Late arrival: We give a 5 minute grace period. Once warm-ups have begun, the door is locked. We recommend arriving a few minutes early to settle in and prepare for your practice. Late arrival is considered a late cancel and will incur a $10 late cancel/no-show fee.

Late cancel/No show: If you're unable to attend a class you've signed up for, please cancel your reservations up to two hours before. We have a $10 late cancel/no-show fee to discourage multiple sign-ups without attendance, ensuring that everyone has a chance to practice with us.

Cancelling your monthly membership: Auto renewing monthly memberships have a 3 month minimum commitment that cannot be cancelled until after the initial term has passed. To cancel a membership, please send a written notice to hello@class46yoga.com and we will process your request.

Freeze policy: Members can freeze their membership for up to 3 months once per year with a written notice to hello@class46yoga.com at least 14 days before the next billing date.

No refunds: Class 46 does not offer refunds, but you can transfer your remaining class passes. New Client Intro Offers and Monthly Memberships are not transferrable.

Children at the studio: Children are not permitted in the studio or reception area during class. Please make child care arrangement prior to your class.

Minors:

• Ages 5 to 15: Waiver is required before practice. Parent or legal guardian must practice with the student in any yoga class. Students can be dropped off for kids activities.

• Ages 16 to 18: Waiver is required before practice. Parent or guardian does not need to be present, as long as the waiver was signed previously. May practice in any yoga class.

Facility use:

• Please return props to cleaning area for our staff to clean them.

• Phones are not allowed in the studio space. Absolutely no recording, phone calls, or texting during class.

• Photos are permitted before and after class only.

• Limit shower time to 5 minutes as we only have one shower available. Please do not do full makeup applications in the restroom.

Etiquette: Respectful behavior towards our staff and fellow clients is expected at all times. Disrespectful behavior towards staff will result in being asked to leave the premises.

Liability waiver: All participants must sign our liability waiver acknowledging they are in good health and understand the risks of practicing exercise with equipment in a heated environment.

Other policies: Class 46 Yoga reserves the right to terminate membership, deny service and remove clients for policy violations including non-payment, harassment, property damage, disrupting others, or other inappropriate conduct.

I, the undersigned, desire to use the Class 46 facilities and/or to participate in other activities at other non-Class 46 facilities both indoor or outdoor that are sponsored by or involve Class 46.  In consideration of Class 46 permitting me to use such facilities and/or permitting me to participate in or observe activities, I have agreed to execute this Release of Liability, Assumption and Acknowledgement of Risk, Indemnification, and Participation Agreement (the “Release”).

1.          ASSUMPTION AND ACKNOWLEDGEMENT OF RISK:

I hereby acknowledge, accept, and agree that the practice of yoga (including heated yoga, sculpt yoga, aerial yoga, and all other practices of yoga) and the use of Class 46 facilities, participation in Class 46 activities, and/or observation of such activities involves inherent risks.  I have received full information regarding Class 46 facilities and activities and have had the opportunity to ask any questions that I wished.

I understand that the weight limit for aerial yoga is 200 pounds per person.  I understand that persons above the 200 pound weight limit may not participate in aerial yoga due to the load-bearing limitations of the aerial yoga apparatus at Class 46 facilities.

I understand that no amount of care, caution, instruction, or expertise can eliminate the inherent risks and dangers associate with these or other activities.  I have examined the facilities and have full knowledge of the nature and extent of all the risks associated with the practice of yoga, the use of Class 46 facilities, and participation in Class 46 activities, including, but not limited to;

a.         all manner of injury or illness resulting from slipping or falling off aerial silk apparatus and hitting the floor, walls, people, whether permanently or in place;

b.         all manner of injury or illness resulting from slipping or falling off yoga apparatus and hitting the floor, walls, people, whether permanently or in place;

c.         all manner of injury or illness resulting from participation in activities that require sharing common spaces and touch points with other individuals;

d.         abrasion, entanglement, and other injuries resulting from activities on or near the aerial silk apparatus;

e.         injuries or illness resulting from the actions or omissions of others engaging in the use of Class 46 facilities.

