Waiver and Release of Liability

⸻ Stretch Muse Management Waiver and Release of Liability Please read and sign the waiver before proceeding to checkout and participating in Stretch Muse Management’s services. Welcome. Before participating in Stretch Muse Management’s services, whether in person, online, livestreamed, recorded, or otherwise delivered, we require you to thoroughly read, understand, and agree to this Waiver and Release of Liability (the “Waiver”). The purpose of this Waiver is to clearly communicate some risks of participating with us and to have you release Stretch Muse Management of any liability if you get injured or sick, if you experience complications or side effects, if any of your belongings are lost, stolen, or damaged, or if anything else goes wrong. If you do not complete and agree to this Waiver and its terms, you will not be permitted to participate in any services. If you are a minor in the Province of British Columbia or in your place of residence, your legal guardian must also sign this Waiver on your behalf. PLEASE READ CAREFULLY TO MAKE SURE YOU UNDERSTAND THIS WAIVER. PLEASE ASK QUESTIONS IF ANYTHING IS UNCLEAR. WE ARE HERE TO SUPPORT YOU. BY SIGNING THIS YOU AGREE YOU ARE SIGNING AWAY YOUR LEGAL RIGHTS TO SUE, AND YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS WAIVER. ⸻ 1. Parties We are Stretch Muse Management, operating in the Province of British Columbia. In this Waiver, we will refer to ourselves as “Stretch Muse Management,” “us,” “we,” and “our.” We will refer to you, the undersigned (electronically or by hand), or the person who has clicked “I Agree” (or something similar) to this Waiver, as “you” or “your.” ⸻ 2. The Activities As part of your services with Stretch Muse Management, you may participate, in person or online, in Yoga, Dance, Flexibility Training, AcroDance, Contortion, Handstands, Floorwork, Barre, and exercise classes, sessions, livestreams, events, workshops and more, all of which may involve but are not limited to the following (“Activities”): 2.1 Stretching and flexibility training in the form of Yoga poses, bodyweight and strength exercises, breathwork, meditation and relaxation. Some classes may take place in a heated room (the range of heat for hot classes is between 90°F/32°C and 105°F/41°C). 2.2 Flexibility training intended to enhance the ability of a muscle or muscle group to lengthen through a range of motion using stretching techniques that may include static, active, isometric, PNF, or ballistic methods. 2.3 Mobility training that works to enhance the ability of a joint to move actively through a range of motion. Training could include bodyweight exercises, hand balancing, strength exercises, range of motion exercises, breathing exercises, visualization, imagery and relaxation exercises. 2.4 Dance and creative movement, choreography, flexibility training, contortion, bodyweight exercises, locomotor movements, stretching and resistance exercises, acrobatic dance, strength exercises, mobility, range of motion exercises, breathing exercises. 2.5 Strength and fitness training, core exercises, high intensity exercises, flexibility training, bodyweight exercises, locomotor movements, stretching and resistance exercises, strength exercises, mobility, range of motion exercises, and breathing exercises. 2.6 The Activities may involve physical contact in the form of adjustments from instructors, so please let us know in advance if you do not want adjustments, assists, or spotting. 2.7 The Activities also apply to any classes made available for online streaming and participation, both live or recorded, or that take place outside of Stretch Muse Management’s facilities, including outdoors. You agree that you are responsible for the safe facilitation of the Activities happening outside of our facilities. ⸻ 3. Equipment In the course of the Activities, you may use a variety of equipment, which could include but is not limited to: yoga blocks, bolsters, straps, mats, resistance bands, dumbbells, foam rollers, massage balls, chairs, Pilates balls, ballet barres, stage props, poles, pull-up frames, and other training tools. Please use only equipment as instructed by Stretch Muse Management staff. ⸻ 4. Inherent Risks You understand that participation in the Activities may pose inherent risks, some more serious than others. These risks can result in serious harm and injuries that could change your quality of life and, in very rare and extreme circumstances, could even result in death. 4.1 Risks of physical injury may include but are not limited to bruises, muscle tears, strains, musculoskeletal injuries, sprains, fractures, broken bones, cardiovascular complications, high blood pressure, dehydration, dizziness, concussions, spinal injuries and fainting. 4.2 As with any physical activity, there are additional risks for pregnant or post-natal participants to the health of the fetus and the participant’s body, including but not limited to pregnancy loss, low birth weight, early delivery and postpartum complications. 4.3 There are risks posed by participating in the Activities online, as there is no in-person supervision or space provided for you. You must therefore ensure safety using your judgment, not pushing yourself too far or attempting anything you feel unsure how to perform. 