Please read the following carefully:
ASSUMPTION OF RISK AND RELEASE OF LIABILITY I hereby acknowledge that I have voluntarily applied to participate in yoga and fitness classes. In consideration of the services of HOT YOGA PLUS PALM SPRINGS LLC, their agents, owner, affiliates, officers, independent contractors, volunteers, participants, employees and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as the “Studio”), I hereby agree to release and discharge BIKRAM YOGA PLUS PALM SPRINGS LLC, on behalf of myself, my children, my parents, my heirs, assigns, personal representatives, guardians and estate as follows:
1. Acknowledgement of Risk: I recognize the fact that yoga and fitness classes involve physical and strenuous movement. As is the case with all physical activity, risk of injury, even serious or disabling, is always present and cannot be entirely eliminated. Yoga is not a substitute for medical attention, examination, diagnosis or treatment. Yoga and other fitness routines offered at the Studio are not recommended and are not safe under certain medical conditions. I affirm that I alone am responsible for my decision to practice Yoga, use the Sauna/Facilities, and perform other exercises at the Studio.
2. Assumption of Risk: In recognition of the known and unknown risks of the above activities, I confirm that I am physically and mentally capable of participating in yoga and fitness classes and using any equipment. I understand that if my mental or physical condition changes after the execution of this release such that I am not capable of participating in the activity or using the equipment, I am obliged to cease participating in the activities and using the equipment. I expressly agree and promise to accept and assume all of the risks existing in this activity, including the risks of injury or death. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
3. Release Provision: As lawful consideration for being permitted by Studio to participate in these activities and use their facilities, I understand and agree that I am assuming full responsibility for any and all death, illness, injury, and property damage and/or loss that I may suffer, in connection with any and all activities in which I participate in at Studio or under Studio’s supervision, or use of Studio’s facilities, including but not limited to, death, illness, injuries or property damages and/or loss arising from, among other things, (a) negligence or carelessness on the part of the Studio, including but not limited to, negligent supervision, negligent rescue operations, negligent instruction, negligent training, dangerous or defective equipment or property owned, maintained or controlled by Studio, or because of liability without fault, even if caused by the actions or omissions of others, and/or (b) equipment, facilities, and other hazards or conditions. I agree that this release constitutes a complete release, discharge and waiver of any and all actions or causes of action against Studio, arising in connection with any and all activities in which I participate while at Studio or my use of Studio facilities for any purpose or activities of any kind or description whatsoever. I agree that I, my children, my parents, my heirs, assigns, personal representatives, guardians and estate will not make a claim against, sue, attach the property of, or prosecute Studio for injury or damage resulting from negligence or other acts, howsoever caused, by Studio or others as a result of my participation in the activities or use of the facilities.
4. Indemnity Clause: I hereby indemnify and hold harmless Studio from any and all liabilities or claims made by other individuals or entities as a result of any of my actions, while I am engaged in any activity whatsoever at Studio or use of Studio facilities for any purpose whatsoever, including any litigation, expenses, attorney’s fees, loss, liability, damage or cost which may occur as a result of any such claims. Should Studio be required to incur attorneys fees and costs to enforce this agreement, I agree to indemnify and hold them harmless from all such fees and costs.
5. Continuation of Agreement: I understand and agree that this release will have the effect of releasing, discharging, waiving, on my own behalf and on behalf of my survivors, assigns, heirs and estate and forever relinquishing any and all actions or causes of action that I may have or have had against Studio, whether under statutory or common law, existing now or in the future, whether past or present or future, whether known or unknown, and whether anticipated or unanticipated by me, arising out of my participation in activities while at Studio or use of Studio’s facilities for any purpose whatsoever. I fully understand that I cannot hereafter make further claims or seek any further recovery of any nature whatsoever against Studio, based upon, arising out of, or in connection with my participation in activities at Studio or use of Studio
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facilities, and I hereby expressly waive all future unknown claims caused by, or alleged to be caused by, any act or omission by Studio.
6. Release of Owner: Each and every release, waiver and indemnification of Studio provided in this agreement shall also apply, with equal force and effect, as a release, waiver and indemnification of the owner of the property in which the Studio’s facilities are located.
