RELEASE AND WAIVER AGREEMENT
Why You’re Reading This Agreement
We are so excited to welcome you to The Hot Room. We create a community where anyone, no matter your ability, feels safe and inspired to heal and strengthen your body and mind. Our studios are positive, welcoming and challenge you to live your best life. Before you begin your first class with us, we need you to clearly understand the risks of participating in yoga, hot yoga, yoga sculpt and pilates classes with us. Please be aware that if you do not sign this Waiver and agree to its terms, then we will not let you participate in the Activities at our studio or Activities we facilitate outside of our studio.
PLEASE READ CAREFULLY, UNDERSTAND FULLY, AND ASK QUESTIONS IF ANYTHING IS UNCLEAR. WE ARE HERE TO SUPPORT YOU. MAKE SURE YOU UNDERSTAND THIS WAIVER. BY SIGNING, YOU UNDERSTAND YOU ARE SIGNING AWAY YOUR LEGAL RIGHTS AND YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS WAIVER.
1. Parties. We will refer to THR Holdings LLC as “THR”, “us”, or “we”, an LLC incorporated in Indiana and we’ll refer to you as “you” or “your.”
2. The Activities. You will be participating in hot yoga classes, yin yoga classes, yoga sculpt classes, heated pilates and Hot 26+ classes. Please note that the Activities may take place in a THR studio or they may take place at outdoor locations or other spaces like churches or schools. We will always do everything to make sure every space is as safe as possible.
2.1 Heated Yoga Classes. In a heated room, we will do flexibility training in the form of yoga positions, body weight exercises, strength exercises, mobility, range of motion exercises, breathing, pranayama, meditation exercises, relaxation exercises, and the use of props or other equipment such as bands, blankets, bolsters or straps provided by THR.
2.2 Yoga Sculpt Our Yoga Sculpt classes, which take place in a heated room, involve doing weight resistance exercises, body resistance exercises, strength exercises, mobility, and range of motion exercises. We will use small weights (not exceeding 10lbs), and any other equipment which would reasonably be incorporated into a yoga exercise class.
2.3 Pilates Classes. In a heated room, we will do mat pilates which will involve weight resistance exercises, body resistance exercises, strength exercises, mobility, and range of motion exercises.
2.4 Non-Heated Yoga Classes. When our yoga classes take place outside of the studio, they will involve the same types of movements as our heated yoga classes but will not be in a heated room.
Together, provisions 2.1-2.4 comprise what you will be doing with us at THR and will be defined as the “Activities”
3. Inherent Risks. You understand that participating in the Activities has inherent risks, some of which are more obvious than others. Injuries include but are not limited to things like: muscle tears, muscle strains, and other musculoskeletal injuries, sprains, broken bones, concussions, dehydration, complications from spending time in a heated room, cardiovascular complications, dizziness, exhaustion, and fainting.
3.1 The risks listed above in Section 3, can result in serious harm and injuries that could change your quality of life and, in rare and extreme circumstances, may even result in permanent disability or death. You will progress at your own pace and will listen to your body. If at any point you feel overexertion, pain, or fatigue, you must assume the responsibility of respecting your body and take a rest. Always communicate any discomfort with one of our instructors immediately.
3.2 The Activities apply to any yoga classes which are made available for online streaming and participation. As these yoga classes will be taking place outside of THR’s facilities, we need you to acknowledge that you are responsible for the safe facilitation of the Activities and your environment you practice in.
4. Affirmation of Health. Before participating in any Activities at THR, you agree that you have sought medical advice regarding your ability to safely participate in them. If you have not sought such advice, you must be certain that your medical and fitness levels are sufficient to participate safely in the Activities. If and when there are local, national and or global developments with regards to communicable diseases, viruses and or illnesses e.g. Influenza, COVID-19, etc., you acknowledge that by participating in the Activities you are affirming that you are healthy and able to engage in practice and are not at an increased risk due to exposure to a communicable disease. If you are exhibiting symptoms or are unsure of your health and ability to practice the Activities, please consult with your doctor and we urge you not to participate.
5. Voluntary Assumption of Risk. You have read this Waiver and understand the risks of participating in the Activities with THR. Your signature below and your participation in the classes at THR illustrate your voluntary participation and assumption of the risks of doing so.
6. Minors and Guardians. In Illinois you are considered a minor if you are under 18 years old. You are still welcome to participate in our classes if you are younger than 18, however you must have a parent or guardian sign this waiver and release form on your behalf. We insist you do not participate in class until this has been organized properly.
7. Release, Waiver, and Indemnity. YOU HEREBY RELEASE THR, AND ITS MEMBERS, DIRECTORS, OFFICERS, CONTRACTORS, PARTNERS, EMPLOYEES, VOLUNTEERS, AGENTS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, FAMILY MEMBERS, AND ASSIGNS (THE “RELEASED PARTIES”), TO THE FULLEST EXTENT PERMITTED BY LAW, FROM ANY LIABILITY AND DAMAGES ARISING FROM PERSONAL INJURIES OR DEATH, HOWEVER CAUSED, INCLUDING OUT OF NEGLIGENCE, DURING YOUR PARTICIPATION IN THE ACTIVITIES AT THR. YOU ARE RELEASING THE RELEASED PARTIES AT YOUR OWN RISK AND YOU AGREE TO FORFEIT ANY AND ALL FORMS OF LEGAL RECOURSE WHICH MAY BE AVAILABLE TO YOU, INCLUDING BUT NOT LIMITED TO ANY FORM OF DAMAGES, AS A RESULT OF YOUR PARTICIPATION IN THE ACTIVITIES. You agree that these provisions above apply to you, your family, heirs, executors, or anyone else who may be able to bring a legal action on your behalf in the future. If THR incurs attorney’s fees and costs to enforce this Waiver, you agree to reimburse THR for such fees and costs.
8. General Legal Provisions. Jurisdiction. This Waiver will be governed exclusively by the laws of the State of Illinois. Severability. If any provisions of this Waiver are invalid or unenforceable, the other provisions in this Waiver will remain in full force and effect. Entire Agreement. This Waiver constitutes the entire agreement between the parties and replaces any prior agreements, promises, or commitments. This Waiver may not be amended, changed, or altered except by another written agreement. Headings. The headings used in this Waiver are for stylistic purposes only and none of the content in the headings are intended to be legally binding.
By signing below, you agree that you have read this Waiver and fully understand its contents and you voluntarily agree to be bound to all of its terms.