4.4 If the Activities are performed outdoors, risks may include but are not limited to tripping, collision with human or natural elements, sun exposure, dehydration, insects, exposure to infections, diseases, pollutants, and other environmental factors. You understand and agree it is your responsibility to ensure a safe space and environment to perform the Activities. You acknowledge that you are responsible for ensuring adequate floor space, safe and stable flooring, proper footwear (if applicable), and appropriate equipment setup before participating. 4.5 We emphasize that your release of our liability is not limited to these risks. The risks listed above are examples only. To be completely clear, you are agreeing not to sue us at all. ⸻ 5. Affirmation of Health By participating in any Activities with Stretch Muse Management, you affirm that you have sought medical advice regarding your fitness or are certain of your ability to engage in the Activities. If you have any pre-existing medical conditions (e.g. asthma, diabetes, heart disease), physical injuries, weakness, are pregnant, post-natal or post-surgery, you should consult with your doctor before engaging in the Activities. Please communicate and inform us IMMEDIATELY if at any point you do not feel well during the Activities. ⸻ 6. Communicable and Infectious Disease You understand that participation in the Activities, particularly in-person, may increase your risk of exposure to communicable or infectious diseases, including but not limited to COVID-19, influenza, or other viral or bacterial illnesses. You acknowledge that Stretch Muse Management cannot guarantee that you will not be exposed to or contract an illness while participating in the Activities. You agree not to attend or participate in any in-person Activities if you are experiencing symptoms of illness, have tested positive for a communicable disease within a period advised by public health authorities, or have been advised to isolate or restrict your activities. You voluntarily assume all risks related to exposure to communicable or infectious diseases and agree that Stretch Muse Management and the Released Parties shall not be held liable for any illness, injury, complication, or related damages arising from such exposure. 6.1 Compliance with Public Health Measures You agree to comply with all public health guidelines, studio policies, and safety measures in effect at the time of participation. 6.2 Consent to Disclosure if Required by Law You understand and agree that Stretch Muse Management may disclose your personal information to relevant authorities if required by law or public health regulations. ⸻ 7. Voluntary Assumption of Risk You certify that you have read this Waiver and understand the risks of participating in the Activities with Stretch Muse Management. By providing your electronic signature to this Waiver or clicking “I Agree” (or something similar), you are voluntarily engaging in and assuming the risks of the Activities. ⸻ 8. Lost or Stolen Personal Items You agree that it is solely your responsibility to safeguard your personal items, and Stretch Muse Management is not responsible for any personal property that is damaged, lost, or stolen before, during, or after participation in the Activities. ⸻ 9. Release, Waiver and Indemnity You hereby release, hold harmless, indemnify and waive any claims against Stretch Muse Management and its owners, directors, officers, contractors, employees, affiliates, volunteers, associates, landlords, agents, executors, administrators, successors, family members and assigns (the “Released Parties”) with respect to any and all liability and damages incurred during, or in any way associated with, your participation in the Activities with Stretch Muse Management, however caused, including as a result of the Released Parties’ negligence, including but not limited to damage to or loss of personal property, personal injuries, death, illness, or any cause of action related to premises liability. You are releasing the Released Parties at your own risk and you agree to forfeit any and all forms of legal recourse which may be available to you, including but not limited to any form of damages, as a result of your participation in the Activities. You agree that this provision applies to you, your family, heirs, executors, or anyone else who may be able to bring a legal action on your behalf in the future. ⸻ 10. Continued Agreement Agreement to this Waiver acts as your continued agreement to all ensuing Activities and any further interactions with Stretch Muse Management, whether in person, online, or via video conferencing tool. ⸻ 11. General Legal Provisions Choice of Laws and Venue This Waiver is governed exclusively by the laws of the Province of British Columbia. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the Province of British Columbia. Severability If any provision of this Waiver is invalid or unenforceable, the remainder will remain in full force and effect. Entire Agreement This Waiver constitutes the entire agreement between the parties and replaces any prior agreements. Electronic Agreement By completing and submitting this form, including checking “I Agree,” entering your name, and providing your electronic signature below, you acknowledge that this agreement is legally binding and has the same effect as a handwritten signature. Your submission is timestamped and recorded for our records. ⸻