Before participating in The Soma Center’s services, we need you to thoroughly read, understand, and agree to this Waiver and Release of Liability (the “Waiver”). The purpose of this Waiver is to clearly communicate some risks of participating with us and to have you release The Soma Center of any liability if you get injured or sick, if you have complications or side effects, if any of your things are lost, stolen. or broken, or if anything else goes wrong. Please be aware that if you do not sign this Waiver and agree to its terms, you will not be permitted to participate in any services.
If you are a minor in the State of California or in your place of residence, your legal guardian must also sign this Waiver on your behalf.
PLEASE READ CAREFULLY TO MAKE SURE YOU UNDERSTAND THIS WAIVER. PLEASE ASK QUESTIONS IF ANYTHING IS UNCLEAR. WE ARE HERE TO SUPPORT YOU. BY SIGNING THIS, YOU AGREE YOU ARE SIGNING AWAY YOUR LEGAL RIGHTS TO SUE, AND YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS WAIVER.
1. Parties. We are The Soma Center, LLC, a Limited Liability Company based in the State of California. In this Waiver, we will refer to ourselves as “The Soma Center,” “us,” “we,” and “our.” We’ll refer to you, the undersigned (electronically or by hand), or the person who has clicked “I Agree” (or something similar) to this Waiver, as “you” or “your.”
2. The Services. As part of your services with The Soma Center, you may participate, in person or online, in classes, sessions, events, workshops and more, all of which may involve but are not limited to the following (“Services”):
2.1. Supreme Release Yoga (a.k.a. Spinal Release Yoga) classes and sessions that include the release of muscular tension in the form of poses, breath work, and guided awareness practices.
2.2. Childbirth and parenthood classes, programs, and coaching sessions, when required. The list of Services in this field may not be comprehensive. Health education and wellness coaching is an evolving field in which practitioners continually learn new and improved techniques and modalities. Therefore, this Waiver will apply fully even if you receive a Service not explicitly listed here.
2.3. The Services may involve physical contact, such as adjustments or tactile cues from instructors. Please let us know in advance if you prefer no physical contact.
2.4. The Services also apply to any classes or sessions made available for online streaming and participation, both live or recorded, or that take place outside of The Soma Center’s facilities, including outdoors. You agree that you are responsible for the safe facilitation of the Services happening outside of our facilities.
3. Equipment. In the course of the Services, you may use a variety of equipment, including but not limited to blankets, chairs, blocks, bolsters, straps, and mats (the “Equipment”). Please do not use any equipment not instructed by The Soma Center. You understand that while we will do everything to reasonably maintain the equipment, it is possible that the equipment may break or fail, and the risks of any such failure may result in the risks outlined below.
3.1. Please note that we may add new Equipment in the future to provide the Services, which will be of a similar nature to the Equipment listed above. You accept the risk of any future and similar related Equipment you may use in the future to participate in the Services.
4. Qualifications. We hold the following professional qualifications and certifications: Yoga Teacher, Childbirth Educator, and Parenthood Guide.
5. Scope of Practice. The scope of our practice is as follows:
5.1. Here is what we will be doing together: Our practice bridges the understandable yet misplaced gaps between mind, body, and heart, providing comprehensive support for yoga students and expectant parents through the following services:
5.1.1. Yoga Instruction:
5.1.1.1. Virtual Learning: We facilitate yoga education through self-paced online courses and live-streamed sessions (both recorded and real-time) for individuals and groups.
5.1.1.2. In-Person Classes: We lead group yoga classes. Our physical instruction includes safe, hands-on assists to support proper alignment and deepening of the practice.
5.1.1.3. Private Consultations: We meet with clients for personalized one-on-one sessions, available both online and in person, to tailor the practice to their specific goals and needs. In-person sessions include safe, hands-on assists to support proper alignment and deepening of the practice.
5.1.2. Childbirth & Parenthood Preparation:
5.1.2.1. Educational Programming: We offer specialized prep courses for childbirth and parenthood through self-paced online modules and live/recorded digital workshops.
5.1.2.2. Group & Private Coaching: We provide childbirth and parenthood preparation in various formats, including online and in-person sessions and workshops for groups as well as private, one-on-one sessions designed to provide a more intimate environment for deeper learning.
