Thank you for your participation! The Cedar Wind Center has your well-being in mind, and keeping participants safe is the highest priority. As with any physical activity, there are associated risks. Tai Chi class is very accessible, yet carries with it a risk of falling with all the risks thereof, and other potential causes of injury, as will any standing/balancing practice. Our other Mind-Body classes carry various degrees of risk, many of which are shared with a wide range of yoga and fitness experiences. Thank you for reading and signing this form.
I, the participant signed below, hereby agree to the following:
1. I am participating in Tai Chi, holistic fitness, yoga classes, health programs, workshops and/or other Wellness/ mind-body activities (collectively, the “Activities”) offered by Ben Booth/Cedar Wind Center LLC (the “Teacher”). The Activities may be offered in the physical studio of the Cedar Wind Center at 1 Partners Lane, Westport MA, other indoor locations, or offered in outdoor settings or online by videos, television, podcasts, apps or other digital media or platforms. All of such offerings, either physical or online, shall be considered “Activities.”
2. I recognize that I must be in adequate physical and mental health to participate in the Activities. I understand that the Activities may require moderate to intense physical exertion, and I represent and warrant that I am physically fit enough to participate, and I have no known medical condition which would prevent my participation in the Activities. I recognize that the Activities may cause or aggravate a physical injury or medical condition. I understand that it is my responsibility to consult with a physician before my participation in the Activities. If I have done so, I have taken the physician’s advice. I understand that the Teacher reserves the right to refuse my participation in any Activity on medical, fitness or any other grounds.
3. I understand that the Teacher offers a range of programs and I will participate in those that best suit my physical capabilities. I am aware that my participation in the Activities could result in a fall, physical injury, and a range of exertion related cardiovascular events and may aggravate pre-existing injuries. I understand that I could experience muscle, joint, skeletal and other injuries as a result of my participation in the Activities. I understand my physical limitations and I am sufficiently self-aware to stop or modify my participation or the way in which I participate in any Activity before I become injured or aggravate a pre-existing injury. I will take a seat if I need to rest or otherwise care for myself to prevent injury or the aggravation of existing injury/injuries.
4. I will not come to class if I am sick or feeling unwell, and I recognize that the Activities are in group settings with the inherent risk of exposure thereof.
5. In consideration of being permitted to participate in the Activities, I agree to assume full responsibility for any risks, injuries or damages, known or unknown, which I might incur as a result of participating in the Activities, including those which may result from the negligence of the Teacher.
6. In further consideration of being permitted to participate in the Activities, I knowingly, voluntarily and expressly waive any “Claim” (as defined below) I may have against the Teacher and any of Teacher’s employees, independent contractors, assistants or volunteers (each, a “Released Party”) that I may sustain as a result of participating in the Activities even if the Claim arises from the negligence of Released Party or anyone else. I agree to indemnify and hold harmless Released Party from any loss, cost, or liability incurred in defending any Claim made by me or anyone making a Claim on my behalf, even if the Claim is alleged to or did result from the negligence of Released Party or anyone else. "Claim” includes but is not limited to any and all liabilities, claims, demands, expenses, fees, legal actions, rights of actions for damages, personal injury, mental suffering and distress, or death that I may suffer, my spouse, children or unborn child may suffer (including any legal fees or expenses) in connection with participation in any Activity.
7. I, my heirs or legal representatives forever release, waive, discharge and covenant not to sue any Released Party for any Claim caused by any negligence or other acts of any Released Party.
8. This agreement shall be construed in accordance with, and governed by, the laws of the State of Massachusetts and that all actions, suits, claims and proceedings relating to this agreement shall be brought in a court of competent jurisdiction located in southern/eastern Massachusetts. In case any provision of this agreement shall be held invalid, illegal or unenforceable, it shall not affect any other provision of this agreement and this agreement shall be construed as if such provision had never been contained herein.
I acknowledge that I have carefully read this agreement and fully understand its contents. I voluntarily and knowingly agree to the terms and conditions stated herein. I am aware that by signing this agreement, I am giving up substantial rights, including my right to sue and certain legal rights my heirs, next of kin, executors, administrators and assigns may have against any Released Party.