RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
Please note that by signing this agreement, you give up certain legal rights, including the right to sue for any injury or damages, howsoever caused please read carefully. Terms of use subject to change.
TO: Ankh Body Inc. (“Ankh Body”) located at 608-1408 Strathmore Mews, Vancouver, BC, and all their respective directors, officers, members, employees, instructors, agents, and representatives.
WAIVER OF RIGHT TO SUE:
- I agree that by signing this agreement I give up the right to sue for any injury or damages, howsoever caused as a pre-condition to my use of the Ankh Body services, online classes, group, and one-on-one instruction provided in-person or via online video chat and participation in Yoga, Pilates and Meditation activities related to Ankh Body in further consideration of the Ankh Body owners allowing me to do so, that I will be strictly bound by the terms of this Release of Liability, Waiver of Claims, Assumption of Risk and Indemnity Agreement (“the Agreement”).
CONSULT A PHYSICIAN:
- I understand that Ankh Body strongly recommends that I consult my physician or alternative therapist before beginning any exercise, wellness or meditation program. I represent and warrant that I have no physical or mental condition that would prevent full participation in Pilates, Yoga nor Meditation.I agree to inform my instructor immediately of any physical or mental condition that would prevent my full participation in Pilates, Yoga or Meditation
TERMS OF USE:
- 3. I understand the Terms of Use contained in the attached Schedule “A” and that the Ankh Body services are provided in accordance with the Terms of Use.
ASSUMPTION OF RISK:
- The assumption of risk while using Ankh Body services and online classes is as follows:
a. I am fully aware and fully understand that Ankh Body is not a licensed medical care provider and represents that it has no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise, meditation or breathing techniques on a medical condition.
b. I understand that when participating in any exercise or exercise program, there is the possibility of physical injury and if I engage in an Ankh Body exercise or exercise program, I agree that I do so at my own risk, are voluntarily participating in these activities, assume all risk of injury to myself,
c.I understand that results from participating in activities provided by Ankh Body or use of Yoga blocks, straps or props may vary between users.
d.I realize that professional instruction cannot prevent serious injury from participating in Yoga, Pilates or Meditation.
e.I understand that it is my responsibility to select the courses and exercises that are appropriate for someone with my level of skill and ability.
WAIVER AND RELEASE:
5. I hereby waive any and all claims which I may have against Ankh Body, its owners, instructors, and employees and release Ankh Body, its owners, instructors, and employees from all liability for injury, death, property damage, or any other loss sustained by me or my children as a result of participating in the Yoga, Pilates, and or Meditation activities provided by Ankh Body, due to any cause whatsoever; including negligence, or breach of any statutory or other duty of care, including duty of care owed under the Occupiers Liability Act, RSBC 1996, c. 337, by the owners, instructors and/or the employees. I understand negligence includes the failure to take reasonable steps to safeguard and protect from risks, dangers, hazards of Pilates, Yoga, and or Meditation, use of Yoga blocks, straps, bolsters, or any props used in any of the Ankh Body videos including, but not limited to, hand weights and exercise balls.
LIABILITY OF OTHERS:
6. I appreciate that the Agreement limits the liability of the owners, instructors, and employees to the same extent as it limits the liability of Ankh Body even though they are not formal parties to the Agreement.
I AM 19 YEARS OF AGE OR OLDER, AND I HAVE READ AND UNDERSTAND THE AGREEMENT, I UNDERSTAND THAT THIS DOCUMENT CONTAINS A PROMISE NOT TO SUE ANKH BODY, ITS OWNERS, INSTRUCTORS, OR EMPLOYEES AND THAT IT CONSTITUTES A RELEASE OF LIABILITY AND AN INDEMNITY FOR ALL CLAIMS.
By “checking” the box or otherwise indicating assent electronically I agree on behalf of myself, my personal representatives, heirs, and assigned to the Ankh Body release of liability, waiver of claims, assumption of risk, and indemnity agreement as parent and/or guardian of the participant.
