Yoga Waiver

I hereby agree to the following:

1.     I am fully aware of the risks and hazards involved in practicing yoga and yoga-related modalities.

2.     I understand that it is my responsibility to consult with a physician prior to and regarding my participation in group or private yoga classes, workshops, and retreats offered by PACIFIC COLLEGE OF HEALTH AND SCIENCE

3.     I represent and warrant that I am physically fit and I have no medical condition(s) that would prevent my full participation in group or private yoga classes, workshops and retreats offered by PACIFIC COLLEGE OF HEALTH AND SCIENCE.

4.     In consideration for being permitted to participate in group or private yoga classes, workshops and retreats provided by PACIFIC COLLEGE OF HEALTH AND SCIENCE, I agree to assume full responsibility and, on behalf of myself and, to the extent permitted law, my spouse, heirs, executors, administrators, assigns, and other persons or entities acting or purporting to act on my behalf, hereby generally and completely release, acquit, and forever discharge and release PACIFIC COLLEGE OF HEALTH AND SCIENCE, its owners, officers, directors, employees, instructors and representatives (the PACIFIC COLLEGE OF HEALTH AND SCIENCE parties) from any and all liability for any risks, illnesses, injuries or damages, known or unknown, which I might incur as a result of my participation. In further consideration thereof, I knowingly, voluntarily and expressly waive any claim I may have against the PACIFIC COLLEGE OF HEALTH AND SCIENCE parties for any illnesses, injury or damages that I may sustain as a result of my participation.

5.     I will not engage in any inappropriate conduct or conduct which is in violation of this Agreement of Release and Waiver which could result in injury or illness to myself or others.

6.     I agree that this Agreement of Release and Waiver shall be governed by the laws of California and if any conflict arises between me and PACIFIC COLLEGE OF HEALTH AND SCIENCE, I will attempt to resolve the conflict in good faith through mediation before submitting my dispute to arbitration.

7.     ARBITRATION.  ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR IN RESPECT TO THIS AGREEMENT (OR ITS VALIDITY, INTERPRETATION OR ENFORCEMENT), THE RELATIONSHIP OR THE SUBJECT MATTER HEREOF SHALL AT THE REQUEST OF EITHER PARTY BE SUBMITTED TO AND SETTLED BY ARBITRATION AND BE GOVERNED BY THE CALIFORNIA ARBITRATION ACT.  THE ARBITRATION SHALL TAKE PLACE IN THE CITY OF SAN DIEGO, CALIFORNIA.  THE PARTIES MAY AGREE UPON ONE ARBITRATOR, BUT IN THE EVENT THEY CANNOT AGREE THERE SHALL BE THREE, ONE NAMED IN WRITING BY EACH OF THE PARTIES WITH TEN (10) DAYS AFTER DEMAND FOR ARBITRATION IS GIVEN AND A THIRD CHOSEN BY THE TWO SO APPOINTED; PROVIDED THAT THE THIRD SHALL BE A RETIRED JUDGE; PROVIDED FURTHER THAT IF THE TWO APPOINTED CANNOT AGREE ON THE CHOICE OF A RETIRED JUDGE, THEN THE THIRD ARBITRATOR SHALL BE DESIGNATED BY THE THEN PRESIDENT JUDGE OF THE SAN DIEGO COUNTY SUPERIOR COURT.  THE COST OF SUCH ARBITRATION, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, SHALL BE BORNE BY THE LOSING PARTY. ARBITRATIONS SHALL BE THE EXCLUSIVE REMEDY AND THE AWARD OF THE ARBITRATOR(S) SHALL BE FINAL AND BINDING UPON THE PARTIES. NO PROVISION OF, OR THE EXERCISE OF ANY RIGHTS UNDER THIS RELEASE AND WAIVER OF LIABILITY SHALL LIMIT OR IMPAIR THE RIGHT OF PACIFIC COLLEGE OF HEALTH AND SCIENCE, BEFORE, DURING OR AFTER ANY ARBITRATION PROCEEDING, TO OBTAIN PURSUE AN ACTION BEFORE A COURT OF COMPETENT JURISDICTION TO SEEK THE RELIEF DESCRIBED ABOVE.