RELEASE OF LIABILITY, WAIVER OF CLAIMS,
ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
(hereinafter referred to as the “Release Agreement”)
BY PURCHASING ADMISSION TO THE FIELD GUIDE (OYAMA YOGA) CLASS, AND ATTENDING YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS,
INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF THE OCCUPIERS LIABILITY ACT OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT
INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT
PLEASE READ CAREFULLY!
This Release Agreement shall apply to all subsequent classes with Oyama Yoga (The Field Guide)
TO: The Field Guide (dba “Oyama Yoga”) AND ITS AFFILIATED COMPANIES AND SUBSIDARIES, respective directors, officers, employees, instructors, agents, representatives, volunteers, independent contractors, subcontractors, sponsors, successors and assigns (hereinafter collectively referred to as the “Releasees”).
ASSUMPTION OF RISKS
I am aware that yoga, stretching and participating in outdoor activities, clinics and sessions involve potential risks, dangers and hazards including, but not limited to: over stretching, balance issues and disembarking the yoga platform; changing weather conditions due to the outdoor location of classes; walking a trail to the yoga area; exposed rock, earth, and other natural objects; trees, tree stumps and forest deadfall; the condition of snow or ice on or beneath the surface; variations in the terrain which may create blind spots or areas of reduced visibility; variations in the surface or sub-surface, including changes due to rainfall or animals; variable and difficult conditions; streams, creeks, and exposed holes in the trail to the yoga platform; cliffs; road-banks; encounters with domestic and wild animals including dogs, cougars, and bears; collision with other persons; loss of balance or control; slips, trips and falls; accidents during yoga lessons and The Field Guide events; infectious disease contracted through viruses, bacteria, parasites, and fungi which may be transmitted through direct or indirect contact; negligent first aid; failure to act safely or within one’s own ability or to stay within designated areas; negligence of other persons; and NEGLIGENCE ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM OR WARN ME OF THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE. I am also aware that the risks, dangers and hazards referred to above exist throughout and beyond the yoga area and that many hazards are unmarked. I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the Releasees admitting me to participate in class and permitting my use of the driveway, parking, trails/paths, access to Okanagan Rail Trail, access roads and other yoga and The Field Guide facilities (hereinafter “the premises”), I hereby agree as follows:
- TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against THE RELEASEES, and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer, or that my next of kin may suffer, as a result of my use of or my presence on the premises or travel beyond the yoga area boundary DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, c. 337 ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES THE FAILURE ON PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM OR WARN ME OF THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE
- TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES for any and all liability for any damage to property of or personal injury to any third party, resulting from my use of or presence on the premises or travel beyond the yoga practice area boundary, which can be described as the Yoga Platform;
- This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
- This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of British Columbia and no other jurisdiction; and
- Any litigation involving the parties to this Release Agreement shall be brought solely within British Columbia, and shall be within the exclusive jurisdiction of the Courts of British Columbia.
In entering into this Release Agreement I am not relying upon any oral or written representations or statements made by the Releasees with respect to the safety of skiing or snowboarding other than what is set forth in this Agreement.
The class admittance issued to the class attendee is for the sole use of that attendee, is not transferable, not for resale and is revocable for misconduct or breach of the Yoga Responsibility Code.
I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT AND I AM AWARE THAT BY PURCHASING A CLASS BOOKING I AM ACCEPTING THIS AGREEMENT, I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.
PLEASE ADHERE TO THE YOGA RESPONSIBILITY CODE
Yoga Responsibility Code
Please be mindful of others' space and in light of Covid, please keep a respectful 6 feet apart
Please come and go with a light footprint, leaving nothing behind in our natural environment, and being kind to flora, fauna and wildlife we are blessed to enjoy here
Respect the ideals of peace, harmony and non-violence in word and deed.
Please be mindful not to wear scents, or bring known allergens to class - ie. peanut butter as it may disrupt another's experience
Please don't bring your pets
When practicing asanas (intentional postures) at Oyama Yoga it is up to you to know and honour your limitations. We like to honour the 80/20 ratio. Give 80% effort to your strength and stretching challenges and leave the other 20% "to the divine" (let that final 20% be guided and graceful)
Please don't place personal objects around you or on the sides of the yoga platform. Use the mat at entry or the space under the "rock wall" for personal items so that we all have a clear unobstructed space :)