This Participant Contract and Release, Waiver and Indemnity of Liability Agreement (hereinafter “Agreement”) is entered into by me (“Participant”) and Alexandre Latour (“Instructor”). In consideration of being permitted to participate in yoga, pranayama, and meditation classes and retreats (“Program”) conducted by Instructor, the Parties hereby agree as follows:

This Agreement is made and entered into under the laws of the Republic of India and Japan and shall be interpreted, governed, and enforced under and pursuant to these laws.

Participant agrees that should an action be brought against Instructor for any reason, whether to enforce the terms of this Agreement or on some other basis, all disputes between Participant and Instructor will be litigated in India or Japan, depending on the location of the Program, and Participant waives any rights he/she may have in litigating in any other jurisdiction.

Medical Contradictions

Yoga, pranayama, and meditation are not advised for persons with a history of epilepsy, cardiovascular disease, including angina, heart attack, or stroke, uncontrolled high blood pressure, glaucoma, retinal detachment; respiratory issues or asthma; mental illness, bipolar disorder, schizophrenia, or previous psychiatric condition; seizure disorders, or other brain/neurological condition or disease; aneurysm in the brain or abdomen; use of prescription blood thinners such as Coumadin; hospitalization for any psychiatric condition or emotional crisis within the last fifteen years; osteoporosis that is serious enough whereby intense movement could cause physical injury; significant recent physical injuries, and/or surgery, and any other medical, psychiatric or physical conditions which would impair or affect ability to engage in any activities that involve intense physical and/or emotional release, or which would cause any risk of harm to Participant, other participants, and/or Instructor or otherwise endanger Participant’s health while participating in the Program.

Pregnant women are advised against practicing yoga, pranayama, and meditation without first consulting and getting approval from their primary care physician. Persons with asthma should consult with their primary care physician and make sure to have their inhaler next to them in case they need it. Persons who have been diagnosed with PTSD and are currently in therapy are required to get the approval of their therapist before participating.

Persons with infectious or communicable diseases such as COVID-19 or flu-like symptoms are asked to avoid attending the Program until fully healed due to the nature of the practice involving breathing exercises.

This content is accurate and true to the best of Instructor’s knowledge and is not meant to substitute for formal and individualized advice from a qualified medical or therapeutic professional. Instructor offers no professional legal, medical, psychological, or financial advice.

Persons with a history of the above contraindications should consult their healthcare provider before enrolling in the Program.

Personal Responsibility

Participant certifies that he/she is physically, emotionally, and medically capable of participating in the Program and specifically assumes all risks attendant to the Program.

Participant acknowledges that he/she has been advised (a) concerning the types of activities which will be engaged in during the Program, and understands the risks and difficulties that may arise during the Program; and (b) that if he/she feels too uncomfortable to continue at any point during the Program, he/she is to stop immediately and check in with Instructor before continuing.

Participant acknowledges that he/she is voluntarily participating in the aforementioned Program and he/she is participating in the Program entirely at his/her own risk. Participant agrees to comply with the stated and customary guidance and norms of participation in the Program. If, however, Participant observes any unusual hazard during his/her participation including but not limited to any physical symptoms that he/she feels could be a danger to his/her physical well-being, Participant will immediately remove himself/herself from participation in the Program and bring such to the attention of Instructor.

Participant is aware of the risks associated with traveling to and from as well as participating in the Program, which may include, but are not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and death. Participant understands that these injuries or outcomes may arise from participant’s own or others’ negligence, conditions related to travel, or the condition of the Program location(s). Nonetheless, Participant assumes all related risks, both known or unknown to participant, due to his/her participation in the Program.

Participant acknowledges that the Program may involve a test of a person’s physical and mental limits and may carry with it the potential for serious injury or death. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participant, equipment, vehicular traffic, and actions of others, including but not limited to, participants and spectators.

In the event that Participant should require medical care or treatment, he/she agrees to be financially responsible for any costs incurred as a result of such treatment. Participant is aware and understands that he/she should carry his/her health insurance.

In the event that any damage to equipment or facilities occurs as a result of his/her or his/her family’s willful actions, neglect, or recklessness, Participant acknowledges and agrees to be held liable for any and all costs associated with any actions of neglect or recklessness.

Participant understands that he/she may decline to do any of the activities. Participant understands that by executing this release and engaging in the Program, he/she is assuming those risks which are inherent to the activities involved. Participant further understands that these activities are best done in presence of or in conjunction with Instructor, for best results. Participant understands and agrees that, if the Program is taught in-person, Instructor is not responsible for property that is lost, stolen, or damaged while in, on, or about the premises.

Confidentiality

Participant agrees to keep confidential any comments, shares, or experiences by other participants. Participant understands and agrees that he/she is attending and participating in the Program at the discretion of Instructor, which attendance and/or participation can be terminated at any time without being informed of the reason therefor.

Participant agrees not to record – audio or video – any of these sessions or any persons participating therein. Still photographs will not be taken of any person except with the advance consent of the person being photographed.

Waiver & Release

Participant understands and agrees that neither Instructor, nor the facility through which this program is offered, nor any of their respective employees, officers, agents, contractors, or assigns (hereinafter referred to as ‘Released Parties”), may be held liable or responsible in any way for any injury, death, or other damages to him/her, his/her family, estate, heirs, or assigns that may occur as a result of his/her participation in this Program or as a result of the negligence of any party, including the Released Parties, whether passive or active.

In consideration of being allowed to participate in this Program, Participant hereby personally assumes all risks of this Program whether foreseen or unforeseen, that may befall him/her while he/she is a participant in this Program including, but not limited to, the yoga, pranayama, and meditation sessions. Participant further releases, exempts, and holds harmless said Program and Released Parties from any claim or lawsuit by him/her, his/her family, estate, heirs, or assigns, arising out of his/her enrollment and participation in this Program including both claims arising during the Program or after.

Participant understands that yoga, pranayama, and meditation are physically and mentally strenuous activities and that he/she will be exerting himself/herself during this Program, and that if he/she is injured as a result of heart attack, panic, hyperventilation, or any other cause, that he/she expressly assumes the risk of said injuries and that he/she will not hold the Released Parties responsible for the same.

Participant further states that he/she is of lawful age and legally competent to sign this liability release, or that he/she has acquired the written consent of his/her parent or guardian. Participant understands the terms herein are contractual and not a mere recital, and that he/she has signed this Agreement of his/her own free act and with the knowledge that he/she hereby agrees to waive his/her legal rights. Participant further agrees that if any provision of this Agreement is found to be unenforceable or invalid, that provision shall be severed from this Agreement. The remainder of this Agreement will then be construed as though the unenforceable provision had never been contained herein.

Participant understands and agrees that he/she is not only giving up his/her right to sue the Released Parties but also any rights his/her heirs, assigns, or beneficiaries may have to sue the Released Parties resulting from his/her death. Participant further represents he/she has the authority to do so and that his/her heirs, assigns, or beneficiaries will be estopped from claiming otherwise because of his/her representations to the Released Parties.