Body-Mind-Spirit Online Movement Class

Single Class $8.00 

3-Class Package   $18.00 

Online 40-minute class will be held on  Thursday at 10 am Central Time via Zoom.

Access link will be emailed to you upon registration.

 

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Outdoor “in-person” Class is limited to 10 people (including Instructor)   

Class location will be disclosed upon registration and payment.

In the event of rain, prepayment amount will be applied to the next scheduled classes.

Registration and payment constitutes my full acceptance and complete agreement of  below Waiver.

 

 

 

 

 

 

 

 

 

 

Waiver

I, hereby agree that by electing to purchase fitness services and to attend any and all classes this constitutes my consent to waive certain legal rights, including the right to sue the following party, and, if applicable, its owners, trainers, representatives, and facilities from any physical, material, tangible or intangible, loss or damages that may happen to me during my participation in any of the  classes (hereinafter, ” Fitness Classes”) undertaken while under their instruction or thereafter: Malinda Zarate ( “Fitness Provider”).

I will be voluntarily participating in the classes that will be conducted by the Provider. These Body-Mind-Spirit Movement Fitness Services will include, but not be limited to the following:

Nia, Yoga, Tai Chi, Qigong, Dance Fitness, Body-Mind-Spirit Movement Class

The following is the identifying and contact information of the Fitness Provider:

Malinda Zarate, Nia White Belt Fitness Instructor dba Emboldened Heart

16 Patacon Way
Hot Springs Village, AR 71909

Contact Number: 512 567-7225

My purchase of services is my confirmation that I agree with and understand the following:

  1. Each person attending fitness class has the responsibility to consult a physician before participating in this or any fitness program and to affirm that they have no medical conditions that would restrict them from participating in any of the Fitness Services.
  2. Each person attending fitness class agrees to hold the Fitness Provider, and if applicable, its owners, trainers, and representatives, harmless from any damage, whether tangible or intangible, that may happen to them while participating in the Fitness Services. Such injuries may include, but are not limited to, muscle strains, muscle sprains, muscle spasms, heart attacks, raised blood pressure, and broken, fractured, or dislocated bones.
  3. Each person attending fitness class understands and agrees that the Fitness Provider offers the Fitness Services with no guarantee of results. Each person agrees that they are solely responsible to maintain the fitness regime appropriate for their level of health and stamina, and agrees that any results that occur, whether positive or negative, are the effects of their own personal choices.
  4. Each person attending fitness class agrees that participation in the Fitness Services is not a replacement for actual medical care, and that if they do experience medical issues, they will contact a doctor immediately.
  5. Each person attending fitness class agrees and verifies that they will hold the Fitness Provider harmless against all liability for any damages that may occur to because of their actions or inactions.
  6. If any person attending fitness class does require medical treatment or attention while or after participating in the Fitness Services, they agree that the medical costs are theirs and theirs alone and hold the Fitness Provider blameless from any charges, fees, or costs that my conditions may incur.

This Fitness Services Waiver will bind and be enforceable against any person attending fitness class and all of their personal representatives. Each person attending fitness class agrees that this Fitness Services Waiver shall be enforceable to the fullest extent of the law, and if any portion is held invalid, the remainder should continue in full legal force and effect.

I specifically acknowledge and agree that this document is not intended to be a general release, which would be limited under some state and local laws.

This Fitness Services Waiver shall be construed and interpreted as broadly as possible in the applicable jurisdiction.

ASSUMPTION OF RISK.  Each person attending fitness class understands and is aware that participation in the Fitness Services involves risks. These risks may lead to tangible or intangible harm and agree that they may result not only from their own actions but also from the actions of others. With the knowledge and understanding of these risks, each person chooses, of their own will and volition, to continue participating in the Fitness Services.

I am also aware that there are risks that I may not have considered, yet I waive my right to any claims that may occur from these unconsidered risks and I choose, of my own will and volition, to participate in the Fitness Services.

COVENANT NOT TO SUE. I will not start any lawsuit or other court action against the Fitness Provider, nor will I join any such proceeding, including any claim for money damages. I acknowledge and agree that I am entering a covenant not to sue the Fitness Provider in any capacity, including to hold the Fitness Provider liable for any injury, loss, or damage sustained by me or my property, even if it is due to the Fitness Provider’s negligence or omission. I also waive the right of any of my insurers’ to make any such claim.

(if applicable) and hold them harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may INDEMNIFICATION: I agree to defend and indemnify the Fitness Provider and any of its affiliates arise from or relate to my use or misuse of the Fitness Services or my conduct or actions. I agree that the Fitness Provider shall be able to select its own legal counsel and may participate in its own defense, if desired.

REPRESENTATION: I am over 18 (eighteen) years of age and am legally authorized to make any and all decisions on my own behalf.

GOVERNING LAW: This Fitness Services Waiver shall be governed by and construed in accordance with the internal laws of Arkansas without giving effect to any choice or conflict of law provision or rule. Each party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in the following county in any legal suit, action, or proceeding arising out of or based upon this Fitness Services Waiver: Garland/Saline.

I have read the above Fitness Services Waiver fully and I understand and agree to its contents. I understand and agree that by electing to register online for any and all classes, this constitutes my full and complete acceptance of this Fitness Services Waiver and therefore I forfeit any right, claim, or ability to hold the Fitness Provider responsible for any tangible or intangible damages, loss of property, or loss of life that may occur during or after my use of the facilities and participation in the Fitness Classes.