General Waiver & Release of Liability

IMPORTANT — PLEASE READ CAREFULLY

By accessing, booking, registering for, or participating in any class, workshop, retreat, special event, or related activity (collectively referred to as “Event” or “Activities”) hosted, offered, or organized by KIANA NG WELLNESS INC. DBA fEMBODY (referred to as “fEMBODY Experiences” and/or “fEMBODY Studio”), whether in-person or online, you acknowledge and agree to the following Terms & Conditions. These terms are legally binding and apply to all participants.

1. Assumption of Risk and Voluntary Participation

I acknowledge that my participation in any activities, events, programs, services, or experiences offered by fEMBODY (“Activities”), whether in-person or online, including but not limited to pole dance, aerial arts, yoga, fitness, strength training, flexibility training, conditioning, workshops, performances, showcases, retreats, hiking, excursions, educational content, virtual classes, and related services, involves inherent and unforeseeable risks.

I understand that these risks may include, but are not limited to:

  • Slips, trips, and falls;
  • Muscle strains, sprains, tears, overuse injuries, or other musculoskeletal injuries;
  • Joint, ligament, tendon, spinal, or nerve injuries;
  • Broken bones, concussions, head injuries, paralysis, cardiac events, or other serious medical conditions;
  • Equipment malfunction, misuse, or failure;
  • Improper instruction, spotting, or performance of techniques by myself, instructors, participants, or third parties;
  • Physical contact with equipment or other participants;
  • Environmental conditions, including weather, terrain, water, wildlife, or natural hazards;
  • Transportation between Activity locations;
  • Exposure to communicable illnesses or infectious diseases;
  • Allergic reactions;
  • Emotional distress, mental fatigue, or psychological discomfort associated with participation;
  • Acts, omissions, or negligence of other participants, instructors, vendors, venue operators, or third parties; and
  • Any other known or unknown risks that may result in injury, illness, disability, property damage, emotional distress, or death.

I voluntarily choose to participate with full knowledge of these risks and knowingly assume full responsibility for my participation.

2. Participant Responsibilities

I understand that my safety depends in part on my own actions and judgment. I agree that I am solely responsible for my conduct before, during, and after my participation in any Activity.

I agree to:

  • Follow all instructions, safety rules, and policies communicated by fEMBODY and its instructors;
  • Use equipment safely and only as instructed;
  • Participate only within my own physical abilities and limitations;
  • Immediately stop participating and notify an instructor if I experience pain, illness, dizziness, injury, or believe continuing would be unsafe;
  • Treat instructors, staff, participants, venues, and property with respect;
  • Comply with all applicable laws and venue rules; and
  • Exercise reasonable care and judgment throughout my participation.

3. Alcohol, Drugs, and Impairment

I acknowledge that participating in Activities while under the influence of alcohol, recreational drugs, or any substance or medication that impairs my judgment, coordination, or physical ability significantly increases the risk of injury and health complications.

I agree that I will not participate while impaired and accept full responsibility for any consequences arising from my consumption of alcohol, recreational drugs, prescription medications, or any other substances before, during, or after any Activity.

4. Release of Liability and Waiver of Claims

To the fullest extent permitted by applicable law, I voluntarily waive, release, and forever discharge fEMBODY, its owners, directors, instructors, employees, contractors, volunteers, agents, representatives, successors, assigns, and affiliates (collectively, the “Released Parties”) from any and all claims, demands, causes of action, damages, losses, liabilities, costs, or expenses of any kind, whether known or unknown, arising out of or relating to my participation in any fEMBODY Activity, including travel to and from such Activities where applicable.

This release includes, but is not limited to, claims involving bodily injury, illness, emotional distress, disability, death, property damage, theft, or loss, including claims arising from the ordinary negligence of the Released Parties to the fullest extent permitted by law.

5. Indemnification and Hold Harmless

I agree to indemnify, defend, and hold harmless the Released Parties from and against any claims, damages, liabilities, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or relating to:

  • My participation in any Activity;
  • My violation of this Agreement or any applicable policies;
  • Damage I cause to property, equipment, facilities, or venues;
  • Injury or harm I cause to another participant, instructor, staff member, volunteer, vendor, or third party; or
  • My negligent, reckless, unlawful, or intentional conduct.

