PARTICIPANT AGREEMENT, RELEASE, AND ASSUMPTION OF RISK

In consideration of the services of Yoga OM Alaska, LLC, Shakti Rising, LLC, Yoga OM, Sonia and/or David Auld, their agents, owners, officers, volunteers, students, participants, employees, & all other persons or entities acting in any capacity by, through, under or on their behalf (hereinafter collectively referred to as the indemnified parties) I hereby agree to release, indemnify, and discharge the indemnified parties on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:

I acknowledge that my participation in performance and training, individual and group initiatives, problem-solving exercises, personal growth and development exercises utilizing yoga, fitness equipment, aerial yoga, silks and vertical rope entails known and unanticipated risks that could result in physical or emotional injury or death. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things: the hazards of slips and falls; being struck by objects dislodged or dropped from above; the hazards from using safety ropes and equipment; the risks of falling off equipment; the risks of landing improperly on a safety mat; the risks of being entangled in safety lines; my own physical condition, and the physical exertion associated with this activity. Furthermore, the indemnified parties (instructors) have difficult jobs to perform. They seek safety, but they are not infallible and among other things (1) they might misjudge their own ability, (2) they might misjudge the weather or other environmental conditions, (3) they may give incomplete or inaccurate instructions or warnings, and (4) the equipment being used might malfunction.

I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless the indemnified parties from and against any and all claims, demands, suits, judgments, damages, liability, cost or expense, or causes of action, which are in any way connected with my participation in any activity at the indemnified parties property or my use of any of the indemnified parties’ equipment or facilities, including but not limited to those alleging negligent acts or omissions.

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 am willing to assume the risk of any medical or physical condition I may have.

Should the indemnified parties or anyone acting on their behalf, be required to incur reasonable attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.

Notwithstanding anything to the contrary herein, in the event that I file a lawsuit against the indemnified parties, I agree to do so solely in the state of Alaska, and I further agree that the substantive law of Alaska shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.

By signing this document, I acknowledge that if anyone is hurt, or property is damaged or lost during my participation in this activity, I waive my right to maintain a lawsuit against the indemnified parties on the basis of any claim from which I have released them herein.

MEDIA/PHOTO WAIVER: I hereby authorize and give my full consent to Yoga OM Alaska to copyright and/or publish any and all photographs, digital recordings, videotapes and/or film in which I appear may be used for public view. I further agree that Yoga OM Alaska may transfer, use or cause to be  used these digital recordings, photographs, videotapes, or films for any exhibitions, public displays, publications, commercials, art and advertising purposes, television programs, and internet without limitations or reservations.

I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms. I agree that a digitally reproduced/scanned version of this waiver is fully valid and representative of the original, signed executed copy.

 I certify to the best of my knowledge that I DO NOT have any of the following: Heart disease, glaucoma, high or low blood pressure, epilepsy, fainting spells, recent surgery or severe injury.

Any of the previous conditions disqualify students from participating in aerial yoga and other yoga and fitness classes.

 AUTOPAY UNLIMITED MEMBERSHIP, RECURRING AUTOPAYS TERMS

YOGA OM ALASKA AUTOPAY AGREEMENT

I join Yoga OM Alaska (YOA) to stretch and reach for happy according to these Autopay Membership: Autopay Unlimited Sessions for $108 per month Or Recurring Autopay 5 or 10 Class Pass.

AUTHORIZATION FOR CREDIT CARD CHARGES
Member hereby authorizes YOA to charge Member’s credit card on a monthly basis for the purpose of paying dues for services, late fees, services fees, and additional authorized charges, on these conditions:
(1) The charges shall be drawn on or about the date listed on the payment plan. The transactions on Member’s credit card statement will constitute receipts for payment.
(2) Member agrees to notify YOA promptly if Member’s credit card is lost, stolen, or expired by emailing namaste@yogaomalaska.com before my next scheduled payment. After a second declined charge, YOA can terminate this Agreement. Member will reimburse fees incurred by YOA for declined transactions or charge-back claims contrary to the terms of this Agreement.
(3) If the regular payments set forth on the payment plan should vary in amount (excepting pre-authorized additional charges), Member is entitled to receive notice ten days prior to such charge only when said amount differs by more than $100 from Member’s most recent payment.
(4) YOA reserves the right to change the billing company at their discretion and without warning. If such a change is made, the full terms and conditions of this agreement will continue to apply and Member agrees to authorize the newly-designated billing company to continue charging Member’s account.
(5) A $25 service fee will be assessed and drafted for any declined credit card charge or order returned for insufficient funds or any other reason. A $25 late fee will be assessed and drafted should any monthly payments become past due. The privilege of making payments under this arrangement may be revoked by YOA if any charge is not paid upon presentation.
(6) Should Member default on any payment obligation as called for in this agreement, YOA will have the right to declare the entire remaining balance due and payable, together with allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs, and attorney fees. A default occurs when any payment due under this agreement is more than thirty (30) days late.
(7) The Membership will automatically renew on a month-to- month basis at the rate indicated above. Renewal terms may be cancelled with 30-day written notice emailed to namaste@yogaomalaska.com.

(8) A fee will be charged for early membership cancellation. $50 fee for 3 Month Agreement. $100 fee for 6 Month Agreement. $150 fee for 12 Month Agreement.

MEMBERSHIP FREEZE POLICY
Members may freeze Membership up to 60 days cumulatively for $35 fee per request.  Freezing Membership neither stops nor delays the Membership payment schedule. Duration of any freeze will be credited to the end of the Membership’s original term. For Members experiencing health conditions that forbid yoga practice, YOA will allow such Members to freeze Membership for the duration of the condition with the presentation of a corroborating note from a medical doctor. For Members deployed to active military duty, YOA will allow such Members to freeze Membership for the time deployed.