LIABILITY WAIVER, RELEASE and INFORMED CONSENT

I have enrolled in the hot yoga fitness program offered by Hot Yoga Bensonhurst Inc. In consideration of my participation in any and all of the classes, I hereby consent, acknowledge and agree to each of the following:

I have voluntarily come to and will practice each class as rendered and according to the theories, concepts, practices associated with such Hot Yoga Class, as practiced and taught by Hot Yoga Bensonhurst. I understand, acknowledge and agree that the classes offered are different from other forms of yoga and fitness classes and thereby accept full personal responsibility and assume all risks associated with each such class.
I know that each class involves the entire body, is offered in a hot and humid environment, and that it can be strenuous and intense. Having taken this into consideration, I hereby represent to Hot Yoga Bensonhurst that I am in good physical and mental health, medical condition, and overall fitness. I have no pre-existing condition, nor any knowledge or reason to know that Hot Yoga Bensonhurst should not accept my enrollment.
It is my responsibility to obtain timely, regular, and current approval from health and medical personnel. Likewise, it is my responsibility to withdraw immediately should it be necessary or desirable.
In order to participate in any of the hot yoga fitness classes, I will accept and follow without question all instructions given to me including, without limitation, those about performing the postures and correct alignment in each of the classes. I am aware that any deviation from the instructions given may put me at risk and I fully and completely accept all consequences arising directly or indirectly therewith. I am aware that nutrition, sleep and hydration is critical. I will have water or another beverage with me at all times.
I hereby grant the Hot Yoga Bensonhurst permission to use my likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration. I understand and agree that all photos will become the property of the Hot Yoga Bensonhurst and will not be returned.
I hereby irrevocably authorize the Hot Yoga Bensonhurst to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo.
I understand that participation in any or all of the classes includes possible exposure to and illness from infectious diseases, including but not limited to, COVID-19, MRSA and Influenza. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist and thus, I HEREBY KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS TO EXPOSURE OF ANY INFECTIOUS DISEASE (including without limitation COVID 19), BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others and assume full responsibility for my participation in any of the classes.
I willingly agree to comply with all of the stated and customary terms and conditions for participation in the hot yoga classes as it relates to protection against infectious diseases.
I, together with my heirs, assigns, personal representatives and next of kin, HEREBY FULLY AND FOREVER RELEASE, DISCHARGE, AND COVENANT NOT TO SUE, Hot Yoga Bensonhurst Inc. together with its Owner, Managers, Members, instructors, agents, employees and respective assigns (“RELEASEES”) WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH or loss of damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, relating, directly or indirectly, to participation in any of the classes and/or any and all liability related to COVID-19 or other infection diseases which might occur as a result of being on the premises and/or participation in any of the Fitness Classes.
I shall indemnify, defend and hold harmless the RELEASEES from and against any and all claims, demands, suits, judgments, losses or expenses of any nature whatsoever (including, without limitation attorneys’ fees, costs and disbursements) arising from or out of, or relating to, directly or indirectly, to; participation in a fitness class, COVID-19 and/or any other illness or injury
It is my express intent that this Agreement shall bind any and all of my representatives and shall be deemed a RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE the RELEASEES. I HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL OF ANY DISPUTE ARISING IN CONNECTION WITH THIS AGREEMENT.
I ACKNOWLEDGE AND REPRESENT THAT I HAVE READ THE FOREGOING TERMS OF THIS AGREEMENT AND FULLY UNDERSTAND ITS TERMS AND UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

LATE CANCELLATIONS/NO SHOW

A 12-hour cancellation notice via online or the Mindbody app if required to avoid being charged for class, no exceptions. Phone and email cancellations will not be applied.

Single Class/Class Packs
If you cancel your reservation online 12 hours or more in advance the class will be returned to your account for future use. If you cancel within 12 hours of class start time or do not show up, the class will be deducted from your account.

Unlimited Memberships
$40 will be charged to the credit card on file for no shows/reservations canceled within 12 hours of class start time.

Our late cancellation window is 12 hours prior to class start time. Please do not contact the studio and ask that we waive the Late Cancel/No Show fee. Due to limited studio capacity, we are unable to make exceptions to this policy on an individual basis and must adhere to guidelines for the overall wellbeing of our community.

Refund

Prices are subject to change.

All purchases including class cards, single classes, unlimited packages, Groupon and alike are NON-REFUNDABLE, NON-TRANSFERABLE and NON-EXTENDABLE.

1. We take your privacy very seriously. Any personal information supplied by you as part of any registration process and/or other interaction with our Services will be collected, stored and used in accordance with our privacy policy. By using our Services, you consent to such collection and processing, and you promise that all data provided by you is accurate.

2. While we take reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. in no event shall we be liable for any damages (whether consequential, direct, incidental, indirect, punitive, special or otherwise) arising out of, or in any way connected with, a third party’s unauthorized access to your personal information, regardless of whether such damages are based on contract, strict liability, tort or other theories of liability, and also regardless of whether we are given actual or constructive notice that damages were possible.