Terms of Use & Release of Liability
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE PARTICIPATING IN CLASSES LIVE IN-PERSON, LIVE ONLINE, OR ON THIS WEBSITE.
By attending live in-person classes, live online classes, or recorded online classes using this website, you signify your consent to these terms and conditions (“Terms of Use”). If you do not agree to these Terms of Use, please do not attend in person or online classes or use the website.
Your access to and use of online classes and this website, www.nicoleblackwood.com (“Site”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect.
- I am participating in yoga classes, health programs, workshops and/or other wellness, body work, therapy, exercise, and healing arts activities (collectively, the “Activities”) offered by the teachers of Nicole Blackwood Embody Yoga & Wellness (“Teachers”).
- I recognize that I must be in adequate physical and mental health to participate in the Activities. I understand that the Activities may require intense physical exertion, and I represent and warrant that I am physically fit enough to participate and I have no medical condition which would prevent my full participation in the Activities. I recognize that the Activities may cause or aggravate a physical injury or medical condition. I understand that it is my responsibility to consult with a physician before my participation in the Activities. If I have done so, I have taken the physician’s advice. I understand that the Teachers reserves the right to refuse my participation in any Activity on medical, fitness, or any other grounds.
- I am aware that my participation in the Activities could result in high blood pressure, fainting, heartbeat disorders, physical injury, heart attack or stroke and may aggravate pre-existing injuries. I understand that I could experience muscle, back, neck, and other injuries as a result of my participation in the Activities. I understand my physical limitations and I am sufficiently self aware to stop or modify my participation in any Activity before I become injured or aggravate a pre-existing injury.
- The information provided on this website is strictly for reference only and is not in any manner a substitute for medical advice. For all health or medical issues, consult a qualified healthcare provider. Teachers assume no responsibility or liability for any injuries or losses that may result from practicing yoga or any other exercise program. I assume all risks in practicing the exercises through online classes or on this website.
- In consideration of being permitted to participate in the Activities, I agree to assume full responsibility for any risks, injuries, or damages, known or unknown, which I might incur as a result of participating in the Activities, including those which may result from the negligence of the Teachers.
- In further consideration of being permitted to participate in the Activities, I knowingly, voluntarily, and expressly waive any “Claim” (as defined below) I may have against the Teachers (“Released Party”) that I may sustain as a result of participating in the Activities even if the Claim arises from the negligence of Released Party or anyone else. I agree to indemnify and hold harmless Released Party from any loss, cost, or liability incurred in defending any Claim made by me or anyone making a Claim on my behalf, even if the Claim is alleged to or did result from the negligence of Released Party or anyone else. “Claim” includes but is not limited to any and all liabilities, claims, demands, expenses, fees, legal actions, rights of actions for damages, personal injury, mental suffering, and distress, or death that I may suffer, my spouse, children or unborn child may suffer (including any legal fees or expenses) in connection with participation in any Activity.
- I, my heirs or legal representatives forever release, waive, discharge and covenant not to sue the Released Party for any Claim caused by any negligence or other acts of Released Party.
- I agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”), are maintained for my personal use and information by Nicole Blackwood Embody Yoga & Wellness (the “Company”) and are the property of the Company and/or its third-party providers.
- Upon registration with the Company and/or this Site, I expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. I consent to receive notices electronically by way of transmitting the notice to you by email.
- I understand that the Company will not be held responsible for lost or stolen items during attendance at Embody Yoga Studio or any of our class locations.
- I understand that it is my responsibility to periodically review the Terms of Use. Changes and omissions may occur during and after advertising and publishing. We regret any inconvenience that errors may cause however we are not responsible for printing and typographical errors. The Company reserves the right to change schedules, policies and other information at any time.
- This agreement shall be construed in accordance with, and governed by, the laws of the Province of Newfoundland and that all actions, suits, claims, and proceedings relating to this agreement shall be brought in a court of competent jurisdiction located in Newfoundland. In case any provision of this agreement shall be held invalid, illegal, or unenforceable, it shall not affect any other provision of this agreement and this agreement shall be construed as if such provision had never been contained herein.
I acknowledge that I have carefully read this agreement and fully understand its contents. I voluntarily and knowingly agree to the terms and conditions stated herein. I am aware that by electronically checking the box pertaining to this agreement in the Student Intake form, I am giving up substantial rights, including my right to sue and certain legal rights my heirs, next of kin, executors, administrators and assigns may have against any Released Party.