Disclaimer Form Notes

We have put together some notes to give you some ideas of what types of statements to put in a Disclaimer Form.

As we have members all over the world it is, unfortunately, not possible for us to create a Form for all of our members to use.

The content of your Disclaimer form will depend on the type of classes you are teaching, for example, if you only teach Yoga classes in a hired venue then the statement/s which you ask students’ to agree to will differ from a teacher running their own studio.

Points to consider

A Disclaimer is a statement or statements intended to protect the services which you offer. It can include any products which you sell or information which you provide to your students.

They should be designed to limit the legal liability of your business and also to protect your student’s legal rights. A disclaimer can take the form of a short paragraph or can be bullet points. This is dependent on your needs.

If you are not sure whether you have drafted a solid disclaimer, we recommend that you consult with a lawyer.

Injury

A legal disclaimer has limitations. It will not completely insulate you from liability. For example, you may try to disclaim liability for any injuries caused by your negligence, but that disclaimer will often be legally ineffective.

Nevertheless, to protect yourself as much as possible you should still write a broad disclaimer. A student reading a disclaimer may assume that they cannot make a claim against you and therefore not pursue a case.

Equipment

If you own a studio or bring your own equipment for students to use, you should include in your disclaimer something where the student acknowledges there are certain risks inherent in using your equipment and that they assume all responsibility for their use of this.

However, you should note that a disclaimer is not likely to protect you from liability if an injury is caused by your own negligence or your failure to maintain your equipment properly.

Tangible Goods

If you are selling goods, then in your disclaimer, cover any and all liabilities for the product/ s. You should warn purchasers of any dangers or hazards posed by your product and list specific risks while at the same time acknowledging that the list is not exhaustive.

You may want to limit the time period in which someone can return a product or seek a refund to avoid being held liable, for example, for normal wear-and-tear to the item.

Be specific, for example, you might state, “We do not accept returns or exchanges after 30 days unless the item you purchased is defective”.

Adjustments

If you are going to adjust, it is commonplace to issue ‘permission cards’ to each student to be placed where the teacher can see them. One side states ‘yes’ to adjustments and the flip side states ‘no’ to adjustments.

Health

You should add something about health and that they have declared any medical and/or health conditions to you. It is advisable that you mention to them that they have consulted a medical practitioner before participating in a class. That way you have some protection if they are injured from a pose and/or adjustment.

Pregnancy

If you have received training in teaching a pregnant woman or women then you can allow them to participate in your classes. We would recommend that you include something about this in your Disclaimer for example, that they are participating in the class at their own risk.