5.2. Here is what we will not be doing together: We do not diagnose, treat, or claim to cure any condition, illness, or injury.
6. Inherent Risks. You understand that receiving the Services may pose inherent risks, some more serious than others. These risks can result in serious harm and injuries that could change your quality of life, your ability to earn an income and, in very rare and extreme circumstances, could even result in death.
6.1. Risks of Physical Injury. Risks may include, but are not limited to, muscular soreness and/or achiness as a direct result of muscular releases. Please listen to your body and apply wise care in choosing what is most appropriate for you, moment-to-moment.
6.2. Pregnancy and Postpartum. If you are pregnant or postpartum, as with any physical activity, there are additional risks to the health of your fetus(es) and your body, including but not limited to pregnancy loss, low birth weight, early delivery, and postpartum complications. Therefore, it is essential that you ask questions for clarity, heed internal warning signals when something doesn’t feel right, and consult with your doctor or midwife to determine the most appropriate course of action. It is also essential that you follow yoga instruction accurately, depending on the stage of your pregnancy and your previous experience with Supreme Release Yoga (a.k.a. Spinal Release Yoga). If you are postpartum, consult with your doctor or midwife to discuss your readiness for resuming normal physical activity.
6.3. Communicable Disease. There is a risk of exposure to and contraction of communicable diseases passed on via other participants and the use of shared space, surfaces, or Equipment.
6.4. Online and Outdoor Environments. Participating in the Services online poses risks, as there is no in-person supervision or space provided. You will, therefore, need to ensure the safety of the Services by using your judgment on how to best practice them. If the Services are performed outdoors, there are additional risks, including tripping, collisions with persons or natural elements, sun exposure, insects, and other environmental factors. It is your responsibility to ensure a safe space and environment to perform the Services.
6.5. Full Release. We would like to emphasize that your release of our liability is not limited in any way to these risks. The risks listed above are only examples. To be completely clear, you are agreeing not to sue us at all.
7. Yoga, Health Education, and Wellness Coaching. Yoga, Health Education, and Wellness Coaching can touch many areas of your life, including physical health, mental health, career, family, friendships, and more. Upon receiving our services, you may begin to see aspects of your life differently. For example, you may confront difficult issues and become aware of suppressed thoughts or feelings. There is a risk that this could lead to distress or other mental health concerns as you work through sensations that may get stirred up in the process. You may experience changes to your relationships, both comfortable and uncomfortable, as you reevaluate your personal interactions. Although we provide you with the best information and support we can, there is a risk that your changes will result in short- or long-term negative effects.
7.1. Emotional Safety. This work is deceptively deep; the process of physical practice can cause suppressed thoughts of harm to resurface or become exaggerated. If you have a history of having thoughts or actions regarding harming yourself or others and choose to practice, you must:
7.1.1 Maintain Professional Support: Be actively working with a mental health professional who is aware of your history and that you are engaging in these practices.
7.1.2. Practice Sustainability: Commit to consistent repetition of practices and to gradual increases in this repetition. Abruptly stopping increases the risk of an exaggerated emotional rebound.
7.1.3. Acknowledge Limitations: Understand that these services are for dissolving what you are ready to let go of—they are not a cure-all nor emergency medicine for acute psychological distress.
8. Group Instruction and Coaching. The risks we discuss above may be enhanced when receiving coaching in a group setting. Every body, mind, and soul is different. Solutions that benefit most people may have the opposite effect on you.
9. Home Studio. In-person classes and private sessions at The Soma Center are operated from a private home environment. Accessing a private home includes the potential of uneven paving and/or paths, steps without railings, plants that may cause allergic reactions and insects associated with those plants, including bees. These are all risks you should be aware of, and you agree to release The Soma Center from any liability associated with these risks.
10. Affirmation of Health. By participating in any Services with The Soma Center, you affirm that you have sought medical advice regarding your fitness or are certain of your ability to engage in the Services. If you have any pre-existing medical conditions (e.g., asthma, diabetes, heart disease), physical injuries, weakness, or are pregnant, post-natal, or post-surgery, you should consult with your doctor first before engaging in the Services. Please communicate and inform us IMMEDIATELY if at any point you do not feel well during the Services.
