Terms of use

You understand that participation in the Activities includes, without limitation, strenuous physical and mental activities and exercises, participating in the Activities with other participants, contact with unidentified and unfamiliar persons, participating in the Activities in new and unfamiliar places and manners, exposure to risks in the areas in which the Activities are conducted, and exposure to communicable diseases (including COVID-19 risks, as further detailed above in COVID-19 Terms and Conditions). You fully understand that the Activities can be HAZARDOUS, and involve known risks and unanticipated risks which could result in BODILY OR MENTAL INJURY, ILLNESS, DEATH, DAMAGE OR LOSS to yourself, your property, and to other third parties and their property, which may be caused by your own actions or inactions, those of others participating in the Activities, the locations, places and/or buildings at, on or in which the Activities take place, the conditions at, on and in which the Activities take place (including equipment, ventilation and surfacing for the Activities), or the negligence or misconduct of any of the “Releasees” named below; and you fully accept and ASSUME ALL SUCH RISKS and all responsibility for losses, costs, and damages you or any third parties incur as a result of your participation in the Activities, including property theft. You represent that you understand the nature of the Activities. You further represent that you are participating in the Activities voluntarily, and that you are in good health, physically and mentally fit and otherwise prepared and able to participate in the Activities. You agree that you will discontinue participation in the Activities if you believe at any time your participation poses a threat to yourself or any third party. If you have any injury or condition that potentially affects your participation in the Activities, you will consult with your physician or other applicable provider regarding your participation, and follow all applicable provider instructions, which is your sole responsibility.

You acknowledge that some Activities may involve the use of flashing lights, which can potentially trigger seizures or other adverse reactions in individuals with photosensitive epilepsy or other light-sensitive conditions. You understand that it is your responsibility to assess your own health conditions and consult with a medical professional if you have any concerns about participating in Activities involving flashing lights. By choosing to participate, you assume all risks associated with exposure to flashing lights, including but not limited to seizures, dizziness, or discomfort, and release Sunswell Yoga and all Releasees from any liability related to such exposure.

You also acknowledge that some Activities may involve exposure to loud sounds or music, which can potentially cause hearing damage, discomfort, or aggravation of existing auditory conditions. You understand that it is your responsibility to assess your own sensitivity to sound and consult with a medical professional if you have any concerns about participating in Activities involving elevated sound levels. By choosing to participate, you assume all risks associated with exposure to loud sounds, including but not limited to temporary or permanent hearing loss, tinnitus, or physical discomfort, and release Sunswell Yoga and all Releasees from any liability related to such exposure.

You, on behalf of yourself and anyone who obtains any rights from or through you, hereby forever and irrevocably release and discharge Sunswell Contracting; the owners, lessors, lessees and any other individual or entity with any interest in the locations, places and/or buildings at, on or in which the Activities take place; any individuals or entities involved in any capacity with the Activities (including, without limitation, any technology applications and platforms facilitating the Activities in any manner); any sponsors, advertisers or promoters of any of the foregoing; any of the respective parents, subsidiaries, affiliates, partners, members, owners, agents, contractors, subcontractors, administrators, licensees, designees, insurers, personal and legal representatives, successors and assigns of each of the foregoing; other participants in the Activities; and any director, officer, member, manager, partner, volunteer, employee, representative or agent of any of the foregoing (each a “Releasee” herein) from any and all liabilities, claims, demands, losses, damages, costs or expenses (including, without limitation, attorneys’ fees and costs) (collectively, “Losses”) arising out of or in any way related to your participation in or attendance at the Activities; your attendance at the locations, places and/or buildings at, on or in which the Activities take place; or any first aid, treatment or any like service rendered in connection with the Activities, including, but not limited to, Losses (including, without limitation, Losses from BODILY OR MENTAL INJURY, ILLNESS OR DEATH) caused or alleged to be caused in whole or in part by (i) any Releasee’s own negligence, gross negligence, misconduct or otherwise, including negligent rescue operations; (ii) any claim, action, suit or demand brought by any third party against any Releasee by reason of or in connection with your participation in or attendance at the Activities, or your attendance at the locations, places and/or buildings at, on or in which the Activities take place; (iii) the voluntary disclosure of your medical information; or (iv) invasion of privacy, right of publicity, defamation, libel, slander, copyright infringement, trademark infringement, or any other claims or causes of action arising out of the use of your name, image, likeness, voice and/or other personal attribute(s) or other personal information (collectively, your “Personal Attributes”), to the extent permitted by applicable law. You further covenant and agree not to sue any Releasee or cause any Releasee to be sued regarding any matter released above, and to indemnify and hold harmless each Releasee from and against any Loss regarding any matter within the scope of this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement.

You agree to indemnify and hold Sunswell Contracting, its affiliates, and their respective officers, agents, instructors, partners, volunteers, and employees (collectively, the "Indemnified Parties") harmless from any loss, damage, costs, liability, claim, demand, proceeding, expense (including reasonable attorneys’ fees), or action brought, made, or threatened by any third party against Sunswell Contracting or the Indemnified Parties due to, in connection with, or arising out of: (i) your participation in, attendance at, or conduct during the yoga event (the "Event"); (ii) your breach or violation of this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement, including without limitation, any breach of your obligations, representations, and warranties set forth herein; (iii) your infringement or other violation of any third-party right, including without limitation, intellectual property, property, or privacy rights, in connection with the Event; (iv) any claim that your actions, behavior, or materials (including any photos, videos, or other content you create or share related to the Event) caused damage to Sunswell Contracting, an Indemnified Party, or any third party; (v) any interaction or transaction you conduct with other participants, vendors, or entities as a result of your attendance at the Event; or (vi) any activity related to your registration, participation, or presence at the Event, whether by you or any other person using your registration information or credentials. Sunswell Contracting reserves the right to assume the exclusive defense of any such claim, and you agree to provide us with such reasonable cooperation and information as we may request. You will not in any event settle any claim without the prior written consent of Sunswell Yoga.

You have read this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement, understand that you have given up substantial rights by agreeing to it, and have agreed to it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law. You hereby forever and irrevocably waive any and all rights to seek or obtain any injunctive or other equitable relief with respect to any matter within the scope of this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement, or to rescind, limit or disaffirm this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement.