Mindful Growth Waiver and Release of Liability

Welcome! Before participating in Mindful Growth Yoga and Meditation’s services, we need you to thoroughly read, understand, and agree to this Waiver and Release of Liability (the “Waiver”). The purpose of this Waiver is to clearly communicate some risks of participating with us and to have you release Mindful Growth Yoga and Meditation of any liability if you get injured or sick, if you have complications or side effects, if any of your things are lost, stolen or broken, or if anything else goes wrong. Please be aware that if you do not sign this Waiver and agree to its terms, you will not be permitted to participate in any services.

If you are a minor in the Province of Ontario or in your place of residence, your legal guardian must also sign this Waiver on your behalf.

PLEASE READ CAREFULLY TO MAKE SURE YOU UNDERSTAND THIS WAIVER. PLEASE ASK QUESTIONS IF ANYTHING IS UNCLEAR. WE ARE HERE TO SUPPORT YOU. BY SIGNING THIS, YOU AGREE YOU ARE SIGNING AWAY YOUR LEGAL RIGHTS TO SUE, AND YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS WAIVER.

1. Parties.

We are Kyle Kanstein, a Sole Proprietorship based in the Province of Ontario. In this Waiver, we will refer to ourselves as “Mindful Growth Yoga and Meditation,” “us,” “we,” and “our.” We’ll refer to you, the undersigned (electronically or by hand), or the person who has clicked “I Agree” (or something similar) to this Waiver, as “you” or “your.”

2. The Activities.

As part of your services with Mindful Growth Yoga and Meditation, you may participate, in person or online, in Modern and accessible Yoga and exercise classes, sessions, events, workshops and more, all of which may involve but are not limited to the following (“Activities”):

2.1. Stretching and flexibility training in the form of poses, body weight and strength exercises, breath work, meditation, and relaxation.

2.2. Outdoor, poolside Group Meditation.

2.3. Halotherapy (Salt Cave), an Infrared Sauna, and a Hot Tub are available at Mindful Growth Yoga and Meditation.

2.4. The Activities may involve physical contact in the form of adjustments from instructors, so please let us know in advance if you do not want adjustments.

2.5. The Activities also apply to any classes made available for online streaming and participation, both live or recorded, or that take place outside of Mindful Growth Yoga and Meditation’s facilities, including outdoors. You agree that you are responsible for the safe facilitation of the Activities happening outside of our facilities.

3. Equipment and Facilities.

In the course of the Activities, you may use a variety of equipment and/or facilities, which could include but is not limited to blocks, bolsters, straps, mats, resistance bands, pillows, dumbbells, foam rollers, massage balls, hot tub, swimming pool, salt cave and infrared sauna (the “Equipment”). Please do not use any equipment not instructed by Mindful Growth Yoga and Meditation and the use of our facilities is at your own risk. You understand that we will do everything to reasonably maintain the equipment and facilities, it is possible that the equipment or facilities may break or fail, and the risks of any such failure may result in the risks outlined below.

3.1. Please note that we may add new and different Equipment in the future in providing the Activities which will be of a similar nature as the Equipment listed above. You accept the risk of any future and similar related Equipment you may use in the future to participate in the Activities.

4. Inherent Risks.

You understand that participation in the Activities may pose inherent risks, some more serious than others. These risks can result in serious harm and injuries that could change your quality of life, your ability to earn an income and, in very rare and extreme circumstances, could even result in death.

4.1. Risks of physical injury may include but are not limited to things like muscle tears, strains, and other musculoskeletal injuries, sprains, fractures, broken bones, cardiovascular complications, high blood pressure, dehydration, dizziness, fainting, head injuries, concussions or concussion symptoms and PTSD.

4.2. There is also a risk of exposure to and contraction of COVID-19 or other communicable diseases passed on via other participants and the use of shared space, surfaces, or Equipment.

4.3. If you are pregnant or post-natal, as with any physical activity, there are additional risks to the health of your fetus and your body, including but not limited to pregnancy loss, low birth weight, early delivery and postpartum complications.

4.4. Participating in the Activities online poses risks, as there is no in-person supervision or space provided. You will, therefore, need to ensure the safety of the Activities by using your judgment on how to best practice them, not pushing yourself too far, and not attempting anything you feel unsure how to perform.

4.5. If the Activities are being performed outdoors, there are additional risks such as tripping or collision with human or natural elements, sun exposure, dehydration, insects, exposure to infections, diseases, pollutants, and other environmental factors. You understand and agree it is your responsibility to ensure a safe space and environment to perform the Activities.