I further acknowledge that the above list is not inclusive of all possible risks associated with the use of Class 46 facilities, participation in Class 46 activities, and the practice of yoga (including heated yoga, sculpt yoga, aerial yoga, and all other practices of yoga) and in no way limits the extent or reach of this assumption of risk, release of liability, and indemnification.  I understand that no amount of care, caution, instruction, or expertise can eliminate the inherent dangers of these and other activities.

I confirm that I am physically and mentally capable of participating in the use of Class 46 facilities and all Class 46 activities.  I understand that if my mental or physical condition changes after the execution of this release such that I am not capable of participating in the activity at Class 46, I am obligated to cease participation in the activity or activities immediately.  In order to avoid any illness, injury, or death, Class 46 has advised that I consult a physician prior to beginning an exercise program, or engaging in strenuous physical activities.

I acknowledge an accept that there are certain unavoidable risks that accompany my choice and decision to enter and remain in public spaces for any length of time; and the unavoidable risks that accompany my presence near other individuals, including the choices and actions of other may or may not make with regards to personal hygiene and health.  I understand that no amount of sanitizing, cleaning, or precaution can fully mitigate the risk of harm or damage, including death, caused by or resulting from any virus, bacterium, or microorganism that induces or is capable of inducing physical distress, illness, or disease.

2.         RELEASE AND INDEMNIFICATION:

I agree to accept and assume all of the risks existing in these activities and facilities, both known and unknown, either caused or alleged to be caused by the negligent acts or omissions of Class 46 and others. My participation is purely voluntary, and I elect to participate in spite of the risks. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Class 46; its subsidiaries, officers, owners, affiliates, agents, and employees; the landlord of any Class 46 facility, if any; the designers and engineers, manufacturers, installers or distributors of Class 46 equipment; and any of their respective members, officers, directors, employees, agents, representatives, as well as any other persons, corporations, or other entities that might have any liability to me (collectively, the "Released Parties"), from and against any and all damages, actions, claims, suits, demand actions, and liabilities, whether known or unknown, anticipated, suspected or unsuspected, now or any time in the future, in any way relating to or arising from any activity, occurrence or event, whether supervised or not, including, without limitation, all claims for property damage, personal injuries, or wrongful death involving Class 46, Class 46 facilities, Class 46 activities, gross negligence, or intentional, willful, or wanton misconduct.

Class 46 facilities contain a number of cameras, photographic and video, including web-cams, and I consent to the use of such devices to capture my image and likeness. I understand that during the use of any facility, web-cams and cameras may record my activities. Class 46 reserves the right to use a participant’s likeness or image as well as any video or photographs recorded by the cameras, web-cams, or other devices. I hereby grant Class 46, its affiliated entities, and their licensees the right to use my likeness or image and any and all video recorded by the cameras and web-cams for any purpose.

Participants are permitted to take personal photos at the facility. Anything beyond reasonable use of photographic equipment by a participant for personal, non-commercial purposes shall require the express consent of Class 46.

I understand and agree that Class 46 and its personnel reserve the right to deny access to its facilities to any individual, permanently or for any specified period of time, for any breach of Class 46 policies, rules and regulations, or for any conduct that is viewed as unhealthy, unsafe, or inappropriate.

I further understand and agree that I am solely responsible for my personal property while it is at any Class 46 facility or event; Class 46 and its personnel assume no responsibility for any lost or stolen personal property. I also understand and agree that it is my responsibility to keep all personal property under observation or secured. If I become the victim of a theft, I will report it immediately to Class 46 personnel.  Should Class 46 or anyone acting on its behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. I am aware of and specifically waive the provisions of California Civil Code Section 1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." I am aware of and specifically waive the provisions of California Civil Code Section 1714, which provides in pertinent part as follows: "Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person...”

3.         GOVERNING LAW, JURISDICTION, WAIVER OF JURY TRIAL, ARBITRATION, AND SEVERABILITY:

This Release shall be governed by California law, without regard to its conflict of law rules, including its validity and enforceability, and construed broadly to provide a release and waiver to the Maximum extent permissible under applicable law. I VOLUNTARILY WAIVE ANY RIGHT I MAY HAVE TO A TRIAL BY JURY IN ANY ACTION INVOLVING ANY RELEASED PARTY. I agree that if any portion of this Release is held to be invalid, void, or unenforceable, the remaining portions shall nonetheless remain in full force and effect.

