PLEASE READ CAREFULLY BEFORE CHECKING THE BOX. THIS IS A LEGALLY BINDING DOCUMENT.
WAIVER AND RELEASE OF LIABILITY — SACRED AIR YOGA
Sacred Air Inc., operating as Sacred Air Yoga (located at 227 10 St NW, Calgary, Alberta), offers yoga sessions, meditation, and other activities.
1. Acknowledgment of Risk: I understand that my participation in yoga sessions, sound baths, meditations, breathwork, and related activities at Sacred Air Yoga involves inherent risks. These risks include, but are not limited to, physical injury, muscle strain, sprains, sprains, dizziness, fainting, aggravation of pre-existing conditions, and in rare cases, more serious injury.
2. Health and Fitness Responsibility: I confirm that I am physically fit to participate in the activities I have chosen and that I have disclosed all relevant medical conditions, injuries, or limitations to the instructor before participating. It is my sole responsibility to consult with a physician regarding any health concerns before participating.
3. Voluntary Participation: I voluntarily choose to participate in these activities and accept full responsibility for my participation as outlined in this waiver.
4. Release of Liability: I, on behalf of myself, my heirs, assigns, and estate, hereby release and discharge Sacred Air Inc., its owner (Sandy Tut), instructors, employees, contractors, collaborators, venue partners (including The Psychology Group), and agents from any and all claims, demands, actions, or causes of action arising from my participation, except in cases of gross negligence or willful misconduct by Sacred Air Yoga or its representatives.
5. Indemnification: I agree to indemnify and hold harmless Sacred Air Inc., its owner (Sandy Tut), instructors, employees, contractors, collaborators, venue partners (including The Psychology Group), and agents against any claims brought by third parties as a result of my actions during participation.
6. Media: Sacred Air may photograph or record parts of sessions for use in promotional materials for Sacred Air's own activities. If I prefer not to be included, I will inform the instructor before the session begins.
7. Sound Bath and Wellness Information: I understand that sound baths and wellness practices are complementary practices and are not a substitute for medical care, diagnosis, or treatment. I understand that sound healing vibrations are intended to support relaxation and wellbeing and are not intended to diagnose, treat, cure, or prevent any disease or medical condition.
8. Personal Belongings: Sacred Air Inc. is not responsible for lost, stolen, or damaged personal belongings during any session or event.
9. Right to Refuse Service: Sacred Air reserves the right to refuse or discontinue service to any participant whose behaviour is deemed disruptive, unsafe, or in violation of studio policies.
10. Governing Law: This agreement is governed by the laws of the Province of Alberta, Canada.
Digital Services, Personal Information and Cybersecurity
1. Digital platforms. I understand that Sacred Air provides its services through digital platforms, including its website, online booking, payment, waiver and email systems, which are operated with third party service providers. Sacred Air remains responsible for my personal information under Alberta's Personal Information Protection Act ("PIPA"), including when a service provider processes it on Sacred Air's behalf.
2. Safeguards. Sacred Air protects personal information in its custody or under its control by making reasonable security arrangements against unauthorized access, collection, use, disclosure, copying, modification, disposal or destruction, as required by PIPA. I understand that no digital system can be guaranteed completely secure, and that electronic communication and storage carry risks that no single organization can fully control.
3. Service providers outside Canada. Some of the service providers Sacred Air uses may collect, use, store or access personal information outside Canada, where it may be subject to the laws of that jurisdiction. Sacred Air's policies identify the countries involved and the purposes for which providers are authorized, and that information is available on request from the Founder, Sacred Air, at yoga@sacredair.ca, who can also answer questions about the use of service providers.
4. Cyber incidents. If a cyber incident or other breach involving my personal information creates a real risk of significant harm, Sacred Air will report the incident to the Information and Privacy Commissioner of Alberta without unreasonable delay, and will notify me as required by PIPA or as directed by the Commissioner. Sacred Air keeps a record of such incidents.
5. Artificial intelligence and automated tools. Sacred Air uses digital and automated tools, including AI assisted tools, in its administration and communications. Personal information is handled through these tools only for the purposes for which it was collected, and under the safeguards described in this section.
6. My responsibilities. I will keep my booking account credentials private, provide accurate information, and promptly notify Sacred Air at yoga@sacredair.ca if I suspect unauthorized access to my account, or if I receive a suspicious message claiming to be from Sacred Air.
7. Service interruption and limits. If a cyberattack, platform outage or similar event beyond Sacred Air's reasonable control interrupts a service, Sacred Air will reschedule or credit the service under its existing cancellation terms. To the extent permitted by Alberta law, Sacred Air is not liable for losses arising from such an event where it has maintained the safeguards described in this section. Nothing in this section limits my rights under PIPA or Alberta's Consumer Protection Act, which cannot be waived, or Sacred Air's responsibility for its own failure to maintain reasonable safeguards.
8. Electronic signature. I agree that this waiver may be signed and delivered electronically, and that my electronic signature, including a typed name, a drawn signature, or a click to accept, is the legal equivalent of my handwritten signature under Alberta's Electronic Transactions Act.
11. Entire Agreement: This Waiver and Release of Liability constitutes the entire agreement between myself and Sacred Air Inc. regarding the subject matter herein and supersedes all other communications, understandings, or agreements (whether oral or written) regarding the same subject matter.
I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD THIS WAIVER AND RELEASE OF LIABILITY, AND I VOLUNTARILY AGREE TO THE TERMS ABOVE.
By completing payment, I confirm my consent to the Waiver and Release of Liability.