anyone else working with us harmless from all losses, claims, damages, demands, actions, suits, proceedings or judgments, including costs, expenses and reasonable attorneys’ fees (“Liabilities”) assessed against or otherwise incurred by you arising, in whole or in part, from: (a) actions or omissions, whether done negligently or otherwise, by you, your agents, directors, officers, employees or representatives; (b) all your actions and use of our websites including purchasing programs, products and services; (c) violation of any laws, rules, regulations or ordinances by you; or (d) violation of any terms and conditions of this website by you or anyone related to you; e) infringement by you or any other user of your account of any intellectual property or other rights of anyone. The company will notify you promptly of any such claims or liability and reserves the right to defend such claim, liability or damage at your expense. You shall fully cooperate and provide assistance to us if requested, without any cost, to defend any such claims.
GRANT OF MEDIA RIGHTS
You grant the Company and its affiliates, teachers agents, employees, officers, successors, shareholders, joint venture partners or anyone else working with the Company a non-exclusive, worldwide, royalty-free, perpetual irrevocable right and license to reproduce, edit, reformat, publish, broadcast, distribute, sell, live-stream, post your images, videos, recordings, statements from classes (the “Work”) in all forms and media in relation with Company’s advertising, publicity, promotional and marketing activities including, but not limited to, those directed to the public and existing and prospective customers on this and other social media channels, websites, newsletters, emails, commercial products, education, course materials, video footage, sales marketing or any other business purpose.
This waiver is effective as of November 11, 2020 and will be updated and modified as needed. You are responsible for visiting this page periodically to check for future updates to this policy. Any modifications to this waiver will be effective upon our publishing of the new terms, and your continued use of our website or classes after the posting of any updates constitutes your acceptance of our modified waiver.
ORIGINALS AND COUNTERPARTS
This Agreement may be signed in counterparts and electronically. Emails, copies of signatures, and signatures via Google Forms are acceptable in lieu of originals. By making payment for and attending any class, you show agreement to this waiver.
I am voluntarily participating in classes at Hesed Heart, LLC. I understand that with any physical activity, there are material and physical risks and by participating I accept liability for these risks. I understand it is my personal responsibility to consult with my doctor regarding my participation and that these classes do not constitute medical advice. To my knowledge, I have no medical condition or injury that would prevent me from safely participating in classes with Hesed Heart, LLC. I assume responsibility for any risk or injury I may sustain as a result of participating in these classes and I release Hesed Heart, LLC and their teacher(s) from any liability claims. I have read the waiver above and understand its contents. I understand it is my responsibility to find a pace that suits me and to stop a pose if I feel pain or if it contradicts my doctor’s advice. I agree to all terms and conditions stated above.