7. California Civil Code Concerning Release of Liability for Unknown Claims and Liability for Ones Negligent Acts or Omissions: I am aware of and specifically waive the provisions of California Civil Code Section 1542, which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” I am aware of and specifically waive the provisions of California Civil Code Section 1714, which provides in pertinent part as follows: “Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person...”
8. Governing Law, Jurisdiction and Severability of Provisions: This Waiver and Release of Liability shall be governed by California law and construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. In the event that I file a lawsuit against Studio, I agree to do so solely in the state of California. I agree that if any portion of this Waiver and Release of Liability is held to be invalid, the rest shall nonetheless remain in full force and effect.
9. Photograph Release: I agree that if any photographs/video are taken of me while in a Studio facility, Studio has my approval to use such photographs for promotional purposes.
10. Use of Sauna & Steam: I understand and agree that it is my responsibility to assess the hazards presented by my use of the Sauna/ Facilities and services of the Sauna/Facilities, and further agree that I am the ultimate judge regarding my personal use of the Sauna/Facilities and services without risk of harm to myself. I understand and expressly assume all responsibility and potential risk incident to using the Sauna/Facilities and their services, and hereby RELEASE ALL CLAIMS, including but not limited to, personal injury, property damage or destruction, and death, whether caused by NEGLIGENCE, breach of contract or otherwise, and whether for bodily injury, property damage or loss otherwise, which I may ever have against the Studio. My use of the Sauna/Facilities is entirely optional and is of my own free choice. My use of the Sauna/Facilities is in no way a requirement of the Studio.
I agree to the following: I am 18 years of age or older. I will not remain in the sauna past my session time. I will not temper with the temperature controller and/or settings of the sauna. I am submitting this release, waiver of liability, and assumption of risk declaration voluntarily and of my own free will. I have no physical or emotional problems, nor any history thereof, which will impair my ability to utilize the Studio and its services in a safe manner.
BY SIGNING THIS DOCUMENT, I ACKNOWLEDGE THAT IF ANYONE IS HURT OR PROPERTY IS DAMAGED DURING MY PARTICIPATION IN ANY STUDIO ACTIVITY, I MAY BE FOUND BY A COURT OF LAW TO HAVE WAIVED MY RIGHT TO MAINTAIN A LAWSUIT AGAINST STUDIO ON THE BASIS OF ANY CLAIM ROM WHICH I HAVE RELEASED THEM HEREIN. IT IS THE INTENTION OF THE UNDERSIGNED TO EXEMPT AND RELIEVE STUDIO AND ALL STUDIO ASSOCIATED PARTIES FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH. I HAVE CAREFULLY READ BOTH PAGES OF THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN MYSELF AND STUDIO, STUDIO’S OWNERS AND ALL STUDIO AFFILIATED PARTIES AND I SIGN IT OF MY OWN FREE WILL.
Signature of Participant: Print Name:
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City, State and ZIP:
Phone: ( )
Date of Birth:
Driver’s License #
Exp. Date: / /
PARENT OR LEGAL GUARDIAN’S ADDITIONAL INDEMNIFICATION
(MUST BE COMPLETED FOR PARTICIPANTS UNDER THE AGE OF 18)
In consideration of (print minor’s name) (“Minor”) being permitted by Studio to participate in its activities and to use its equipment and facilities, I agree to indemnify and hold harmless the parties referenced above from any and all claims which are brought by, or on behalf of Minor, and which are in any way connected with such use or participation by Minor. The undersigned parent and natural guardian or legal guardian does hereby represent that he/she is, in fact, acting in such capacity and agrees to save and hold harmless and indemnify each and all of the parties because of any defect in or lack of such capacity to so act and release said parties on behalf of the Minor and the parents or legal guardian.
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I HAVE READ AND AGREE TO THE ABOVE ADDITIONAL INDEMNIFICATION AND THE ABOVE
ASSUMPTION OF RISK AGREEMENT AND RELEASE OF LIABILITY
Parent or Legal Guardian’s Signature:
Parent or Legal Guardian’s Driver’s License #: State DOB: / / Exp. Date / /
PARENT OR LEGAL GUARDIAN SIGNING THIS WAIVER BUT NOT ACCOMPANYING THE MINOR MUST SUBMIT A COPY OF THEIR DRIVERS LICENSE HEREWITH.
Sign in the box below:
must be signed