Terms & Conditions

RELEASE OF LIABILITY AND ASSUMPTION OF RISK
I, student at Balanced Being (referred to as “I”, “me”, or “my”), desire to participate in yoga, movement and wellness activities and services that may include strenuous physical activity, including, but not limited to, weight training, plyometrics, cardiovascular exercise, and other fitness and exercise activities (the “Activity”) provided by Sarah Baxter (“Sarah”) and/or Balanced Being Yoga & Wellness LLC, a Texas limited liability company (“Balanced Being”) at 1917 Greenville Ave, Ste 110, Dallas, Texas 75206 (the “Primary Location”), such Activity to be conducted at the Primary Location or at any other location at which Sarah and/or Balanced Being might consent to conduct the Activity (such locations, together with the Primary Location, the “Premises”). In consideration of being permitted by Sarah and/or Balanced Being to enter the Premises and/or to participate in the Activity, and in recognition of Sarah’s and Balanced Being’s reliance hereon, I agree to all the terms and conditions set forth in this agreement (this “Release”).

1. I have been strongly encouraged to consult with my physician prior to starting an exercise program or increasing the intensity of an existing program (in each case, including the Activity). I assume this responsibility as indicated by my signature and if I choose to, will act on this advice prior to the implementation of any recommendations made by Sarah and/or Balanced Being. I hereby affirm that, to the best of my knowledge, I do not suffer from any condition that would prevent or limit my participation in this fitness program (including the Activity) and have not withheld any related information from Sarah and/or Balanced Being. In addition, I acknowledge that if my health changes, it is my responsibility to recognize the change and seek medical advice to help me decide if my continued participation in any fitness program (including the Activity) or any part of any fitness program (including the Activity) is still right for me. I have been informed and understand that physical exercise (including the Activity) has been associated with certain risks, including but not limited to musculoskeletal injury, broken bones, shin splints, knee and lower back injuries, pulls or tears, spinal injuries, abnormal blood pressure responses, any other illness, soreness, or injury and in rare instances, heart attack or death. I am aware and understand that the Activity is a potentially dangerous activity and involves the risk of serious injury, disability, death, and/or property damage. I am also aware of the highly contagious nature of bacterial and viral diseases, including, but not limited to, COVID-19 (collectively, the “Illness”) and the risk that I may be exposed to or contract the Illness by being on the Premises and engaging in the Activity, which may result in illness, personal or psychological injury, pain, suffering, temporary or permanent disability, death, property damage, and/or financial loss. I acknowledge that these risks may result from or be compounded by the actions, omissions, or negligence of Sarah and/or Balanced Being employees or others, including negligent emergency response or rescue operations of Sarah and/or Balanced Being. I understand that while Sarah and/or Balanced Being have implemented measures to reduce the risk of injury from the Activity and the spread of the Illness, neither Sarah nor Balanced Being can guarantee that I will not be injured or become infected with any Illness or other infectious diseases while on the Premises or during my participation in the Activity and that being on the Premises and engaging in the Activity may increase my risk of contracting the Illness. NOTWITHSTANDING THESE RISKS, I ACKNOWLEDGE THAT I AM VOLUNTARILY ACCESSING THE PREMISES AND PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGERS INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF ILLNESS, PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS ARISING THEREFROM, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF SARAH AND/OR BALANCED BEING OR OTHERWISE.
2. I hereby expressly waive and release any and all claims, now known or hereafter known, against Sarah and Balanced Being (as well as against Balanced Being’s officers, directors, manager(s), employees, agents, affiliates, members, successors, and assigns) (collectively, “Releasees”) on account of personal or psychological injury, illness, pain, suffering, temporary or permanent disability, death, property damage, or financial loss arising out of or attributable to my being on the Premises or participating in the Activity, whether arising out of the ordinary negligence of Sarah, Balanced Being or any Releasees or otherwise. I covenant not to make or bring any such claim against Sarah, Balanced Being or any other Releasee, and forever release and discharge Sarah, Balanced Being and all other Releasees from liability under such claims. This waiver and release does not extend to claims for gross negligence, willful misconduct, or any other liabilities (each, “Unreleasable Claims”) to the extent that Texas law does not permit such Unreleasable Claims to be released by agreement.
3. I confirm that I: (a) am in good health and proper physical condition and do not have any medical or other conditions that would impair my ability to participate in the Activity; and (b) each time I enter the Premises or participate in the Activity, I am not experiencing symptoms of the Illness (such as cough, shortness of breath, sore throat, congestion, headache, muscle or body aches, chills, or fever), do not have a confirmed or suspected case of the Illness, and have not come in contact in the last 14 days with a person who has been confirmed to have or suspected of having the Illness. I will comply with all federal, state, and local laws, orders, directives, and guidelines related to the Activity and the Illness while on the Premises or participating in the Activity, including, without limitation, requirements related to hand sanitation, social distancing, and use of face coverings and safety equipment. I will also follow all instructions, recommendations, and cautions of Sarah and/or Balanced Being at all times while on the Premises or during the Activity. If at any time I believe conditions to be unsafe, that I am no longer in proper physical condition to participate in the Activity, or I begin experiencing symptoms of the Illness, I will immediately discontinue further participation in the Activity. I acknowledge that each of Sarah and Balanced Being are relying on these statements as material inducements to their agreement to allow me to participate in the Activity.
4. I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless Sarah and Balanced Being from any claim based on such treatment or other medical services.
5. This Release constitutes the sole and entire agreement of Sarah, Balanced Being and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of Sarah, Balanced Being and me and each of our respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Dallas County, Texas, and I hereby consent to the exclusive jurisdiction of such courts.