6. Medical Certification and Emergency Care

I certify that I am physically and mentally capable of participating in the Activities I choose to attend and that I have consulted with a qualified medical professional regarding any conditions that may affect my ability to participate.

I understand that:

  • I am solely responsible for determining whether I am fit to participate;
  • Emergency medical services may be delayed, limited, or unavailable depending on the Activity location;
  • fEMBODY is not responsible for providing medical care; and
  • If emergency medical treatment is deemed necessary, I authorize fEMBODY to seek such care on my behalf and accept full responsibility for all resulting medical costs and expenses.

7. Personal Property

I understand that I am solely responsible for my personal belongings, including but not limited to clothing, valuables, electronics, luggage, identification, travel documents, vehicles, and other personal property.

fEMBODY assumes no responsibility or liability for any loss, theft, damage, or disappearance of personal property during or in connection with any Activity.

8. Damage to Property

I agree to be financially responsible for any damage I intentionally or negligently cause to equipment, studios, venues, accommodations, facilities, rental property, or any other property used in connection with a fEMBODY Activity.

9. Third-Party Providers

I understand that certain Activities may involve services provided by independent third parties, including but not limited to studios, venues, retreat facilities, transportation providers, photographers, excursion operators, instructors, vendors, or other service providers.

I acknowledge that these entities operate independently of fEMBODY, and fEMBODY is not responsible for their actions, omissions, services, negligence, policies, or decisions.

10. Conduct and Right of Removal

fEMBODY is committed to providing a safe, respectful, and inclusive environment.

I understand that fEMBODY reserves the right to deny participation or remove me from any Activity without refund if my conduct is determined, in fEMBODY’s sole discretion, to be unsafe, disruptive, abusive, discriminatory, harassing, threatening, intoxicated, unlawful, or otherwise detrimental to the safety, wellbeing, or experience of others.

11. Photography and Media Release

I grant fEMBODY the unrestricted right to photograph, record, film, and otherwise capture my image, voice, likeness, and participation during Activities.

I authorize fEMBODY to use such content for promotional, marketing, educational, commercial, social media, and other lawful business purposes without compensation or further approval.

If I do not wish to appear in promotional media, I understand that I must notify fEMBODY in writing before participating. While reasonable efforts will be made to accommodate such requests, fEMBODY cannot guarantee that incidental appearances in group settings can always be avoided.

12. Event Policies

I acknowledge that:

  • Activity schedules, instructors, venues, and programming may change without prior notice;
  • fEMBODY reserves the right to modify, postpone, cancel, or reschedule any Activity when reasonably necessary;
  • Refund eligibility is governed exclusively by the applicable individual event-specific refund policy;
  • Certain Activities, including retreats and specialty events, may require additional agreements, waivers, or policies, which supplement and form part of this General Waiver. View here for our retreat waiver.

  • Refunds, cancellations, credits, and booking transfers are governed by the section of fEMBODY’s Refund & Cancellation Policy applicable to the activity or service booked, subject to applicable law. Please review that policy before booking.

13. Force Majeure

I understand that fEMBODY shall not be responsible for cancellations, delays, interruptions, or modifications to Activities resulting from circumstances beyond its reasonable control, including but not limited to severe weather, natural disasters, pandemics, governmental actions, civil unrest, labor disputes, transportation disruptions, utility failures, acts of terrorism, or other force majeure events.

14. Severability

If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect to the fullest extent permitted by law.

15. Governing Law

This Agreement shall be governed by and interpreted in accordance with the laws of the jurisdiction in which the applicable legal claim is brought, unless otherwise required by applicable law.

16. Acknowledgment of Understanding

By participating in any fEMBODY Activity, I acknowledge and agree that:

  • I have carefully read and fully understand this General Waiver & Release of Liability;
  • I understand that I am giving up certain legal rights, including the right to bring certain claims against the Released Parties;
  • I voluntarily agree to all terms contained herein;
  • I am at least eighteen (18) years of age, or, if under eighteen (18), I have obtained the consent of my parent or legal guardian where permitted by law;
  • This Agreement is binding upon me, my heirs, executors, administrators, legal representatives, successors, and assigns.

For questions regarding this Agreement, please contact info@fembodyexperiences.com.