FURTHERMORE, I agree that any controversy, dispute, or claim I have arising out of, in connection with, or in relation to any Released Party or this Release shall be submitted for resolution through final and binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures in the County of Orange, California. Any Court of competent jurisdiction may enforce these arbitration provisions, and judgment on the award may be entered in any court having jurisdiction. The parties submit to the jurisdiction of the Superior Court of California, County of Orange, California, for purposes of confirming any such award and entering judgment. In the award, the arbitrator may allocate all or part of the costs of the arbitration, including the arbitrator's fees, and the reasonable attorney's fees of the prevailing party.

This agreement shall be effective and binding upon my heirs, next of kin, executors, administrators and assigns, in the event of my death. By signing this agreement, I waive the right to bring a court action to recover compensation or obtain any other remedy for any injury to my property or myself, or for my death, however caused, arising out of my use of Class 46 facilities, now or any time in the future, whether caused by Class 46’s negligence or that of its officers, agents or employees. I agree to pay for all legal fees accumulated by Class 46, incurred by any claims made by me or on my behalf.

4.         PARTICIPATION AGREEMENT:

I am at least 18 years of age and otherwise legally competent to sign this agreement. This Release of Liability, Assumption of Risk, Indemnification, and Participation Agreement shall be effective and binding upon me and upon my assigns, heirs, representatives, executors and administrators. My participation in activities at Class 46 facilities or affiliated events is purely voluntary, and I elect to participate in spite of the risks. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions that could interfere with my safety, or else I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition. I have had sufficient opportunity to read this entire document. I have had the opportunity to ask questions about this document. By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in activities at Class 46 facilities or involving Class 46, I may be found by a court of law to have waived my right to maintain a lawsuit against Class 46 or any of the other Released Parties on the basis of any claim from which I have released them herein. I further agree to indemnify, hold harmless and defend the Released Parties from and against any loss, damage, liability, expense, costs, and/or attorneys' fees arising from my participation in activities at Class 46 facilities or affiliated events.

I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS AND IMPLICATIONS.

Electronic Signature Consent*

By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.

I represent that I am the parent or legal guardian of the above individual(s) ("Minor(s)") and hereby consent to their use of Class 46 facilities and/or participation in activities. In consideration of Class 46 allowing the above listed Minor(s) to participate and/or use Class 46 facilities, I acknowledge I am familiar with and consent and agree to be bound by the terms and conditions of this Release. The Minor or Minors' participation in activities at Class 46 facilities or affiliated events is purely voluntary, and the Minor or Minors elect to participate in spite of the risks. I certify that I and the Minor(s) have adequate insurance to cover any injury or damage the Minor(s) may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that the Minor or Minors have no medical or physical conditions that could interfere with their safety, or else I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition. I, on behalf of myself and the above-named participant(s), hereby agree to waive and release, indemnify, hold harmless and forever discharge the Released Parties, of and from any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages and liabilities, of every kind and nature, whether known or unknown, in law or equity, that said Minor(s) or I ever had or may have, arising from or in any way related to their participation in activities in connection with the Released Parties, provided that this waiver of liability does not apply to any acts of gross negligence, or intentional, willful, or wanton misconduct. I have had the opportunity to ask questions about this document. By signing this document, I acknowledge that if anyone is hurt or property is damaged during said Minor or Minors' participation in activities at Class 46 facilities or involving Class 46, I and the Minor(s) may be found by a court of law to have waived the right to maintain a lawsuit against Class 46 or any of the other Released Parties on the basis of any claim from which I or the Minor(s) have released them herein. I further agree to indemnify, hold harmless and defend the Released Parties from and against any loss, damage, liability, expense, costs, and/or attorneys' fees, including any of those brought by me or on behalf of, or otherwise related to or caused by the above-named participant.

I agree that by signing below, I confirm that I am also a Participant and I understand that I am also subject to this document and ALL of its terms, as set forth above, such as the Participant Statement, Release of Liability, Assumption and Acknowledgement of Risk, Indemnification, and Participation Agreement (the “Release”).