In consideration of the services of The Yoga Joint 420 Studio, LLC, including, but not limited to its agents, owners, officers, volunteers, participants, employees, affiliates, and all other persons or entities acting in any capacity on its behalf (hereinafter collectively referred to as "The Yoga Joint 420 "), I HEREBY ACKNOWLEDGE AND AGREE TO IRREVOCABLY RELEASE AND WAIVE, INDEMNIFY, AND DISCHARGE The Yoga Joint 420 ,LLC OF ANY AND ALL PAST, PRESENT, OR FUTURE CLAIMS ON BEHALF OF MYSELF, MY CHILDREN, MY PARENTS, MY HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES/AGENTS, AND ESTATE AS FOLLOWS:
1. I ACKNOWLEDGE that I understand that yoga includes physical movements, as well as an opportunity for relaxation, stress re-education, and relief of muscular tension. As is the case with any physical activity, THE RISK OF INJURY TO ME OR TO THIRD PARTIES, EVEN SERIOUS OR DISABLING, IS ALWAYS PRESENT AND CANNOT BE ENTIRELY ELIMINATED. If I experience any pain or discomfort, I will listen to my body, adjust the posture, and, if necessary, ask for support from the teacher or staff. I will continue to breathe smoothly. I ALSO ACKNOWLEDGE that I may choose to partake in the consumption of cannabis if I choose to do so, as is customary in the practice of a CannaYoga class, and should that be the case, I ASSUME ALL RISKS AND UNDERSTAND IT IS MY RESPONSIBILITY TO KEEP MYSELF SAFE AND COMFORTABLE.
2. I further acknowledge and agree that yoga and CannaYoga are not a substitute for medical attention, examination, diagnosis or treatment. Yoga is not recommended and is not safe under certain medical conditions. I affirm that I alone am responsible to decide whether to practice yoga. I HEREBY AGREE TO IRREVOCABLY RELEASE AND WAIVE ANY AND ALL CLAIMS THAT I HAVE NOW OR HEREAFTER MAY HAVE AGAINST The Yoga Joint 420 Studio, LLC.
3. I expressly acknowledge, agree, and promise to accept and assume all of the risks existing in this activity. My participation in Yoga is purely voluntary, and I elect to participate in spite of the risks, known or unknown.
4. I HEREBY VOLUNTARILY RELEASE, FOREVER DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS The Yoga Joint 420 ,LLC FROM ANY AND ALL CLAIMS, DEMANDS, OR CAUSES OF ACTION, which are in any way connected with my participation in yoga or my use of The Yoga Joint 420 's equipment or facilities, online yoga classes, offsite yoga classes at selected venues including any such claims which allege negligent acts or omissions of The Yoga Joint 420 Studio, LLC and including any claims related to COVID-19 or any other illness or disease.
5. Should The Yoga Joint 420 Studio, LLC or anyone acting on its behalf be required to incur attorney's fees and other costs to enforce this agreement, I AGREE TO INDEMNIFY AND HOLD The Yoga Joint 420 Studio, LLC HARMLESS FOR ALL SUCH FEES AND COSTS.
6. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I FURTHER CERTIFY THAT I HAVE NO MEDICAL OR PHYSICAL CONDITIONS WHICH COULD INTERFERE WITH MY SAFETY IN YOGA AND CANNAYOGA, OR ELSE I AM WILLING TO ASSUME—AND BEAR THE COSTS OF—ALL RISKS THAT MAY BE CREATED, DIRECTLY OR INDIRECTLY, BY ANY SUCH CONDITION.
7. I FURTHER ACKNOWLEDGE AND AGREE that The Yoga Joint 420 Studio, LLC may, in its sole discretion, bar my participation in yoga or require my removal from its facilities and livestream classes in order to prevent injury or inconvenience to myself and others.
8. In the event that I file a lawsuit against The Yoga Joint 420 Studio, LLC, I agree to do so solely in the state of California, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state.
9. Acuity Scheduling, INC. I acknowledge The Yoga Joint 420 Studio, LLC website utilizes, and is powered by, Acuity Scheduling, Inc. software and The Yoga Joint 420 Studio, LLC has no control over the Privacy Policy of Acuity Scheduling, Inc. or how Acuity Scheduling, Inc. may use any of my personal information. I hereby release and discharge The Yoga Joint 420 Studio, LLC and its owners, officers, employees and agents from any claims I may have now or in the future resulting from the use of my personal information by Acuity Scheduling, Inc. For a copy of the Acuity Scheduling, Inc. Privacy Policy please visit the Acuity Scheduling, Inc. website at https://Acuity Schedulingscheduling.com/
10. Online yoga:The Yoga Joint 420 Studio, LLC assumes no responsibility for injuries suffered while practicing these techniques at your home or any other location of your choice. Please seek a qualified medical professional before attending online yoga classes or ingesting or inhaling medical marijuana.
