yoga

liability waiver

updated may 2024

Samādhi Wellness Yoga Liability Waiver

Please ensure this waiver is read carefully and understood in conjunction with the Samādhi Wellness Privacy Policy and Terms & Conditions, especially information regarding Yoga cancellations and membership freezes.

Kindly note that you are advised that if at any time during the class, you feel discomfort or strain, gently come out of the posture or take a modification; taking care not to remain in a painful state. You are encouraged to rest at any time during the class as needed; you do not have to come into each pose instructed. It is important that during any yoga session that you listen to and honour your body, respecting its limits on any given day.

I understand that yoga includes physical movements as well as an opportunity for relaxation, stress re-education and relief of muscular tension. As is the case with any physical activity, the risk of injury, even serious or disabling, is always present and cannot be entirely eliminated.

If I experience any pain or discomfort, I will listen to my body, discontinue the activity, and ask for support from the instructor. I will continue to breathe smoothly. I assume full responsibility for any and all damages, which may incur through participation.

I understand that Samādhi Wellness utlilises public and private facilities in which airborne pathogens may be present. I agree that I will not hold Samādhi Wellness liable for any illness which may be contracted by visiting a public or private facility and being in proximity with others, and for any reactions to airborne remnants of cleaners within any premises.

I understand that Anna Harris, Samādhi Wellness and any affiliated instructors are not diagnosing, prescribing or treating any health condition. I agree to consult a doctor or medical professional about a state of pathology, dysfunction, or pain. I understand that Yoga is not a substitute for medical attention, examination, diagnosis or treatment.

Yoga is not recommended and is not safe under certain medical conditions. By signing this waiver, I affirm, where required, that a licensed physician has verified my good health and physical condition to participate in such a fitness program. In addition, I will make the instructor aware of any medical conditions or physical limitations before class. If I am pregnant, become pregnant or I am 12 weeks of less postnatal or post-surgical, my signature/checkbox tick verifies that I have my physician’s approval to participate. I acknowledge that regular asana classes, including those provided by Samādhi Wellness, are not appropriate if I am pregnant or less than 12 weeks postnatal. I understand that I must not book these classes, and instead am invited to book into Kārunya Mind-Body Wellness, who specialise in these conditions (https://karunyamindbody.com.au).

I also affirm that I alone am responsible to decide whether to practice yoga and participation is at my own risk. I hereby agree to irrevocably release and waive any claims that I have now or may have hereafter against Anna Harris and Samādhi Wellness, and all related facilities and premises for any personal injury or negligence.

I understand that upon entering any public building, there are risks, and I will not hold Samādhi Wellness liable for any harm or injury obtained to me in or around the perimeters by any type of scenario within or outside the class I am attending. Additionally, the public or home facility, Anna Harris and Samādhi Wellness are not in any way responsible for any loss or damage of your personal property.

Those under 18 years of age must have this waiver acknowledged by the booking parent or guardian.

If any portion of this release from liability shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this release from liability shall remain in full force and effect and the offending provision or provisions severed here from.

I have carefully read, fully understood, and agree to the above terms of this Liability Waiver Agreement. I am in agreement voluntarily and recognise that my signature/checkbox tick serves as complete and unconditional release of all liability to the greatest extent allowed by law and that it cannot be changed orally.

Samādhi Wellness Yoga Child Liability Waiver

Please ensure this waiver is read carefully and understood in conjunction with the Samādhi Wellness Privacy Policy and Terms & Conditions, especially information regarding Yoga cancellations and membership freezes.

You are the parent/guardian of the child named in this booking and expressly acknowledge and agree to this waiver.

You acknowledge and agree that you give your child permission to participate in Samādhi Wellness Yoga classes.

You understand that participation in any in person or online yoga exercise program/s and workshops constitute a natural risk of injury to your child and agree to waive any claim you may have against Anna Harris/ Samādhi Wellness or the yoga teacher and assume this risk.

If at any time you believe conditions to be unsafe for your child, you will immediately discontinue participation in the class and seek medical assistance.

As the parent/guardian of your child you grant a waiver and release, indemnify, hold harmless and forever discharge the Samādhi Wellness and its teachers of and from any and all claims, demands, debts, contracts, expenses, cause of action, lawsuits, damages, and liabilities, of every kind of nature, whether known or unknown, in law or equity, that you ever had or may have, arising from or in any way related to your child’s participation in Samādhi Wellness Yoga, or loss or damage of personal property as a result of that participation, provided that this waive of liability does not apply to any negligent act or omission.

You acknowledge that Anna Harris, Samādhi Wellness and any affiliated instructors are not diagnosing, prescribing or treating any health condition. You agree to consult a doctor or medical professional about a state of pathology, dysfunction, or pain you child/children may be experiencing. You understand that Yoga is not a substitute for medical attention, examination, diagnosis or treatment. You further acknowledge and agree that any information provided by Samādhi Wellness or any affiliated teachers is for educational purposes only and may not be suitable to you or your child’s circumstances. By participating in Samādhi Wellness Yoga Classes or attending our facilities, you acknowledge and agree that you or your child may be exposed to certain risks including injury or loss to person, or loss or damage to personal property, and you agree that Samādhi Wellness shall have no liability to you, your successors and assigns for any such injury, loss or damage.

You agree inform Samādhi Wellness if any pain, injury or illness is present or feel that the yoga exercise would be unsafe or uncomfortable for your child.

Notwithstanding any limitations or restrictions placed on this agreement under the Australian Consumer Law, you acknowledge and agree that Samādhi Wellness shall not have any responsibility or liability to you in respect of any loss or damages you or your child may suffer, directly or indirectly, in connection with your attendance at or participation in Samādhi Wellness Yoga. You further agree to defend, indemnify and hold harmless Samādhi Wellness its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt or expenses (including but not limited to solicitor’s fees) which may be suffered by it or them in connection with you or your child’s participation in Samādhi Wellness Yoga.

With respect to online Samādhi Wellness Yoga, by clicking on the Zoom link, or any other platform we may use to deliver our online classes, you are acknowledging and agreeing that:

a) the child has permission to be online;

b) you will ensure that the child is wearing appropriate clothing that is suitable for yoga and in no way hazardous or inappropriate;

c) that, if appropriate, you will ensure cameras and webcams are located in a communal space like a classroom, hall, living room, or rumpus room;

d) that the children are participating in the online yoga classes at their own risk. You understand that yoga is likened to sport, and injury may occur;

e) you understand that Samādhi Wellness is strictly monitoring online yoga classes and have safety platforms and procedures. Samādhi Wellness may record Group Yoga Classes, however all recordings comprise recordings of the teacher and the teacher alone.

f) you understand that some of the material in our online classes is subject to copyright and belongs to Anna Harris of Samādhi Wellness. Recordings remain the intellectual property of Samādhi Wellness. None of the class content is approved for sharing, or for any recording. You are not permitted to share any class, links or passwords to anyone.

g) Samādhi Wellness is not responsible for any problem or technical malfunction of networks or lines, servers, providers, computer equipment, software or any other connectivity issue experienced.

Samādhi Wellness reserves the right to cancel any event, in which case a full refund will be granted, or credit provided.

This waiver, along with the Samādhi Wellness Terms & Conditions and Privacy Policy contain the entire agreement between parties, and supersedes any prior written or oral agreements between them and the provision of this waiver will continue in full force and effect even after the termination of Samādhi Wellness Yoga, whether by agreement, by operation of law, or otherwise.