4.6. We would like to emphasize that your release of our liability is not limited in any way to these risks. The risks listed above are only examples. To be completely clear, you are agreeing not to sue us at all.

5. Hot Tub and Swimming Pool Risks.

Activities associated with water carry the risk of drowning. The water in swimming pools and hot tubs is treated with chemicals that can cause allergic reactions and skin and eye irritation.

6. Halotherapy Risks.

Halotherapy involves sitting in a salt cave (room), breathing in air with tiny salt particles. This practice is not recommended for anyone with severe hypertension, cancer, heart problems, any infectious disease, fever, or active tuberculosis. While your nasal passages are clearing, you may experience coughing with more mucus secretion than normal. In some cases, skin and eye irritation or conjunctivitis may be experienced.

7. Infrared Sauna Risks.

Infrared saunas may cause dehydration, nausea, overheating, and dizziness. If you have a condition that inhibits your ability to sweat or you have a pacemaker or defibrillator, it is not recommended that you use an infrared sauna without getting advice from a medical professional.

8. Affirmation of Health.

By participating in any Activities with Mindful Growth Yoga and Meditation, you affirm that you have sought medical advice regarding your fitness or are certain of your ability to engage in the Activities. If you have any pre-existing medical conditions (e.g., asthma, diabetes, heart disease), physical injuries, weakness, or are pregnant, post-natal or post-surgery, you should consult with your doctor first before engaging in the Activities. Please communicate and inform us IMMEDIATELY if at any point you do not feel well during the Activities.

9. Voluntary Assumption of Risk.

You certify that you have read this Waiver and understand the risks of participating in the Activities with Mindful Growth Yoga and Meditation. By signing this Waiver or clicking “I Agree” (or something similar), you are showing your voluntary engagement and assumption of the risks of the Activities.

10. Lost or Stolen Personal Items.

You agree that it is solely your responsibility to safeguard your personal items, and Mindful Growth Yoga and Meditation is in no way responsible for any of your personal property that is damaged, lost, or stolen before, during, or after your participation in the Activities.

11. Alcohol and Prohibited Substances.

You are strictly forbidden from participating in the Activities while under the influence of alcohol or any other substances that may alter your perception or ability to be present and focused.

12. Release, Waiver and Indemnity.

You hereby release, hold harmless, indemnify and waive any claims against Kyle Kanstein and its officers, contractors, employees, affiliates, volunteers, associates, landlords, agents, executors, administrators, successors, family members and assigns (the “Released Parties”) with respect to any and all liability and damages incurred during, or in any way associated with, your participation in the Activities with Mindful Growth Yoga and Meditation, however caused, including as a result of the Released Parties’ negligence, including but not limited to damage to or loss of personal property, personal injuries, death, illness, or any cause of action related to premises liability. You are releasing the Released Parties at your own risk, and you agree to forfeit any and all forms of legal recourse that 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 this provision applies to you, your family, heirs, executors, or anyone else who may be able to bring legal action on your behalf in the future.

13. Continued Agreement.

Agreement to this Waiver will act as your continued agreement to all ensuing Activities and any further interactions with Mindful Growth Yoga and Meditation, whether in person, online, or via video conferencing tool.

14. Arbitration.

Any controversy or claim arising out of or relating to this Agreement or the breach of this agreement shall be settled exclusively by arbitration. You also agree that should arbitration take place, it will be exclusive to the courts of the Province of Ontario or such other arbitrator mutually agreed upon by the parties. The arbitrator’s decision shall be final and binding on both parties and enforceable in any court of competent jurisdiction. The costs of the arbitration shall be borne by the losing party. The arbitration award shall be final and binding upon the parties, and the parties hereby waive any rights to appeal or challenge the award to the extent permitted by applicable law. This arbitration clause shall survive the termination or expiration of this contract.

15. General Legal Provisions. Choice of Laws and Venue.

This Waiver will be governed exclusively by the laws of the Province of Ontario. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the Province of Ontario. Severability. If any terms or provisions of this Waiver are invalid or unenforceable, the other provisions in the Waiver will remain in full force and effect. Entire Agreement. This Waiver constitutes the entire agreement between the parties and replaces any prior agreements. Online Agreement. The parties agree that this Waiver may be signed electronically or agreed to by having you click “I Agree” (or something similar), the effect of which will be the same as signing by hand.