Why You’re Reading This Document
 

The purpose of this release and waiver (the “ Waiver ”) is to openly communicate the risks of practicing yoga together, either in person or online, and have you release Kendra Coupland of any liability. Please be aware that if you do not sign this Waiver and agree to its terms, you will not be allowed to participate in classes.
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If you are under the Age of Majority in British Columbia (18 years old), your legal guardian must also sign this Waiver on your behalf.

PLEASE READ CAREFULLY, UNDERSTAND FULLY, AND ASK QUESTIONS IF ANYTHING IS UNCLEAR. I AM HERE TO SUPPORT YOU. BY SIGNING THIS, YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS AGREEMENT.
 

1. Parties . We will refer to Kendra Coupland Spiritual Wellness Coach, a sole proprietor based in the Province of British Columbia, as “ Kendra Coupland ”, “ I ” or “ me ” or “ my ”, and we’ll refer to you, the undersigned (electronically or by hand) or person who has clicked “I Agree” to this Waiver, as “ you ” or “ your ”.
 

2. The Activities. You may participate, in person or online, in yoga and exercise classes, sessions, programs, workshops and more with Kendra Coupland. I offer various levels of yoga and mindfulness practices, all of which may involve but are not limited to the following (“ Activities ”):
 

2.1. Mindfulness practices in the form of yoga asana, breathwork, meditation, contemplative practices, storytelling, conversation, mindfulness practices and relaxation. The activities could, on occasion, involve receiving physical adjustments for alignment from instructors, so please advise in advance if you do not want adjustments.
 

2.2. The Activities also apply to any classes made available for online streaming and participation, both live or pre-recorded, or that take place outside.
 

3. Equipment. In the course of the Activities, you will use a variety of equipment, which may include but is not limited to: blocks, blankets, bolsters, straps, mats, pillows, foam rollers, massage balls ( the “ Equipment ”). Please do not use any equipment not instructed by Kendra Coupland.
 

4. Inherent Risks. You understand and acknowledge that participation in the Activities involves inherent risks, some of which may be significant. These risks can result in injury, illness, or, in rare circumstances, death. By participating, you voluntarily accept and assume all such risks, whether known or unknown, foreseeable or unforeseeable. These risks include, but are not limited to:
 

4.1. Injuries which include but are not limited to things like muscle tears, strains, rhabdomyolysis and other musculoskeletal injuries, sprains, fractures, broken bones, cardiovascular complications, high blood pressure, dehydration, dizziness and fainting.
 

4.2. Exposure to and contraction of COVID-19 or other communicable diseases passed on via other participants and use of shared space, surfaces, or equipment.
 

4.3. There are additional risks posed by participating in the Activities online, as there is no in-person supervision or space provided for you, and you will therefore need to ensure the safety of the Activities, using your judgment to best practice them, not pushing yourself too far or attempting anything you feel unsure how to perform.
 

4.4. There may be other reasonable risks posed for Activities performed outdoors, such as tripping or collision with human or natural elements, sun exposure and risk of dehydration, insects, exposure to infections, diseases, pollutants, as well as other environmental factors. You understand and agree that is your responsibility to ensure a safe space and environment to perform the Activities.
 

4.5. If you are pregnant or recently gave birth, there are additional risks to your body and to the health of your fetus, including but not limited to pregnancy loss, low birth weight, or early delivery.

 

To the fullest extent permitted by the laws of the Province of British Columbia, you agree to waive any and all claims, and to release, hold harmless, and indemnify Kendra Coupland from and against any and all liability, claims, demands, damages, costs, or expenses arising out of or related to your participation in the Activities, including any injury, illness, loss, or damage you may suffer, whether caused by negligence or otherwise, except where such liability cannot be excluded under applicable law.
 

5. Affirmation of Health. By participating in any Activities with Kendra Coupland, you affirm that you have sought medical advice regarding your fitness and health and are certain of your ability to practice yoga. If you have any pre-existing medical conditions (e.g. asthma, diabetes, heart disease), physical injuries, weakness, are pregnant or post-natal, or have had recent surgeries, you must consult with your doctor first before engaging in the Activities, and you must fully inform me about any such conditions before participation. You agree to communicate and inform me IMMEDIATELY if at any point you do not feel well during the Activities.
 

