WARNING: There are inherent, serious risks in participating in the activities included in our Program. You acknowledge that you have read and agreed to the terms below, and that you assume all risk, as explained below.
Ndiyo LLC, a Wyoming limited liability company (referred to as “we”, “us” “our”), owns and/or is providing videos and other instructional materials and content (all referred to as our “Program”) for aerial movement/yoga/fitness/arts (“Aerial Yoga”) on our website, ndiyoaerials.com (our "Website").
Our agreement to allow your access to our Website and your participation in our Program is strictly subject to your agreement to be legally bound by the terms herein, on behalf of yourself, and your spouse, your children, your parents, your heirs, your beneficiaries, and your estate (all such parties being referred to as “you” or “your”).
These terms and conditions that you are agreeing to expressly benefit Ndiyo LLC and its owners, members, shareholders, officers, employees, joint venture partners, instructors, creators, distributors, independent contractors aﬃliates, agents, contractors, successors, assigns, transferees, and licensees (the “Ndiyo Parties”).
Aerial Yoga and Aerial Fitness is an inherently dangerous activity with risk of serious bodily injury, permanent disability, paralysis, and death. Such risks are known and unknown, anticipated and unanticipated, and can occur either from your correct or incorrect bodily movements and/or your correct use or misuse of Aerial Equipment. Therefore, your use of our Program is solely at your own risk. Our Program is not intended for people new to Aerial Yoga. Our Program is intended only for people who have been trained in person by a professional Aerial Yoga instructor, are competent to practice Aerial Yoga on their own, and have professionally and correctly installed and maintained Aerial Equipment.
Our Program involves rigorous exercise. Children under the age of 18 should NOT participate in Aerial Yoga. Always seek the advice of a qualiﬁed health professional before starting or changing any exercise program, especially one involving inverting your body and going into positions that can cause pressure on certain areas of the body. This is particularly important if you are pregnant or nursing, have cardiovascular disorders, eye diseases or infections, spinal injuries, regularly taking medications, or have any medical conditions. Immediately stop practicing Aerial Yoga if you are experiencing any negative physical effects, however minor, and immediately seek medical attention or advice. This Website is not intended to provide medical advice or make medical diagnoses. If you are at all unsure if an exercise identiﬁed on our Website or in any of our materials is safe for you, do NOT participate until you have consulted with your physician.
The Ndiyo Parties are not responsible for the safety of your Aerial Equipment. Rigging aerial equipment - for example, the setup of the fabric, hardware, software, and rigging apparatuses (“Aerial Equipment”), must be completed by a licensed contractor who is a professional aerial equipment rigger, and the equipment must be maintained and replaced when worn or defective. Aerial Yoga is incredibly dangerous, and faulty equipment, or accidents using correctly installed equipment, can result in permanent and serious bodily harm or death. The rigging needs to be able to support your static and dynamic movement and the space around you should be clear of any objects.
The Ndiyo Parties are not responsible for any physical injury, death or property damage arising directly or indirectly as a result of your use of our Program. BY PARTICIPATING IN OUR PROGRAM, YOU HEREBY AGREE TO WAIVE ANY AND ALL CLAIMS THAT YOU (INCLUDING YOURSELF, YOUR SPOUSE, YOUR CHILDREN, YOUR PARENTS, YOUR HEIRS, YOUR BENEFICIARIES, AND YOUR ESTATE) MAY HAVE AT ANY TIME AGAINST US OR AGAINST ANY NDIYO PARTY FOR ANY REASON WHATSOEVER, INCLUDING ANY CLAIMS OF NEGLIGENCE, GROSS NEGLIGENCE OR FAILURE TO ACT BY US OR ANY NDIYO PARTY, EXCEPT AS EXPRESSLY PROHIBITED BY LAW.
BY REMAINING ON OUR WEBSITE AND/OR ACCESSING AND/OR USING OUR PROGRAM, YOU ACKNOWLEDGE THAT YOU UNDERSTAND, ACCEPT AND AGREE TO THESE TERMS. YOU EXPRESSLY AGREE TO ACCEPT AND ASSUME ALL KNOWN AND UNKNOWN RISKS OF PARTICIPATING IN THE PROGRAM. YOUR PARTICIPATION IN THE PROGRAM IS TOTALLY VOLUNTARY, AND YOU ELECT TO PARTICIPATE IN SPITE OF THE RISKS.
This Agreement shall be governed by the laws of the State of Wyoming, without respect to its conﬂict of laws principles. Any claim or dispute between you and Ndiyo LLC that arises in whole or in part from the Website or the Program shall be decided exclusively by a court of competent jurisdiction located in Teton County, Wyoming. You agree that: (i) the Website shall be deemed solely based in Wyoming; and (ii) the Ndiyo LLC Website shall be deemed a passive website that does not give rise to personal jurisdiction over Ndiyo LLC, either speciﬁc or general, in jurisdictions other than Wyoming. You further agree that any dispute between you and a Ndiyo Party shall first be submitted to non-binding arbitration in Teton County, Wyoming, prior to your filing of a lawsuit.