IF I AM THE PARENT AND/OR GUARDIAN OF THE PARTICIPANT I HAVE READ AND UNDERSTAND AND EXECUTE “THE AGREEMENT” ON BEHALF OF MY CHILD/WARD, I HEREBY AGREE TO INDEMNIFY AND SAVE HARMLESS ANKH BODY FOR ANY AND ALL CLAIMS, BY TO ON BEHALF OF OUR SAID CHILD IN RESPECT OF, OR ARISING OUT OF, ANY NEGLIGENCE, BREACH OF STATUTORY DUTY OF CARE AS IT RELATES TO THE USE OF THE ANKH BODY ONLINE CLASSES OR GROUP OR ONE-ON-ONE INSTRUCTION PROVIDED IN-PERSON OR ONLINE VIA VIDEO CHAT.
By “checking” the box or otherwise indicating assent electronically I agree on behalf of myself, my personal representatives, heirs, and assigned to the Ankh Body release of liability, waiver of claims, assumption of risk, and indemnity agreement as parent and/or guardian of the participant.
SCHEDULE “A”
TERMS OF USE
1. Private Lessons:
a. All members must sign a waiver prior to the beginning of the lesson. The waiver forms are available when you sign up for a membership and create a user account;
b. Available in-person or online via video chat; and
c. Adding a participant to a private session, in person or online, will cost an additional TEN ($10) Dollars) per person and the additional fee will be billed to the member that initially booked the private session.
2. Refund and Cancellation Policy:
a. All sessions and pre-paid packaged sessions provided by Ankh Body are non-refundable and there are no exceptions;
b. If a member wishes to cancel their session or class/workshop, that member must provide 24 hour advanced notice for privates, and 12 hours advanced notice for classes to Ankh Body via email. If less than 24 hour notice for privates is given, the member’s account will be deducted for that session. If there are no remaining pre-paid sessions on the member’s account, the member’s credit card will be charged for the price of the session, or the member will be billed for the class. If less than 12 hours advanced notice is given for classes or workshops, the member will be billed a $5 penalty fee to be paid upon receipt and before joining the next session.
c. Private sessions may be canceled via email at privatesankhbody@gmail.com, group classes may be canceled via email at ankhbody@gmail.com.
d. In the event that a member wishes to cancel their membership, they may do so at any time. However, no refund will be issued for the membership nor any pre-paid session that remains on the account at the time of cancellation. The member must give at least 30 DAYS notice of cancellation for monthly membership. All recurring monthly membership payments will stop at the time of cancellation.
3. Packages:
a. All packages and sessions (groups class and private sessions) are valid for one year from the date of purchase. Expired packages or sessions cannot be used, no exceptions.
4. Privacy Policy:
a. When you sign up for a membership we will ask for personal information, such as your name, email address, user name and account password;
b. When you make a purchase on the Ankh Body website, we request payment card or other payment account information, such as address;
c. When you send an email to Ankh Body, we will retain that communication in order to process your inquiries, respond to you requests and improve our services;
d. All appropriate measures will be taken to secure your information; and
e. We will never sell your personal information to a third party.
5. Disclaimer:
a. The materials on Ankh Body’s website are provided “as is” for your information and personal use only and may not be downloaded, copied, distributed, sold, or otherwise for any other purposes without the prior written content of Ankh Body. Further, Ankh Body does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on the Ankh Body web site or otherwise relating to such materials or on any sites linked to the website.
6. Intellectual Property:
a. All materials distributed, emailed for classes, given out or shown during workshops, are intended for personal use and are the sole ownership of Ankh Body. These materials cannot be reproduced or used in any context without the express written consent of Salma Allam.
7. Terms of Use Modifications:
a. Ankh Body may revise these Terms of Use for its website at any time without notice. By using the Ankh Body website you are agreeing to be bound by the then current version of these Terms of Use.
8. Governing Law:
a. Any claim relating to Ankh Body’s website or private sessions shall be governed by the laws of the Province of British Columbia.
Terms: 7 day free trial then $12.99* / month. You will automatically be charged at the end of the trial if you do not cancel before.