Participation Terms and Liability Waiver
(1) Introduction
This disclaimer governs your and our rights and obligations in relation to your subscription and attendance of our yoga classes.
You fully understand and acknowledge that all exercise including all physical and bodily positions, movements, activities and exertions during our yoga classes (“Exercise”) involves a risk of personal injury, including possibly serious injury or in the extreme worst casescenario potentially death.You acknowledge and agree that it is entirely your own choicewhether or not to perform Exercise under the guidance of our yoga instructors andundertake to listen to and follow the instructions of our yoga instructors attentively before, during and after any Exercise during our yoga classes at all times. You must never attempt any Exercise beyond the degree of exertion and difficulty which you are able to manage comfortably without incurring risk of injury. You will take full responsibility for your own health and well-being while attending our yoga classes. Your practice outside our yoga classes is entirely at your ownrisk.
We will not be responsible for any injury or damage (whether self-inflicted, caused by us or any third party or by any other means) that you may suffer while attending our yoga class(es). You are encouraged to take out insurance if you have any concerns.
(2) Health and medical conditions
You acknowledge and represent that:
✦ you are in proper physical condition to participate in our yoga classes; and
✦ you have no knowledge of suffering or having recently suffered from any medical or physical condition, injury or disability that might make you more susceptible to risk of injurywhen performing anyExercise (“Pre-existing Condition”).
You must inform us at the earliest opportunity (in any event before any yoga classes) if:
✦ you are suffering or have recently suffered from any Pre-existing Condition;
✦ you are or have recently been on prescription of any medicine or drugs that might make you more susceptible to risk of injury when performing any Exercise.
You must listen to and follow the instructions of our yoga instructors attentively before, during and after any Exercise during our yoga classes at all times. You must never attempt any Exercise beyond the degree of exertion and difficulty which you are able to manage comfortably without incurring risk of injury.
If at any point you have questions or doubts about how to perform any Exercise during yoga classes, you should immediately inform the instructor and seek clarification.
You agree to stop performing Exercise immediately (or otherwise continue to perform Exercise at your own risk) during our yoga classes if:
✦ you feel or experience any signs of pain or discomfort
✦ you are not willing to accept the degree of risk of injury that might be associated with any particular Exercise; or
✦ you have been instructed to stop.
You agree to be considerate and leave sufficient space between you and others attending our yoga classes. You agree not to attend our yoga classes if you have contracted any contagious illness or disease and we reserve the right to refuse your entry and participation inour yoga classes at our full discretion.
You are encouraged to bring your own yoga mat if you have any concerns. You accept that we have no control and cannot make any representations over our customers’ well-being and we do not accept any responsibility for any illness or disease that may be spread during yoga classes.
We may in our sole discretion askyou not to perform any Exercise during a yoga class.
(3) No representations or warranties
Other than: (i) dates and time of yoga classes; (ii) fees; (iii) number of classes in each subscription package, which have been expressly agreed in writing,we make no representations, warranties, undertakings and guarantees relating to our yoga classes.
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 directly or indirectly during our yoga classes;
✦ that you will attain any particular level of ability in performing yoga Exercise;
✦ that your fitness will improve as a result of participation in our yoga classes; or
✦ that the yoga classes 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 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 an yoga class. You should at all times keep watch over your personal property.
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.
If any of the exclusion clauses were deemed to be unenforceable, you agree that our liability will be limited in any event to the fees that you have paid for our yoga classes.
We reserve the right to change the terms and conditions of all our classes and programme without prior notice. It is entirely your responsibility to visit the website and our social media pages regularly and follow the latest arrangements.
(5) Use of photographs and video recordings
You grant your permission to us and any transferee or licensee or any of them, to utilise any photographs, motion pictures, video recordings and other references or records of our yoga classes which may depict, record or refer to you for any purpose (“Likeness”), including commercial use by us, our sponsors and our licensees. This permission is for use anywhere in the world and on the Internet and for an unlimited period of time. You understand and agree that you will not be compensated or receive additional consideration for consenting to the use of your Likeness and that you will not be given a chance to receive, inspect or approve the promotional or marketing material, messages and/or content that may use my Likeness.
(6) Instructors
Our instructors are contractors and not our employees or agents and we are not responsible for any loss or damage caused by acts or omissions of our instructors.
The limitations and exclusions of liability in these terms and conditions protect our instructors as well as protecting us.
We do not make any representations or warranties about the credentials, experience or skills of our instructors.
(7) Severability
You agree that these terms and conditions should continue to have effect to the maximum extent as permitted under law. If any section of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, you agree that only the relevant part of such section that is so determined to be unlawful and/or unenforceable should be struck out and severed from the remainder of the section and thatall other sections of this disclaimer continue in effect.
(8) Law and jurisdiction
This disclaimer shall be governed by and construed in accordance with Hong Kong law, and any disputes relating to this disclaimer or our yoga classes will be subject to the exclusive jurisdiction of the courts of Hong Kong.
(9) Our details
In this disclaimer, "we" means (and "us" and "our" refer to) One Yoga (Wan Chai) Limited, a limited liability company incorporated in Hong Kong.