Terms of SERVICE

Last Updated: June 2, 2026

LIABILITY WAIVER, NON-RECORDING, NON-HARASSMENT, AND ARBITRATION OF DISPUTES AGREEMENT

General Assumption of Risk & Limitation of liability

By signing this contract, enrolling online, and/or attending classes, events, activities, and other programs of Hot 8 Yoga (“Hot 8” ) whether online or in a Hot 8 facility or using Hot 8 equipment, you hereby acknowledge and agree, on behalf of yourself, your heirs, personal representatives and/or assigns (collectively “you” and/or “yourself”), that (a) there are certain inherent risks and dangers in the strenuous nature of the Hot 8 workout program (b) you have voluntarily chosen to participate in an intense physical exercise program, (c) Hot 8 strongly recommends that you consult with your physician prior to commencing any classes; (d) you have been fully informed of the strenuous nature of this exercise program and the possibility of adverse physiological occurrences including, but not limited to: abnormal blood pressure, fainting, heart attack or death; and (e) you assume all risk for your health and well-being, and fully release and hold harmless for any responsibility, cost or damages Hot 8, its instructors, members and employees for any injury, harm or loss you may suffer, including death, as a result of participation in any Hot 8 activities.

If you are enrolling a minor (15-18) years of age, or older if applicable in the minor’s state of residence), the above release applies equally to said minor. No one under 15 years of age may participate. A minor 15-18 years of age may participate only with a parent or legal guardian present.

Special Limitation of Liability During the Coronavirus/COVID 19 Pandemic and other potential disease strains and/or allergic reactions

Hot 8 takes the spread of any disease including but not limited to the coronavirus pandemic very seriously and has put in place preventative measures to help reduce the spread of disease including COVID-19; however, Hot 8 cannot guarantee that you, your family, or your guests will not become infected with COVID-19 or any other disease strains and/or allergic reactions. It is possible that attending classes, events and activities at Hot 8 may place you in close physical contact with other members, attendees and staff and could increase the risk that you, your family members, and/or your guests contract COVID-19 or other disease strains and/or allergic reaction. You acknowledge the contagious nature of COVID-19 and many other diseases strains and voluntarily assume the risk that you, your family members and/or your guests may be exposed to or infected by COVID-19 or other disease strains that is transmissible from close contact with others  at Hot 8 studio or surfaces they have contacted and that such exposure or infection could result in personal injury, illness, permanent disability, and death. You understand the risk of becoming exposed to or infected by COVID-19 or other disease that is transmissible from close contact with others or surfaces they have contacted at Hot 8 may result from the actions, omissions, or negligence of yourself or others, including, but not limited to, Hot 8 employees, members, and attendees.

By signing this document, enrolling online, and/or attending in person classes, events, activities, and other programs and/or entering the Hot 8 studio facilities and using equipment, you voluntarily agree, on behalf of yourself, your heirs, personal representatives and/or assigns, and any minor child you may enroll: (a) to assume all of the foregoing risks and accept sole responsibility for any injury, illness, damage, loss, claim, liability, or expense, of any kind (including, but not limited to, personal injury, disability, and death) that may occur to you or your family members in connection with attendance at Hot 8 or as a result of participation in Hot 8 programs (“Claims”); and (b) covenant not to sue, Hot 8 its instructors, clients, and employees, from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto, based on the actions, omissions, or negligence of Hot 8’s, its instructors, members, and employees, whether a COVID-19 infection or infection from another disease occurs before, during, or after attending Hot 8 studio facilities or participating in any Hot 8 program.

Health Warranty:

You hereby acknowledge that you  have been examined by a licensed physician in the past 6 months and have been found to be in good health and have no disability, impairment, injury, disease or ailment preventing you from engaging in active or passive exercise in the heat or otherwise or which would cause increased risk or injury or adverse health consequences as a result of use of the Hot 8 Yoga Facility. In the event you are pregnant, you have a duty to not attend a Hot 8 Facility until you have discussed the risks with your obstetrician and you will follow your doctors recommendations and will not hold Hot 8 responsible for any injuries to yourself or your fetus caused in whole or in part by your failure to follow your doctors recommendations. 

 In addition, by entering any Hot 8 facility, you acknowledge that you do not have COVID-19, that you have not been exposed to anyone with Covid-19 in the past 14 days and you not experiencing any Covid-19 symptoms including but not limited to cough, shortness of breath or fever.   You certify that you have a duty not to come to a Hot 8 Facility if you are experiencing any Covid-19 symptoms or other illness that could be transmitted from close contact with others people or from the touching of surfaces. 

You hereby consent to a symptom and temperature check upon entering the studio and if determined to be ill shall promptly leave the Hot 8 facility and not return until you have been cleared of all illnesses by a physician.  You hereby consent to medical treatment for emergencies that occur at a Hot 8 Yoga Facility, either during or are related to your participation of an activity where you are unable to consent to such treatment.

Lost or Stolen Items

You acknowledge that you will not hold Hot 8 liable for any lost or stolen property which may occur at any Hot 8 Facility or other location outside of a Hot 8 Facility during a Hot 8 event.

