In this disclaimer, "we" means (and "us" and "our" refer to) Daisy Yoga Limited, a limited liability company incorporated in Hong Kong.
This disclaimer governs your and our rights and obligations in relation to your subscription and attendance of our yoga classes.
You fully understand and acknowledge that all exercises including all physical bodily positions, movements, activities and exertions during yoga classes (“Exercises”) involves a risk of personal injury, including possibly serious bodliy harm or, in the worst scenario, death.
You acknowledge and agree that it is entirely your own choice whether or not to perform the Exercises under the instruction of yoga teachers and undertake to listen to and follow the instructions of yoga teachers attentively before, during and after any Exercises during our yoga classes at all times. You must never attempt any Exercises beyond the degree of exertion and difficulty which you are able to manage comfortably without incurring risk of injury. You will take full responsibility for your own health and well-being while attending our yoga classes. Your practice outside our yoga classes is entirely at your own risk.
You acknowledge and agree that it is your obligation to inform us your health and medical conditions before joining our classes.
We will not be responsible for any self-inflicted personal injury or damage that you may suffer while attending yoga class(es). You are encouraged to consult with your physician or other health care professional and take out your own insurance if you have any concerns over your body condition.
Health and medical conditions
You acknowledge and represent that:
✦ you are in fit and proper physical condition to participate in our yoga classes, especially your body weight is less than 90kg (about 200lbs) if you join aerial yoga classes; and
✦ you have no knowledge of suffering or having recently suffered from any medical or physical condition, injury or disability (including but not limited to PREGNANCY, HEART DISEASE, HIGH BLOOD PRESSURE, STROKE, or any LONG-TERM ILLNESS) that might make you more susceptible to risk of injury when doing any Exercises (“Pre-existing Condition”).
You are obligated to inform us at the earliest opportunity (in any event before any yoga classes) if:
✦ you are suffering or have recently suffered from any Pre-existing Condition;
✦ you are or have recently been on prescription of any medicine or drugs that might make you more susceptible to risk of injury when doing any Exercises.
You must listen to and follow the instructions of yoga teachers attentively during our yoga classes at all times. You must never attempt to do any Exercises beyond the degree of exertion and difficulty which you are able to manage comfortably without incurring risk of injury.
If at any point you have questions or doubts about how to perform any Exercises during yoga classes, you should immediately inform the yoga teacher and seek clarification.
You agree to stop performing Exercises immediately (or otherwise continue to perform Exercises at your own risk) during our yoga classes if:
✦ you feel or experience any signs of pain or discomfort;
✦ you are not willing to accept the degree of risk of injury that might be associated with any particular Exercises; or
✦ you have been instructed to stop.
You agree to be considerate and leave sufficient space between you and others attending our yoga classes. You agree not to attend our yoga classes if you have contracted any contagious illness or disease and we reserve the right to refuse your entry and participation in our yoga classes at our full discretion.
You are encouraged to bring your own yoga mat if you have any concerns. You accept that we have no control and cannot make any representations over our customers’ well-being and we do not accept any responsibility for any illness or disease that may be spread during yoga classes.
We may in our sole discretion ask you not to perform any Exercises during our yoga class.
Anyone (including airline crew and HK residents under the Return2hk Travel Scheme) who has returned or lives with anyone who has returned from overseas (including Macau and Mainland China) must refrain from visiting Daisy Yoga for 14 days commencing their date of return.
No representations or warranties
Other than: (i) dates and time of yoga classes; (ii) fees; (iii) number of classes in each subscription package, which have been expressly agreed in writing,we make no representations, warranties, undertakings and guarantees relating to our yoga classes.
Without prejudice to the generality of the foregoing paragraph, we do not represent, warrant, undertake or guarantee:
✦ that you will not suffer from any injury directly or indirectly during our yoga classes;
✦ that you will attain any particular level of ability in performing yoga Exercise;
✦ that your fitness will improve as a result of participation in our yoga classes; or
✦ that the yoga classes will continue to run for any specific period.
Limitations and exclusions of liability
The limitations and exclusions of liability set out in this section and elsewhere in this disclaimer govern all liabilities arising under the disclaimer or in relation to our yoga classes, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
Yoga teachers teaching in Daisy Yoga are independent contractors and not our employees or agents and we are not responsible for any loss or damage caused by acts or omissions of the yoga teachers.
We do not make any representations or warranties about the credentials, experience or skills of yoga teachers.
We will not be liable to you in respect of any personal injury (including without limitation serious injury or death) that you may suffer or sustain directly or indirectly caused by the yoga teachers. Nor will we be liable to you in respect of any other losses arising as a result of any such personal injury.
We will not be liable to you in respect of any of your personal property that is lost, stolen or damaged before, during or after an yoga class. You should at all times keep watch over your personal property.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
If any of the exclusion clauses were deemed to be unenforceable, you agree that our liability will be limited in any event to the fees that you have paid for our yoga classes.
We reserve the right to change the terms and conditions of all our classes and programme without prior notice. It is entirely your responsibility to visit the website and our social media pages regularly and follow the latest arrangements.
You agree that these terms and conditions should continue to have effect to the maximum extent as permitted under law. If any section of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, you agree that only the relevant part of such section that is so determined to be unlawful and/or unenforceable should be struck out and severed from the remainder of the section and thatall other sections of this disclaimer continue in effect.
Law and jurisdiction
This disclaimer shall be governed by and construed in accordance with Hong Kong law, and any disputes relating to this disclaimer or our yoga classes will be subject to the exclusive jurisdiction of the courts of Hong Kong.