by SEQ Legal
This disclaimer governs our yoga classes. We will ask you to sign this disclaimer before taking part in any yoga class.
You acknowledge that all exercise involves a risk of personal injury, including a small risk of serious injury or death, and agree to take responsibility for your health and well-being in relation to our yoga classes.
This disclaimer was created using an SEQ Legal template.
(3) Health and medical conditions
You acknowledge and represent that:
to the best of your knowledge, you suffer from no medical or physical condition or disability that will or might increase the normal risks associated with exercise; [and / or]
your doctor has approved your participation in our yoga classes.
[In addition, if you are over 65 years old, you must obtain your doctor's approval before
participating in our yoga classes.]
[Doctors' approvals under this section 3 must be in writing and copies must be provided to us [upon request].]
[You must complete and sign health and fitness questionnaire before participating in any of our yoga classes. You acknowledge and represent that you will complete or have completed the questionnaire to the best of your knowledge and ability.]
You must inform us, as soon as possible, if:
you suffer from any [new] injury, illness or other medical condition;
you feel any pain or discomfort during an yoga class; or
1 This disclaimer has been created for use in relation to yoga classes.
This is not a complete set of terms and conditions in relation to the provision of yoga classes. It is concerned exclusively with the disclaiming of liability in relation to yoga classes.
Disclaimers are regulated by law. The regulation of disclaimers is relatively complex, and the terms of a disclaimer may not be enforceable in particular circumstances.
The use of the disclaimer will not affect your mandatory obligations under health and safety law.
The disclaimer has been drafted from the perspective of English law. It should be amended as appropriate by a lawyer before use in relation to another jurisdiction.
If you have any doubts about the use of this disclaimer, you should take professional legal advice.
you feel that any exercise included in an yoga class would be unsafe or uncomfortable for you.
We may in our sole discretion prohibit you from participating in an yoga class; and you must comply with all of our instructions in relation to our yoga classes.
(4) No representations or warranties
To the maximum extent permitted by applicable law and subject to section 6 below, we exclude all representations, warranties, undertakings and guarantees relating to our yoga classes.
Without prejudice to the generality of the foregoing paragraph, we do not represent, warrant, undertake or guarantee:
that you will not suffer from any injury arising directly our indirectly out of our yoga classes;
that your fitness will measurably improve as a result of participation in our yoga classes; or
that the yoga classes will continue to run for any specific period.
(5) Limitations and exclusions of liability
The limitations and exclusions of liability set out in this section and elsewhere in this disclaimer: are subject to section 6 below; and govern all liabilities arising under the disclaimer or in relation to our yoga classes, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
We will not be liable to you in respect of any personal injury (including without limitation serious injury or death) that you may suffer or sustain directly or indirectly as a result of attending our yoga classes. Nor will we be liable to you in respect of any other losses arising as a result of any such personal injury.
We will not be liable to you in respect of any of your personal property that is lost, stolen or damaged before, during or after an yoga class.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
Nothing in this disclaimer shall: limit or exclude our liability for death or personal injury resulting from negligence; limit or exclude our liability for fraud or fraudulent misrepresentation; limit any of our liabilities in any way that is not permitted under applicable law; or exclude any of our liabilities that may not be excluded under applicable law.
If a section of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other sections of this disclaimer continue in effect.
If any unlawful and/or unenforceable section would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the section will continue in effect.
(8) Law and jurisdiction
This disclaimer shall be governed by and construed in accordance with English law, and any disputes relating to this disclaimer or our yoga classes will be subject to the exclusive jurisdiction of the courts of England and Wales.
(9) Our details
In this disclaimer, "we" means (and "us" and "our" refer to) Lucy Gray trading as Lucylou Yoga.