(1)      Introduction

This disclaimer governs video yoga classes produced and published by Flourishing Lives Limited and Heather K Powell on these sites. By viewing the content you are agreeing to the terms and conditions which govern this site, along with the following addition. Please sign and file this disclaimer before taking part in any session.

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 these yoga classes.

(2)      Credit

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

  • your doctor has approved your participation in these yoga classes.

Doctors’ approvals under this section 3 must be in writing and copies must be provided to us upon request.

As these video yoga sessions can be undertaken by you with no trained yoga teacher physically present to watch and guide you, that you understand and take full responsibility for doing each practice in such a way that your body is comfortable and safe, and not undertake a practice in such a way which would be unsafe or uncomfortable for you.

You acknowledge that you understand the practices

  • are offered in good faith.
  • That you are the sole authority about the state of your own body at the time of undertaking the practices and do so with this full responsibility in mind.
  • That you will not undertake a practice which, at the time, is not appropriate for your body.

(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 or indirectly out of these 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 be available 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 these 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 your participation in these 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 these 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.

(6)      Exceptions

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.

 (7)      Severability

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 New Zealand law, and any disputes relating to this disclaimer or these yoga classes will be subject to the exclusive jurisdiction of the courts of New Zealand.

(9)      Our details

In this disclaimer, “we” and “us” and “our” refer to Flourishing Lives Limited and Heather K Powell of 153 Carnoustie Drive, Auckland New Zealand.

(10)    Instructors

The limitations and exclusions of liability in this disclaimer protect our instructors as well as protecting us.

 

 

I HAVE READ, UNDERSTOOD AND AGREE TO THE TERMS OF THIS DISCLAIMER

SIGNATURE:

 

PRINT NAME:

 

ADDRESS:

 

DATE:

 

Download a PDF copy of this disclaimer HERE