11. I am 21 years of age or older. By purchasing tickets and participating in the Yoga classes and cannabis consumption I understand the legal consequences of doing so which includes a release of The Yoga Joint 420, LLC from all liability related to the classes and promising not to sue the The Yoga Joint 420, LLC and assuming all risks involved in the classes known or unknown.
12. I understand that I must be in a US state or country that has legalized medical marijuana to obtain an approval or recommendation for the use and possession of medical cannabis. I am aware that a Notice of Compliance has not been issued under the Food and Drug Regulations concerning the safety and effectiveness of marijuana as a drug. I understand the significance of this fact.
A. All activities provided by the Released Parties are in full compliance with California Proposition 64.
California Proposition 64 was passed by the citizens of California. In November 2016 it became legal for all adults over the age of 21 to cultivate, possess, and consume marijuana for recreational purposes. As of January 1, 2018, students with a valid government issued ID are permitted to purchase marijuana or marijuana-infused products. Visitors to California with out-of-state or international ID are also allowed to purchase marijuana or infused products. All adults over the age of 21 are permitted to possess up to 28.5 grams of marijuana or up to 8 grams of concentrated cannabis. Additional regulations are expected to be enacted and enforced as this new law is implemented.
B. Age Restriction, Valid ID, No Refunds
Student warrants that he or she is at least 21 years old and will provide valid government issued identification (“ID”) upon check-in at the time of the Events and shall carry his or her ID at all times while participating in the Events. Non-US citizens must carry a valid passport at all times. student acknowledges that he or she will be denied entry for failure to provide required identification to the satisfaction of the Released Parties, may be asked to leave the Events if unable to produce valid identification at any time during the Events, and shall not be entitled to a refund if such valid identification is not produced upon request by the Released Parties. Expired forms of documentation are not valid under any circumstances.
C. Federal Laws
Student acknowledges that cannabis is considered a Schedule 1 drug under federal law, and that the Released Parties cannot guarantee that Student will not be subject to arrest or other legal proceedings or consequences by federal authorities due to Student’s participation in the classes, including criminal prosecution. student hereby forever releases and holds the Released Parties harmless for any action or exclusion which may be taken against Student by federal authorities as a result of Student’s participation in, registration for or in connection with the classes .
I am aware that medical marijuana has not been approved under Federal Regulations and I understand that medical marijuana has not been deemed legal under federal law. Although smoking marijuana has not been linked to lung cancer, smoking marijuana can cause respiratory harm, such as bronchitis. Many researchers agree that marijuana smoke contains known carcinogens (chemicals that can cause cancer) and that smoking marijuana may increase the risk of respiratory diseases and cancers in the lungs, mouth and tongue. I have been advised that medical marijuana smoke contains chemicals known as tars that may be harmful to my health.
I understand that there are many methods of intake that substantially reduce the harmful effects of smoking such as edibles, tinctures, etc. I agree that if I am a female student that I must alert the teacher if I am pregnant prior to purchasing the class and understand that I can not and will not participate in the canna yoga portion of the yoga class or events. I understand that I should not be driving a vehicle while using marijuana and that I can get a DUI for driving under the influence.I hereby declare that I have completely and truthfully disclosed all information regarding my medical conditions and attest that I do not intend to use my medical recommendation for the purpose of illegally obtaining, growing or distributing medical marijuana. I am aware that my medical marijuana recommendation can be revoked at any time and legal actions will be taken if I have perjured or misrepresented myself or my condition, my intentions or falsified any medical information to attend class. Additionally, I acknowledge that The Yoga Joint 420, LLC has asked me directly about pre-existing injuries, ailments and conditions that could affect my experience and health during or after class and I exercised my personal choice to share or not to share that information with my teacher and The Yoga Joint 420, LLC..
I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. By signing this NEW STUDENT RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, I acknowledge that if anyone is injured or property is damaged during my participation in yoga, I may be found by a court of law to have waived my right to maintain a lawsuit against The Yoga Joint 420 Studio, LLC on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document.
I FURTHER ACKNOWLEDGE I HAVE READ AND UNDERSTOOD THIS NEW STUDENT RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, AND I AGREE TO BE BOUND BY ITS TERMS.
I FURTHER ACKNOWLEDGE AND AGREE that The Yoga Joint 420 Studio, LLC may, in its sole discretion, bar minor’s participation in yoga or require minor’s removal from its facilities in order to prevent injury or inconvenience to minor and others.
Please consult with your physician before beginning any exercise and a medical marijuana program. By participating in this exercise or exercise program, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge The Yoga Joint 420 from any and all claims or causes of action, known or unknown, arising out of The Yoga Joint 420’s negligence.
FOR CALIFORNIA RESIDENTS: This Release has been executed by me with the express intention of effecting the legal consequences provided by Section 1541 of the California Civil Code, and any other federal, state or local laws of similar effect. I intend to relinquish all claims against The Yoga Joint 420, whether or not known or suspected and expressly waive any and all rights and benefits conferred upon me by the provisions of Section 1542 of the California Civil Code (or any federal, state or local laws of similar effect), which reads:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
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