Terms of Service
1. I am participating in yoga classes, health programs, workshops and/or other wellness, body work, therapy, exercise and healing arts activities (collectively, the “Activities”) offered by Be the Flow, LLC (D/B/A Hot Yoga Louisville, Betsy’s Hot Yoga) .The Activities may be offered in the physical location of the studios or offered online by videos, television, podcasts, apps or other digital media or platforms. All of such offerings, either physical or online, shall be considered “Activities.”
2. I recognize that I must be in adequate physical and mental health to participate in the Activities. I understand that the Activities may require intense physical exertion, may be performed in a hot/humid room, 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 understand that it is my responsibility to consult with a physician before my participation in the Activities. If I have done so, I have taken the physician’s advice. I understand that Hot Yoga Louisville reserves the right to refuse my participation in any Activity on medical, fitness or any other grounds.
3. I am aware that my participation in the Activities could result in high blood pressure, fainting, heartbeat disorders, physical injury, heart attack or stroke and may aggravate pre-existing injuries. I understand that I could experience muscle, back, neck and other injuries as a result of my participation in the Activities. I understand my physical limitations and I am sufficiently self-aware to stop or modify my participation in any Activity before I become injured or aggravate a pre-existing injury.
4. 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, which I might incur as a result of participating in the Activities at Hot Yoga Louisville, including those which may result from the negligence of Hot Yoga Louisville or its teachers/staff.
5. 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 Hot Yoga Louisville, its owners, managers, teachers, instructors, workshop presenters, employees, independent contractors and staff (each, a “Released Party”) that I may sustain as a result of participating in the Activities at Hot Yoga Louisville even if the Claim arises from the negligence of any Released Party or anyone else. 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. PHOTO/ VIDEO/ RECORD: I hereby understand that Hot Yoga Louisville from time to time may photograph, video, or otherwise record classes or events occurring at the studio and place such photographs and videos on its Website or social media platform. I hereby consent to the use of my image that may appear in any such photograph or video.
8. DRESS CODE: I understand that proper attire for public physical practice is required in the studio. The dress code policy is available for review in studio, on the website, or by request and remains at the discretion of the owners, managers, desk staff, instructors, or class/workshop facilitators.
9. LOSS OF PROPERTY: You and guests are encouraged not to bring valuables onto the premises of Hot Yoga Louisville studios or any space where a class is conducted and Hot Yoga Louisville shall not be liable for the disappearance, loss, theft, or damage to personal property, including, among other things, money, jewelry, negotiable securities, and other items left by you or your guests.
10. LATE CANCEL AND NO-SHOW FEES: You may be charged a “late cancel fee” not to exceed the cost of your drop-in price when you book a class at Hot Yoga Louisville and fail to cancel the scheduled appointment within at least 6 hours before the start of the class. A “no-show fee” not to exceed the cost of your class may apply if you reserve a class and fail to show for the class before the start time of the class. You may lose a class credit from your membership package, for every occurrence, where you make an appointment for a Hot Yoga Louisville class and do not show up for it, or fail to cancel the scheduled class appointment at least 6 hours before the start of the class. Unlimited membership types, including monthly autorenew memberships or prepaid unlimited memberships, will be charged a fee of $10 for late cancellation (less than 6 hours’ notice) or no show. Specific fees for late cancel or no-show are available upon request at Hot Yoga Louisville.
11. COVID-19 RISKS: By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be infected by COVID-19 by attending Activities at Hot Yoga Louisville and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at Hot Yoga Louisville may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Hot Yoga Louisville employees, volunteers, and program participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my family or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my family may experience or incur in connection with attendance at Activities at Hot Yoga Louisville. On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless Hot Yoga Louisville, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Hot Yoga Louisville, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Hot Yoga Louisville Activities.
12. This agreement shall be construed in accordance with, and governed by, the laws of the State of Kentucky and that all actions, suits, claims and proceedings relating to this agreement shall be brought in a court of competent jurisdiction located in Louisville, Kentucky. In case any provision of this agreement 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.