Rules & Regulations

  1. The Studio is committed to the health, safety, and welfare of each of its members and staff. Member shall conduct himself/herself in a manner consistent with this commitment and that reflects a positive image of the Studio. Studio will not tolerate unreasonable, unsafe, threatening, obscene, discriminatory, harassing, annoying, indecent, illegal, or other inappropriate or unacceptable behavior. The Studio has the right to judge behavior and respond accordingly. This right includes, but is not limited to, termination or cancellation of membership of any member engaging in conduct that violates any rule, regulation, or policy of the Studio, for violations of applicable laws or ordinances, or for engaging in any other conduct deemed inappropriate or unacceptable behavior.
  2. The Studio is staffed in part by yoga instructors. Contract training is not available. Outside instructors (or anyone acting as an instructor) may not do business of any kind in Studio’s Facilities, whether in the form of client solicitation or instruction facilitation.
  3. Damage to Property. Member shall be responsible for and pay for any damages to the Studio’s property, or the property of other members or the public, which results from the willful or negligent conduct of Member, Member’s guest, or dependent children.
  4. Lost Articles. The Studio assumes no responsibility for lost or stolen articles. Lost and found articles not claimed will be donated to charity.
  5. Smoking, Food, and Drink. No smoking (including e-cigarettes/vapes) of any kind is allowed in any part of Studio No food or drink is allowed beyond the lobby. Water may be taken into workout areas if it is in a non-breakable, enclosed container.
  6. Change of Rules and/or Regulations. The Studio reserves the right to add to, change or remove rules, conditions of membership, opening and closing hours and the services and facilities offered by the Studio from time to time.

RELEASE OF LIABILITY AND ASSUMPTION OF RISK

The individual named below (referred to as “I” or “me”) desires to access and use the yoga studios of Tower Yoga (“Tower”) (the “Activity”) located at 1277 N. Wishon Ave., Fresno, California 93728 and 626 E. Olive Ave., Fresno, California 93728 (the “Premises”) which are operated by Tower Yoga, LLC, a California limited liability company (the “Company”). In consideration of being permitted by the Company to participate in the Activity on the Premises and in recognition of the Company’s reliance hereon, I agree to all the terms and conditions set forth in this instrument (this “Release”).

I AM AWARE AND UNDERSTAND THAT THE ACTIVITY IS A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVES THE RISK OF SERIOUS INJURY, INFECTION, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE ACTIVITY ON THE PREMISES WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, INFECTION, DISABILITY, DEATH, OR PROPERTY DAMAGE ARISING FROM MY PARTICIPATION IN THE ACTIVITY ON THE PREMISES, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, MY USE OF ALL OF THE AMENITIES AND EQUIPMENT ON THE PREMISES, MY PARTICIPATION IN ANY ACTIVITY, CLASS, PROGRAM, PERSONAL TRAINING, OR INSTRUCTION WHILE ON THE PREMISES, AND THE SUDDEN AND UNFORSEEN MALFUNCTIONING OF ANY OF THE EQUIPMENT LOCATED AT THE PREMISES.

 

I hereby expressly waive and release any and all claims which I may have, or which I may hereafter have, whether known or unknown, against the Company, and its officers, directors, members, managers, employees, agents, affiliates, shareholders, successors, and assigns (collectively, “Releasees”), on account of injury, infection, disability, death, or property damage arising out of or attributable to my participation in the Activity on the Premises, whether arising out of the ordinary negligence of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims. This waiver and release does not extend to claims for gross negligence, intentional or reckless misconduct, or any other liabilities that California law does not permit to be released by agreement.

 

I understand that by signing this release, I am waiving any and all claims, of any kind arising out of or attributable to my participation in the Activity on the Premises, including those claims that may be unknown to me, or which I do not suspect to exist at this time. WITH THE INTENTION OF WAIVING ALL UNKNOWN AND UNSUSPECTED CLAIMS, I HEREBY EXPRESSLY WAIVE ALL RIGHTS, BENEFITS, AND PROTECTIONS I MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

I shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by the Company or any other Releasees arising out of or resulting from any claim of a third party related to my participation in the Activity, including any claims arising out of my own negligence or the ordinary negligence of the Company.

I hereby consent to receive from any licensed hospital, physician, or medical personnel any medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activity on the Premises. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation.

 

This Release constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is held invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Company and me and their respective heirs, successors, and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Fresno County, California and I hereby consent to the exclusive jurisdiction of such courts.

BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY FOR CLAIMS, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF MY PARTICIPATION IN THE ACTIVITY.