PARTICIPANT AGREEMENT INCLUDING PHOTOGRAPHY RELEASE, ASSUMPTION OF RISK, WAIVER OF LIABILITY AND INDEMNIFICATION
I accept the following terms and conditions for the Yoga Classes and training (“Yoga Exercises”) to be provided to me by Digital Asana LLC, d/b/a OmPractice, or its staff, employees, contractors, studio partners, and the Department of Veterans Affairs and/or additional organizational partners (collectively “Digital Asana”).
- I hereby hold harmless, indemnify, and irrevocably release Digital Asana from all claims, demands, and causes of action, related to my participation in the Yoga Exercises, which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have.
- I agree to abide by instructions as given to me by Digital Asana for the Yoga Exercises.
- I acknowledge that participation in any Yoga Exercises could constitute a risk of serious injury to myself. I voluntarily and knowingly recognize, accept and assume this risk and warrant that I am physically fit and able to perform the Yoga Exercises.
- I understand that I am to receive instruction in Yoga Exercises and theory only. Digital Asana shall not provide any other advice, training or medical assistance.
- I hereby grant permission to Digital Asana to photograph and record video of my image or likeness and to edit such photographs and videos for any use, including web-based publications and other digital media, without payment or other consideration. I understand that all photos and videos will become the exclusive property of Digital Asana.
- I agree that I will not record, make video or sound recordings, or take photographs of the Yoga Exercises without Digital Asana’s prior written consent which Digital Asana may withhold in its sole discretion.
- I agree that I will not display, stream, broadcast or transmit the Yoga Exercises or allow other persons other than myself to participate, watch or view the Yoga Exercises.
- I agree that the foregoing assumption of risk, release and waiver of liability and indemnity agreement is intended to be as broad and inclusive as is permitted by state law and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
- I will only use the Service solely for lawful purposes, as intended through the provided functionality of the Service. I will not use the Service in any manner that could damage, disable, overburden, or impair Digital Asana’s servers or networks, or interfere with any other party’s use and enjoyment of the Service. I will not attempt to gain unauthorized access to the Service, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, I expressly agree that I will not (and I agree not to allow or assist any third party to):
a. use, copy, install, transfer or distribute the Service, except as specifically permitted by these Terms;
b. modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Service or its Content (as defined below);
c. remove or alter any copyright, trademark or other proprietary rights notices contained in or on the Service or in or on any content or other material obtained through the Service or the use of the Service;
d. create user accounts by automated means or under false or fraudulent pretenses;
e. use any robot, spider, screen or database scraper, site search or retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Service;
f. probe, scan or test the vulnerability of any system or network or breach any security or authentication measures;
g. reformat, mirror, or frame any portion of the web pages that are part of the Service;
h. express or imply that any statements I make are endorsed by us, without our prior written consent in each instance;
i. transmit (i) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party’s intellectual property or other rights, (ii) any material, non-public information about individuals or companies without the authorization to do so, (iii) any trade secret of any third party, and/or (iv) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us), or engage in spamming or flooding;
j. transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component; use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
k. harvest or collect information about other users without their prior written consent;
l. undertake, cause, permit or authorize the translation, reverse engineering, disassembling or hacking of any aspect of the Service, including Content, or attempt to do any of the foregoing, except and solely to the extent permitted by these Terms, the Service’s authorized features, or by law, or otherwise attempt to use or access any portion of the Service other than as intended by Digital Asana;
m. access, tamper with, or use non-public areas of the Service, Digital Asana’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of Digital Asana’s providers;
n. harass, abuse, harm or advocate or incite harassment, abuse or harm of another person or group, including Digital Asana employees and other users;
o. create a new account with the Service, without our express written consent, if we previously disabled an account of yours;
p. solicit, or attempt to solicit, personal information from other users, except as permitted through the Service’s functionality;
q. restrict, discourage or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of such person, or collect information about users;
r. gain unauthorized access to the Service, to other users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service;
s. violate any applicable federal, state or local laws (including laws requiring the consent of subjects of audio and video recordings), regulations or these Terms;
t. use the Service for any illegal, inappropriate and/or unauthorized conduct, including without limitation, using the Service to contact other Digital Asana users for sexual or other inappropriate purposes, or using the Service in violation of Digital Asana’s or any third party’s intellectual property or other proprietary or legal rights; or
u. use or access the Service to build a competing service. We may take any legal action and implement any technical remedies to prevent the violation of these provisions and to enforce these Terms.
I HAVE READ AND FULLY UNDERSTAND THE ABOVE WAIVER, ASSUMPTION OF RISK, AND PHOTOGRAPHY RELEASE. I AFFIRM THAT I AM AT LEAST 18 YEARS OF AGE.
* If a participant is a minor (less than 18 years of age), the parental or guardian signature above indicates full understanding of the above terms and, as may be permitted by law, is waiving both the rights of the minor participant and the rights of the parent/guardian pursuant to this Agreement.