Acceptance of Release
Matthew Korn Yoga, LLC / Matthew Korn Yoga / Matthew Korn ("Us," "Our," "We," and “MKY") and its subsidiary and affiliate companies makes the website www.matthewkornyoga.com (the "website") available to you subject to the following Release.
By using and/or visiting this website, you assent that you have read, understand, and agree to this Release. If you do not agree to abide by these terms, then please do not use, access, or make purchases through this website.
Express Assumption of Risk
You, the Participant, are aware that there are significant risks involved in physical yoga training, including but not limited to, the physical training inherent to all yoga exercise activities, and that my participation in any such physical training program carries with it the potential for death, injury, and/or property damage. The risks include, but are not limited to, falls which can result in serious injury or death; injury or death due to negligence on the part of myself, your training partner, or other people around you; injury or death due to improper use or failure of equipment; strains and sprains; dehydration; those risks caused by terrain, facilities, temperature, weather, condition of athletes, equipment, vehicular traffic, actions of other people including, but not limited to, participants, volunteers, spectators, coaches, and trainers. These risks are not only inherent to physical training and athletics, but are also present for volunteers and spectators. You are aware that any of these above mentioned risks may result in serious injury or death to you and or your partner(s). You willingly assume full responsibility for the risks that you are exposing yourself to and accept full responsibility for any injury or death that may result from participating, volunteering or watching in any physical training, including this yoga program. You realize that liability may arise from negligence or carelessness by the persons or entities being released, from dangerous or defective equipment or property owned, maintained or controlled by them or because of their possible liability without fault. You acknowledge that you have no physical impairments, injuries, or illnesses that will endanger others or yourself.
Release of Liability
You, the Participant, acknowledge that you are willingly participating in these activities and that you have assumed all risks as described above. In consideration for you being allowed to participate in the activities offered, you, the Participant, hereby release Matthew Korn / Matthew Korn Yoga, LLC and the hosting organization, their principals, agents, employees, and volunteers from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with your participation in this activity, including those allegedly attributed to the negligent acts or omissions of the above mentioned parties. This agreement shall be binding upon successors, my representatives, heirs, executors, assigns, transferees, or me. If any portion of this agreement is held invalid, you agree that the remainder of the agreement shall remain in full legal force and effect. If you are reading this on behalf of a minor child, you also give full permission for any person connected with the hosting organization to administer first aid deemed necessary, and in case of serious illness or injury, you give permission to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the well-being of the child.
You, the Participant, recognize that there is risk involved in the types of activities offered; therefore, the Participant accepts full financial responsibility for any injury that the Participant may cause either to him/herself or to any other participants due to his/her negligence. Should the above-mentioned parties, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, you agree to reimburse them for such fees and costs. You further agree to indemnify and hold harmless Matthew Korn / Matthew Korn Yoga, LLC and the hosting organization, their principals, agents, employees, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in activities offered, including yourself. This includes but is not limited to parks, recreational areas, playgrounds, areas adjacent to main building, and/or any area selected for training.
Arbitration & Governing Law
The laws of New Jersey shall govern this agreement (without reference to its principles of conflicts of law), and venue for any court proceeding shall be in New Jersey and any right to jury trial shall be waived. You agree that your sole remedy for any dispute, whether in contract, tort, or otherwise, with Matthew Korn / Matthew Korn Yoga, LLC is to submit to binding arbitration with an arbitrator within six (6) months of the incident giving rise to the cause of action, even if that time is less than the applicable statute of limitations. In the event of arbitration, you will be responsible for all costs of the arbitrator and other costs of arbitration, and you will be responsible for all of costs for your legal counsel.
You, the Participant, authorize Matthew Korn / Matthew Korn Yoga, LLC use of your email provided for inclusion on all email lists, mailing lists, and web-based publications. You also grant Matthew Korn / Matthew Korn Yoga, LLC permission to use your likeness in a photograph, video, or other digital media in any and all of its publications, including email and web-based publications, without payment or other consideration. You understand and agree that all media will become the property of Matthew Korn / Matthew Korn Yoga, LLC and will not be returned. You hereby irrevocably authorize Matthew Korn / Matthew Korn Yoga, LLC to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, you waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, you waive any right to royalties or other compensation arising or related to the use of the photo.
If you have questions or concerns regarding this Release, please contact us at the information provided here. We will take all reasonable steps to respond to your request.