Non-Recording and Messaging Agreement

You acknowledge and agree that any type of recording or transmission (video, audio, still photography, streaming, social media posting, etc.) of any Hot 8 classes or activities, whether in person or online, is strictly prohibited without the prior written consent of an authorized corporate officer of Hot 8’s. This includes even temporary recording/transmission via services such as SnapChat, Facebook, or Instagram. For avoidance of doubt, individual Hot 8 instructors and locations are not authorized to provide such consent. Any violation of this policy is grounds for exclusion from participation in any Hot 8 activities. You further agree to indemnify, defend, and hold harmless Hot 8’s, its officers, directors, employees, agents, and instructors, from and against any claims, lawsuits or other actions, and all resulting loss, damage or cost of any kind (including reasonable attorneys’ fees), resulting from your violation of this policy.

You consent to sending and receiving SMS messages and or emails containing class confirmations, exclusive content, promotional offers, and other content to and from us. Message and data rates may apply. To opt out, you may reply STOP at any time. You understand and agree that text messages sent to your mobile phone/device may be generated using automated technology. Your consent to receive text messages is not required to make a purchase or attend any Hot 8 Facility.


Non-Harassment Policy

Hot 8 disapproves of any unwelcomed, inappropriate and/or offensive conduct by its personnel or its members.  If you believe you have been subject to unwelcomed, inappropriate, and/or offensive conduct by any Hot 8 personnel, including while participating in a Hot 8 At-Home Individual or Group Class, at a Hot 8 studio, or any other Hot 8 ’s-related context, we encourage you to clearly and promptly tell the person engaging in the conduct that is unwelcomed and offensive (if you are comfortable doing so).  We also ask that you promptly notify a member of client experience Team at info@hot8yoga.com 

When making a report or complaint, we strongly recommend that you provide as much specific information as possible in writing, including the following regarding each alleged incident: date, time, place (specify studio location or time/type of virtual class), names of any witnesses, what was said or done, and any other relevant surrounding facts/circumstances.

Hot 8 will strive to appropriately investigate any reported incidents and seek to provide due process for all parties. Hot 8 responsive actions, however, cannot be known in advance, since they will vary depending upon the nature of the allegations. Hot 8 strives to maintain confidentiality throughout the investigative process to the extent practicable. However, our duty to investigate and take corrective action as appropriate may require the disclosure of certain information, and therefore confidentiality cannot be guaranteed.

Any disputes or complaints not resolved via this complaint process will be subject to the Arbitration of Disputes Agreement below.

ARBITRATION OF DISPUTES AGREEMENT

Please Read the Following Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court

If you and Hot 8 do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the immediately preceding paragraph, then either party may initiate binding arbitration. All claims arising out of or relating to your use of the Services (including the formation, performance and breach of arbitration agreement), your and our relationship and/or your use of the Services shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) Employment Arbitration Rules and Mediation Procedure (“AAA Rules”), excluding any rules or procedures governing or permitting class actions.

Each party will have the right to use legal counsel in connection with arbitration at its own expense. You and Hot 8 shall select a single neutral arbitrator in accordance with the AAA Rules. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this arbitration agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on you and us and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this arbitration agreement and all other agreements between you and Hot 8 shall be subject to the Federal Arbitration Act.

The current AAA rules governing the arbitration may be accessed at https://www.adr.org/Employment. Updated copies of the rules are available for review from the AAA’s website (www.adr.org).

If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), Hot 8 will pay the additional cost. Updated copies of the rules are available for review from the AAA’s website (www.adr.org). If Hot 8 is required to pay the additional cost of the filing fees, you should submit a request for payment of fees to AAA along with your form for initiating the arbitration, and Hot 8 will arrange to pay all necessary fees directly to AAA. Hot 8 will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to AAA. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration.

You and Hot 8 understand that, absent this mandatory provision, you and Hot 8 would have the right to sue in court and have a jury trial. You and Hot 8 further understand that the right to discovery may be more limited in arbitration than in court.

Class Action and Class Arbitration Waiver. You and Hot 8 each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class, collective, or representative (“Class”) action, and you and Hot 8 each expressly waive our respective right to file a Class action or seek relief on a Class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a Class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and you and Hot 8 shall be deemed to have not agreed to arbitrate disputes.

Exception – California Private Attorneys General Act (PAGA) Action. Notwithstanding your and our agreement to resolve all disputes through arbitration, either you or we may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act.

Exception – Small Claims Court Claims. Notwithstanding your and Hot 8 agreement to resolve all disputes through arbitration, either you or Hot 8 may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

14 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and Class action waiver provisions set forth above by sending written notice of your decision to opt-out by emailing us at info@hot8yoga.com and providing the following information: (i) your name, (ii) your mailing address; (iii) a statement of your wish not to resolve disputes with Hot 8 through arbitration. The notice must be sent within fourteen (14) days of your agreement to the Terms of Use, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Section. If you opt-out of these arbitration provisions, Hot 8 also will not be bound by them.

Exclusive Venue for Litigation and Governing Law. To the extent that the arbitration provisions set forth above do not apply or if you have opted out of arbitration, you and Hot 8 expressly consent that any litigation between you and us shall be filed exclusively in state or federal courts located in and governed by the laws of the State in which the dispute arose (except for small claims court actions which may be brought in the county where you reside) or, if in connection with Hot 8 At Home, the state in which the class was taught, without giving effect to any principles of conflicts of law. In the event of litigation, you and Hot 8 agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.