By electronically signing or otherwise electronically accepting this Release and Waiver of Liability (this “Release and Waiver”), I expressly agree to the following:

1. I am participating in yoga classes, health programs, workshops and/or other wellness, bodywork, therapy, exercise and healing arts activities (collectively, the “Activities”) offered by Purple Yoga Hawaii (“PYH”). The Activities may be offered in PYH’s physical location, at other studio location(s), online/virtually by videos, podcasts, apps, live-streaming or other digital media or online platforms. Such Activities may involve strength, flexibility, aerobic, cardio and/or other exercises, including the use of equipment, apparatus, or verbal instruction, as well as soft tissue manipulation or manual adjustments, either active or passive (all of which may include the instructor, assistant, trainee or mentee, guiding my body to a pose or specific movement). All such offerings, either in-person or online/virtually, shall be considered “Activities.”

2. I understand that I must be in good physical and mental health to participate in the Activities, that my participation may cause an injury and that I should consult with my physician before I participate in the Activities. If I have done so, I have taken and will take the physician’s advice. I understand that the Activities may require intense physical exertion, and I represent and warrant that I am physically fit enough to participate, and I have no medical condition which would prevent my full participation in the Activities. I recognize that the Activities may cause or aggravate a physical injury or medical condition. I am participating in the Activities at my own risk. I understand my physical limitations and it is my sole responsibility to stop or modify my participation in any Activity before I become injured or aggravate a pre-existing injury. I understand that PYH reserves the right to refuse my participation in any Activity on medical, fitness, or any other grounds. I understand and agree that PYHo does not diagnose or prescribe treatment for any illnesses or injuries and that the Activities are not a substitute for medical treatment or care. I agree to inform PYH in advance of each class if I prefer not to receive manual adjustments. Failure to do so will be deemed implied consent to receive manual adjustments in a class.

3. 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, including any transmission of sickness, virus, pathogen, or disease, which I might incur as a result of participating in the Activities at PYH, including those which may result from PYH’s negligence. This Release and Waiver, includes but is not limited to, any and all incidents occurring on PYH owned, operated or controlled premises, including slip or trip and fall incidents, regardless of the cause.

4. 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 PYH, its owners, managers, teachers, instructors, assistants, mentees, workshop presenters, employees, independent contractors, and staff (each, a “Released Party”) that I may sustain as a result of participating in the Activities at PYH even if the Claim arises from the negligence of any Released Party or anyone else.

5. I agree to indemnify and hold harmless each 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 any 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.

6. 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 a Released Party.

7. I hereby understand that PYH from time to time may photograph, video, or otherwise record Activities, classes or events occurring at PYH and place such photographs and videos on its website or social media platforms. I hereby consent to the use of my image that may appear in any such photograph or video.

8. I expressly understand and acknowledge that I will be automatically opted into PYH communications with regard to the Activities, marketing or anything else and it is my duty to opt out through the procedures outlined in such communications.

9. This Release and Waiver shall be construed in accordance with, and governed by, the laws of the State of Hawaii and all actions, suits, claims and proceedings relating to this Release and Waiver shall be brought in a court of competent jurisdiction located in Hawaii. In case any provision of this Release and Waiver 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 Release and Waiver and fully understand its contents. I voluntarily and knowingly agree to the terms and conditions stated herein. I am aware that by signing this Release and Waiver, 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.