Why You’re Reading This Document
The purpose of this release and waiver (the “ Waiver ”) is to openly communicate the risks of practicing tai chi together virtually, and have you release THAI DUY NGUYEN and his associates of any liability. Please be aware that if you do not sign this Waiver and agree to its terms, I will not let you participate in my classes.
If you are under the Age of maturity in Prince Edward Island (18 years old), your legal guardian must also sign this Waiver on your behalf.
PLEASE READ CAREFULLY TO ENSURE YOU HAVE FULLY UNDERSTOOD ALL TERMS. ASK ANY AND ALL QUESTIONS WHENEVER IN DOUBT. WE WELCOME ALL QUESTIONS AND ARE DETERMINED TO SUPPORT YOU SO THAT YOU CAN JOIN US THE SOONEST. BY SIGNING THIS YOU AGREE YOU ARE WAIVING.
PParties. We will refer to THAI DUY NGUYEN and his associates as “WE/US”, and the undersigned (electronically or in writing) or the person who has clicked “I Agree” to this Waiver, as “YOU” or “YOUR”.
1. The Activities. You will be participating in an instruction-led activity group THAI DUY NGUYEN and his associates. We offer various levels of Tai chi, which may involve but are not limited to the following (“ Activities ”):
Tai Chi poses, body weight, and strength exercises, balance, flexibility training and stretching, breathing, meditation, creative movement, and other physical tasks.
When weather condition permits, activities shall take place in open public locations (such as parks and public venues, where and when such are permitted). In the event of open-space is not possible (e.g. bad weather, winter, park closure), an online session shall be held. It is solely your responsibility to ensure safe conditions where you will be participating in watching the live streaming without in-person supervision. When unsure, please ask questions regarding the do’s and don’ts to ensure your own safety.
2. Inherent Risks. You understand that participating in the Activities poses inherent risks, some more obvious/serious than others. These risks can result in serious harm and injuries that could change your quality of life and, in very rare and extreme circumstances, may even result in death.
Injuries include but are not limited to muscle tears, strains and other musculoskeletal injuries, sprains, broken bones, cardiovascular complications, high blood pressure, dehydration, dizziness, and fainting.
The risks are heightened for anyone suffering from any pre-existing injuries, such as back, or knee pain or any type of medical or health history that may be affected by physical exercise.
There may be reasonable risks posed for Activities performed outdoors, such as tripping or collision with human or natural elements, sun exposure and risk of dehydration, insects, exposure to infections, diseases, COVID-19, pollutants as well as other environmental factors. You understand and agree that is your responsibility to ensure a safe space and environment to perform the Activities.
3. Affirmation of Health. By participating in any Activities with Mr. THAI DUY NGUYEN and his associates, you affirm that you have sought medical advice regarding your fitness or are certain of your ability to practice Tai Chi, especially at the Intermediate level and above. You further affirm that you are responsible for your own physical and mental well-being, making sure to listen to your body, be aware of its limitations, and stop whenever you experience pain during the Activities as well as make your own appropriate adjustments. If you have any pre-existing medical conditions (e.g. asthma, diabetes, heart disease), physical injuries, weakness, or are pregnant or post-natal, you should consult with your doctor first before engaging in the Activities.
4. Voluntary Assumption of Risk. You have read this Waiver and understand the risks of participating in the Activities with THAI DUY NGUYEN and his associates. Your signature below, electronic signature or clicking 'I Agree’, and your participation in the classes at THAI DUY NGUYEN and his associates illustrates your voluntary engagement and assumption of the risks of the Activities.
5. Release, Waiver, and Indemnity. You hereby release Mr. THAI DUY NGUYEN and his associates and assigns (the “ Released Parties ”) from any liability and damages arising from death or personal injuries, however, caused including as a result of Mr. THAI DUY NGUYEN and associate’s negligence, during your participation in the Activities with THAI DUY NGUYEN and his associates. You agree that these provisions above apply to you, your family, heirs, executors, or anyone else who may be able to bring a legal action on your behalf in the future.
6. Media Release. As your instructor(s), we are thrilled and proud of you and any progress you make with Tai Chi. We therefore would love to be able to show your skills and improvement to others, which will also help us promote Tai Chi to more people that this discipline may benefit. By being a group member with me and others, you agree to grant us the irrevocable right to use your image, likeness, photos, video content, and audio recordings captured of you during the online sections as part of my online streaming throughout the world and in perpetuity. You also release us from all claims you may have relating to such use. Should you however at any point want us to stop using your images, please inform us in writing so that there is a record of such and we can ensure it is implemented. Please understand that in such an event we will stop using your image from that point onwards, but will not have the capacity to remove any that have been used prior to that time.
7. General Legal Provisions.
• Jurisdiction. This Waiver will be governed exclusively by the laws of Prince Edward Island. If any 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.
• Headings . The headings used in this Waiver are for stylistic purposes only and none of the content in the headings are intended to be legally binding.
• Online Agreement. I agree that this Agreement may be signed electronically or agreed to by having you click “I Agree”, the effect of which will be the same as signing by hand and the intention of which is that both parties desire to be bound by all the terms of the Agreement.
You agree that you have read this Waiver and fully understand its contents and voluntarily agree to be bound to all of its terms.