11. Medical Disclaimer. You fully understand that The Soma Center is not a medical professional and that the Services and any information, consultation and facilitation provided by The Soma Center do not constitute medical treatment nor advice. You acknowledge and agree that using any dietary, lifestyle or wellness recommendations or information is completely voluntary, and you are solely responsible for freely choosing to implement them. Regarding any physical or mental health problems, ailments, conditions, eating disorders, or other diseases, you are now being advised that it is your responsibility to obtain competent medical advice from a licensed medical or mental health professional. You understand and agree that any service rendered by The Soma Center is not designed to diagnose, cure, or prevent any disease, pain, deformity, injury, or mental or physical condition of any kind. You hereby agree to this waiver and release us freely and voluntarily. You affirm you have had the opportunity to discuss this Agreement with your own independent legal counsel prior to agreeing to it. You acknowledge that The Soma Center would not otherwise offer the Services if not for this waiver and release agreement.
12. Voluntary Assumption of Risk. You certify that you have read this Waiver and understand the risks of participating in the Services with The Soma Center. By signing this Waiver or clicking “I Agree” (or something similar), you are showing your voluntary engagement and assumption of the risks of the Services.
13. Lost or Stolen Personal Items. You agree that it is solely your responsibility to safeguard your personal items, and The Soma Center is in no way responsible for any of your personal property that is damaged, lost, or stolen before, during, or after your participation in the Services.
14. Alcohol and Prohibited Substances. You are strictly forbidden from participating in the Services while under the influence of alcohol or any other substances that may alter your perception or ability to be present, focused, and aware of your body’s pain threshold.
15. Digital Protection & Cybersecurity. You acknowledge and accept the potential risks associated with our use of digital platforms, electronic communications, and data storage. While we take reasonable measures to protect your personal information and ensure cybersecurity, we cannot guarantee absolute security. You agree to release us from any liability for any indirect, incidental, consequential, or punitive damages or losses arising from unauthorized access, data breaches, cyber or malware attacks, or other digital security incidents. Please consult our Privacy Policy.
16. Release, Waiver and Indemnity. You hereby release, hold harmless, indemnify and waive any claims against The Soma Center, LLC and its members, owners, directors, officers, contractors, employees, affiliates, volunteers, associates, landlords, agents, executors, administrators, successors, family members and assign (the “Released Parties”) with respect to any and all liability and damages incurred during, or in any way associated with, your participation in the Services with The Soma Center, however caused, including as a result of the Released Parties’ negligence, including but not limited to damage to or loss of personal property, personal injuries, death, illness, or any cause of action related to premises liability. You are releasing the Released Parties at your own risk, and you agree to forfeit any and all forms of legal recourse that may be available to you, including but not limited to any form of damages, as a result of your participation in the Services. You agree that this provision applies to you, your family, heirs, executors, or anyone else who may be able to bring legal action on your behalf in the future.
17. Continued Agreement. Agreement to this Waiver will act as your continued agreement to all ensuing Services and any further interactions with The Soma Center, whether in person, online, or via video conferencing tool.
18. Arbitration. Any controversy or claim arising out of or relating to this agreement shall be settled exclusively by binding arbitration conducted in the State of California or through such other arbitrator as mutually agreed upon by the parties. The arbitrator’s decision shall be final and enforceable in any court of competent jurisdiction. The losing party shall bear the costs of arbitration. The arbitration award shall be final and binding upon the parties, and the parties hereby waive any rights to appeal or challenge the award, to the extent permitted by applicable law. This arbitration clause shall survive the termination or expiration of this agreement.
19. General Legal Provisions. Choice of Laws and Venue. Courts of the State of California retain the sole power to order arbitration, confirm any resulting award, or grant urgent relief related to the arbitration process. Severability. If any terms or provisions of this Waiver are invalid or unenforceable, the other provisions in the Waiver will remain in full force and effect. Entire Agreement. This Waiver constitutes the entire agreement between the parties and replaces any prior agreements. Online Agreement. The parties agree that this Waiver may be signed electronically or agreed to by clicking “I Agree” (or something similar), with the same effect as a hand-signed Waiver.