6. Illness. Participants acknowledge that attending in-person Activities carries an inherent risk of exposure to communicable illnesses, including but not limited to COVID-19, influenza, and other respiratory or viral infections. By participating, you confirm that you are not experiencing symptoms of illness and do not knowingly pose a risk to others.
 

6.1 You agree that if, within 48 hours prior to any Activity, you experience symptoms of illness (including but not limited to fever, cough, sore throat, shortness of breath, gastrointestinal symptoms, or general unwellness), have tested positive for a communicable illness, or have had known close contact with someone who is ill, you will refrain from attending in-person Activities. You agree to notify Kendra Coupland of any relevant health concerns and to follow any reasonable health and safety measures that may be implemented in accordance with current public health guidance or at the discretion of the instructor.

 

7. Cancellation Policy. Cancellations or rescheduling require at least 24 hours’ notice prior to the scheduled class time. Changes made with less than 24 hours’ notice will result in the class being forfeited. Exceptions may be considered in cases of serious or unforeseen emergencies at the instructor’s discretion.

8. Subscription Cancellations. By subscribing to this website as a paid member, you agree to be charged at the time of subscription based on the type of plan you have selected. A member account is required to subscribe. Your subscription will be renewed automatically and billed to your credit card/PayPal account at the beginning of each subscription period until you cancel the service. You may cancel at any time. The monthly subscription plans are renewed automatically on 30-day intervals. All monthly memberships and subscriptions will automatically renew. Cancellations can be made by logging into the member’s area and selecting " Cancel Subscription " under the “My Subscription” tab at least 48 hours before the renewal date. Cancellations will terminate future use of any member’s only services, and automatic renewals will end.
 

9. Voluntary Assumption of Risk. You have read this Waiver and understand the risks of participating in the Activities with Kendra Coupland. Your signature below, electronic signature or clicking 'I Agree’, and your participation in the classes at Kendra Coupland illustrate your voluntary engagement and assumption of the risks of the Activities.
 

10. Release, Waiver and Indemnity. You hereby release, hold harmless, indemnify and waive any claims against Kendra Coupland, her contractors, employees, volunteers, agents, executors, administrators, successors, family members and assigns (the “ Released Parties ”) from any liability and damages arising from death or personal injuries, including the contraction of COVID-19 or other communicable diseases, however caused including as a result of Kendra Coupland’s negligence, during your participation in the Activities with Kendra Coupland. 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 these provisions above apply to you, your family, heirs, executors or anyone else who may be able to bring a legal action on your behalf in the future.
 

11. Media Release. Private classes are not recorded unless requested by the client. By joining groups whether online, in-person, or live-streamed classes or workshops, you agree to grant me the irrevocable right to use your image, name, likeness, photos, video content, audio recordings captured of you on-site or participating in the Activities or that you share with me online (via email, or social media) as part of my online streaming, recordings of classes made for students, or for marketing future classes throughout the world and in perpetuity. If you do not wish to be identified in online classes you are within your rights to turn your webcam or microphone off and/or use an alias for any livestreams or recorded classes. You also release me from all claims you may have relating to such use. Please let me know If you ever want me to stop using an image of you by emailing me at hello@kendracoupland.com and I will do my best to comply with your request.
 

12. Continued Agreement. Agreement to this Waiver will act as your continued agreement to all ensuing classes, sessions and/or workshops whether in person, online, or via video conferencing tool.
 

13. Valuables. You agree that I am not responsible for the loss or damage of any personal property you bring or leave at any classes, workshops, or retreats.
 

14. General Legal Provisions. Jurisdiction. This Waiver will be governed exclusively by the laws of the Province of British Columbia. Severability. If any provisions of this Waiver are invalid or unenforceable, the other provisions in the Waiver will remain in full force and effect. Entire Agreement. This Waiver constitutes the entire agreement between the parties and replaces any prior agreements.

Online Agreement

We agree that this Agreement may be signed electronically or agreed to by having you click “I Agree”, the effect of which will be the same as signing by hand and the intention of which is that both parties desire to be bound by all the terms of the Agreement. You agree that you have read this Waiver and fully understand its contents and voluntarily agree to be bound to all of its terms