Waiver and Consent

Yoga at the Park (YAP) Waiver of Liability

By using the Yoga at the Park (YAP) platform, yoga instructors and participants (collectively referred to as "users") agree to the terms outlined in this waiver of liability. This waiver applies to all activities, services, and events organized or facilitated through the YAP platform.

Assumption of Risk

Users acknowledge that participating in outdoor yoga classes, including those held at public parks and beaches, involves inherent risks. By choosing to participate in YAP-organized or facilitated events, users voluntarily accept all associated risks, including but not limited to the risk of injury, illness, property damage, or other harm.

Release of Liability and Indemnification

Users agree to release and discharge YAP, its affiliates, officers, employees, agents, and representatives from any and all liability, claims, or demands arising from their participation in YAP events, including claims for personal injury, property damage, or other loss.

Additionally, users agree to indemnify and hold harmless YAP and its affiliates, officers, employees, agents, and representatives from any claims, damages, costs, or expenses (including reasonable attorneys' fees) that arise due to their own negligence, willful misconduct, or breach of this waiver.

Compliance with Rules and Regulations

Users agree to follow all YAP rules, regulations, and policies, as well as any applicable local, state, and federal laws. YAP reserves the right to refuse or terminate access to its platform and services for users who do not comply with these requirements.

Medical Fitness and Consent to Treatment

Users confirm that they are physically and mentally capable of participating in YAP events and have no medical conditions that would impair their safe participation. In the event of a medical emergency, users consent to receive necessary medical treatment and agree to bear any costs associated with such treatment.

Media Release

Users grant YAP and its affiliates permission to use their name, image, likeness, and statements in any photographs, video recordings, or other media taken during YAP events for promotional or marketing purposes, without compensation.

Severability

If any part of this waiver is found to be unenforceable or invalid, the remaining provisions will continue to be in effect.

Governing Law and Jurisdiction

This waiver is governed by and construed in accordance with the laws of New Mexico. Users agree to submit to the exclusive jurisdiction of the courts located in New Mexico for any disputes arising out of or related to this waiver or their participation in YAP events.

Arbitration Agreement

In the interest of resolving disputes efficiently and amicably, users agree that any and all disputes or claims related to their use of the YAP platform or participation in YAP events will be resolved through binding arbitration. This arbitration will be conducted in accordance with the rules of the American Arbitration Association, and the decision of the arbitrator(s) will be final and binding. Users waive their right to participate in any class action lawsuit against YAP. The arbitration will take place in New Mexico, and each party will bear its own costs, including attorneys' fees.

By using the Yoga at the Park (YAP) platform, users acknowledge that they have read, understood, and agreed to the terms of this waiver of liability, including the arbitration agreement.