Waiver
Welcome!
The material appearing on this website https://www.little-souls.com (this “Site”), is provided as information about Little-Souls : Child Wellness’s business, community, and people, and as a platform for online connection. The owner of this Site, Little-Souls : Child Wellness and its directors, agents, employees and affiliates assume no responsibility or liability for any consequence resulting directly or indirectly from any action or inaction you take based on the information found on the Site or material linked to this Site.
Any information on this Site is provided for promotional or informational purposes only and is not to be relied upon as a professional opinion. By using this Site, you accept and agree that following and using any information or recommendation provided on this Site is at your own risk.
WAIVER AGREEMENT
Why You’re Reading This Document
The purpose of this release and waiver (the “Waiver”) is to openly communicate the risks of practicing yoga and other mindfulness exercises together, either in person or online, and have you release Little-Souls of any liability. Please be aware that if you do not sign this Waiver and agree to its terms, I will not let you participate in my classes.
If you are under the Age of Majority in Ontario (18 years old), your legal guardian must also sign this Waiver on your behalf.
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 READING THIS AND CONTINUTING WITH THE ACTIVITIES, YOU AGREE YOU ARE SIGNING AWAY YOUR LEGAL RIGHTS AND YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS AGREEMENT.
- Parties. We will refer to Little-Souls, a Sole Proprietorship registered in the Province of Ontario, as “Little-Souls”, “me” or “my” and we’ll refer to you, the undersigned (electronically or by hand) or person who has clicked “I Agree” to this Waiver, as “you” or “your”.
- The Activities. You will be participating in yoga, exercise and mindfulness classes with Little-Souls, in person or via our app. We offer nurturing and FUN yoga, including kids yoga and Adult Vinyasa Yoga classes, Mindfulness and Mindfulness for the Next Generation, all of which may involve but are not limited to the following (the “Activities”):
2.1 Body weight exercises, yoga poses, movements, breath work, meditations, calming imagery and calming measures using Binaural Beats and self regulatory games. Some of the classes may take place in a heated room (the range of heat for hot classes is between 90°F/32°C and 105°F/41°C). The Activities may involve receiving adjustments from instructors, so please advise in advance if you do not want adjustments.
2.2 The Activities also apply to any classes or content made available for online streaming and participation. As these classes will be taking place outside of Little-Souls’s facilities, you must acknowledge that you are responsible for the safe facilitation of the Activities.
2.3 Parents or legal guardians must monitor and ensure their children’s safe participation in the Activities, especially via online and app content, as there are no instructors present to advise their appropriate and safe engagement.
- Equipment. In the course of the Activities, you may use various equipment, which may include but is not limited to: yoga blocks, bolsters, straps, mats, resistance bands, pillows, dumbbells, foam rollers, massage balls (“Equipment”).
- Inherent Risks. Participating in the Activities has inherent risks, some more obvious/serious than others, which can result in serious harm and injuries that change your quality of life and, in rare circumstances, may even result in death.
4.1 Injuries include but are not limited to things like muscle tears, strains and other musculoskeletal injuries, sprains, broken bones, cardiovascular complications, dehydration, dizziness and fainting.
4.2 Exposure to and contraction of COVID-19 or other communicable diseases passed on via other participants and use of shared space, surfaces, or Equipment.
4.3 Hearing impairment, noise-induced hearing loss, damage or rupture of the eardrum and bones in the ear, neurological alteration or nerve damage, due to listening and use of binaural beats.
4.4 Additional risks of participating in the Activities online, as there is no in-person supervision or facilities, and you will therefore need to ensure your own safety and responsibility in choosing to perform the Activities.
- Affirmation of Health. By participating in any Activities at Little-Souls, you affirm that you have sought medical advice regarding your fitness to practice yoga. If you have not sought such advice, you must be certain that your medical and fitness levels are sufficient to participate in advanced level yoga, including yoga in heated conditions, and in exposure to and use of binaural beats.
5.1 COVID-19 / Infectious Disease. You acknowledge that every time you participate in the Activities you are affirming that you are healthy and do not present an increased risk due to COVID-19 or other infectious diseases. If you are suffering from symptoms of a communicable disease or are unsure of your health, please consult with your doctor and I urge you not to visit Little-Souls’ studio or participate in the Activities.
- Voluntary Assumption of Risk. You have read this Waiver and understand the risks of participating in the Activities with Little-Souls. Your signature below, electronic signature or clicking ‘I Agree’, and your participation in the classes at Little-Souls illustrates your voluntary engagement and assumption of the risks of the Activities.
- Release, Waiver and Indemnity. You hereby release Little-Souls, its members, directors, officers, contractors, employees, volunteers, agents, executors, administrators, successors, family members and assigns (the “Released Parties”) from any liability and damages arising from death or personal injuries, including the contraction of COVID-19 or other communicable diseases, however caused including as a result of Little-Souls’s negligence, during your participation in the Activities at Little-Souls. 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.
- Media Release. We think you’re gorgeous and would love to show you off! By being a student at my studio, you agree to grant us the irrevocable right to use your image, likeness, photographs, video content, audio recordings of you captured in my studio or that you share with us online (via your own or others posting of you) as part of my online streaming, marketing and sales throughout the world and in perpetuity. You also release us from all claims you may have relating to the use mentioned in this section. Please let us know If you ever want us to stop using an image of you.
- General Legal Provisions. Jurisdiction. This Waiver will be governed exclusively by the laws of the Province of Ontario. Severability. If any 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. Headings. The headings used in this Waiver are for stylistic purposes only. Online Agreement. We agree that this Agreement may be signed electronically or agreed to by having you click “I Agree”.
You agree that you have read this Waiver and fully understand its contents and voluntarily agree to be bound to all of its terms.
With Love,
Little-Souls : Child Wellness