1. In consideration of participating in the “Activity” (as defined below), I agree and acknowledge that I am fully aware that participation in the Activity involves risks and I accept all such risks of participating, even if the risks are created by the carelessness, negligence or gross negligence of a Released Party (as defined below) or anyone else.
2. “Claims” include but are not limited to any and all liabilities, claims, demands, legal actions, attorney’s fees, rights of actions for damages, personal injury or death in connection with participation in the Activity. “Released Party” means Peak Power Yoga, LLC, Elisa Slobodow, and any employees, instructors, staff, volunteers, agents, affiliates, owners, and managers of Peak Power Yoga, LLC. “Activity” includes but is not limited to yoga, stretching, meditation, and breathing techniques.
3. I agree and acknowledge that:
I am in proper physical condition to participate in the Activity, and am aware that participation in the Activity could, in some circumstances, result in physical injury, serious physical injury, or death.
I understand my physical limitations and am sufficiently self-aware to stop physical activity and the Activity before I become ill or injured.
I accept full responsibility and risk for any product or technology loaned to me as part of participation in this Activity and commit to return the same in good working order.
I hereby, for myself and for my heirs, next of kin, executors, administrators and assigns, fully release, waive and forever discharge any and all rights or Claims I may have, now or in the future, against any Released Party, even if the Claims are based on the carelessness, negligence or gross negligence of a Released Party or anyone else.
I agree not to sue, or bring any action whatsoever against, any Released Party for Claims, even if the Claims arise from the carelessness, negligence or gross negligence of any Released Party or anyone else.
I agree to indemnify (reimburse for any loss) and hold harmless each Released Party from any loss or liability (including any reasonable legal fees they may incur) defending any Claim made by me or anyone making a Claim on my behalf, even if the Claim is alleged to or did result from the carelessness or negligence of any Released Party or anyone else.
I am aware that there is no obligation for any person to provide me with medical care during the Activity. I understand and acknowledge that:
there may be no aid stations available for the Activity.
if medical care is rendered to me, I consent to that care if I am unable to give my consent for any reason at the time the care is rendered.
I am aware that it is advisable to consult a physician prior to participating in the Activity. If I have consulted a physician, I have taken the physician’s advice.
I grant my permission to the Released Party and any transferee or licensee or any of them, to utilize any photographs, motion pictures, videotapes, recordings and other references or records of the Activity which may depict, record or refer to me for any purpose (“Likeness”), including commercial use by the released parties, their sponsors and their licensees. This permission is for use anywhere in the world and on the internet and for an unlimited period of time. I understand and agree that I will not be compensated or receive additional consideration for consenting to the use of my Likeness and that I will not be given a chance to receive, inspect or approve the promotional or marketing material, messages and/or content that may use my Likeness.
No warranties or representations have been made to me about the Activity which are not stated on this form. I understand and intend that this document act as the broadest and most inclusive release of liability, waiver, and assumption of risk.
If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
I have fully read and understand this agreement. I am aware that by signing this agreement, I am waiving certain legal rights I or my heirs, next of kin, executors, administrators and assigns may have against the Released Party.
This agreement shall be governed by the laws of the State of Utah.
BY SIGNING BELOW, you accept and agree to the terms and provisions contained in this agreement.