Assumption of Risk and Waiver of Liability Agreement
***PLEASE CAREFULLY READ AND UNDERSTAND THIS DOCUMENT BEFORE SIGNING.***
In consideration of being permitted to exercise, use the equipment, and otherwise engage in the practice of yoga (the “Activities”) in the Rino Yoga Social (the “Fitness Center”), I,as the name listed above, hereby agree to the following:
1. ASSUMPTION OF RISK. My choice to use the Fitness Center and participate in the Activities is knowing, voluntary, and made for my personal benefit and enjoyment. I understand that Gabrielle Poyastro/Yem Inc DBA Yastro Yoga (the “Company”) does not require me to use the Fitness Center or participate in the Activities, even if such Activities are sponsored or promoted by the Company. I understand that using the Fitness Center and participating in the Activities involve physical movements and adjustments from both myself and the assistance of my instructors which there are inherent risks and dangers of accidents, property loss or damage, serious personal and bodily injury, death, and severe personal and economic losses, and I ASSUME THE RISKS of all such losses, damages, injuries, losses, and death. Such accidents, losses, damages, and injuries (including death) may result not only from my own actions, inactions, or negligence, but also from the actions, inactions, or negligence of the Releasees (as defined below), the negligence of others using the Fitness Center or participating in the Activities, or the condition of the Fitness Center or the equipment therein. Yoga is not a substitute for medical attention, examination, diagnosis or treatment. I affirm that I alone am responsible to decide whether to practice yoga. I agree and understand that there may be other risks not known to me or reasonably foreseeable at this time. I understand and I have considered the risks involved, and I voluntarily freely choose to assume these risks.
2. RELEASE FROM LIABILITY. I fully and forever release, waive, and discharge the Company, its parents, subsidiaries or other affiliates, officers, agents or employees (collectively, “Releasees”) from any and all liability, losses, injuries, claims, demands, actions and causes of action of any kind or nature arising out of or related to any loss, damage or injury, including death, that I or any of my property may sustain resulting from or in any way relating to my use of the Fitness Center or participation in the Activities, regardless of whether such loss is caused by the negligence, omission, fault, or other act of the Releasees or others and regardless of whether such liability arises in tort, contract, strict liability or otherwise.
3. COVENANT NOT TO SUE. I will not initiate any claim, lawsuit, court action or other legal proceeding or demand against the Releasees, nor join or assist in the prosecution of any claim for money or other damages which anyone may have, on account of injuries (including death), losses, or damages sustained by me, other parties or my property in connection with my use of the Fitness Center or participation in the Activities, and I waive any right I may have to do so. This means that I cannot sue to hold Releasees responsible for any injury, loss, or damage sustained by me in connection with the Activity, even if it is due to the negligence, injudicious act, omission or other fault of Releasees. I waive my insurers' right to make a claim against Releasees based on payments by insurers to me or on my behalf for any reason. This means my insurers have no rights of subrogation against Releasees.
4. MEDICAL TREATMENT AND EXPENSES. I hereby acknowledge that Releasees have advised me to consult a physician before using the fitness center or engaging in the Activities. I hereby acknowledge that I know of no medical reason why I should not use the Fitness Center participate in the Activities. In the event of an emergency, I authorize Releasees’ representatives to secure from any licensed hospital, physician or medical personnel any treatment deemed necessary for my immediate care. I agree that I will be responsible for payment of any and all medical services rendered.
5. RESPONSIBLE USE. I understand and acknowledge that Releasees require me to act responsibly while using the Fitness Center and engaging in the Activities, and that I may immediately lose the ability to use the Fitness Center or participate in the Activities if I behave dangerously, irresponsibly, recklessly, destructively, or fail to comply with equipment instructions or the reasonable directions and requests of Fitness Center personnel.
6. INDEMNIFICATION. I will, to the fullest extent permitted by law, defend, indemnify, hold harmless and reimburse the Releasees from and for any and all damages, losses, costs, or expenses (including legal fees) incurred by the Releasees or paid by them to any person (including me or my insurers) relating to any accident, injury (including death), loss, or property damage arising out of or otherwise relating to my use of the Fitness Center or participation in the Activities, even if such injuries, losses, damages, or death were caused in whole or in part by the Releasees’ negligence. I will reimburse the Releasees if anyone makes a claim against the Releasees relating in any way to my use of the Fitness Center or participation in the Activities, including, without limitation, any accident, injury, or loss I may cause (in whole or in part) or in which I may be involved. Nothing in this Section 6 shall be construed to require me to indemnify the Releasees’ for their own gross negligence.
7. PHOTOGRAPH; LIKENESS. I understand that during the Activities or related activities, I may be photographed. I agree to allow my photo, video, or film likeness to be used for any legitimate purpose by the Company, producers, sponsors, organizers and assigns.
8. SURVIVAL AND SEVERABILITY; CHOICE OF LAW. It is my express intent that this Agreement bind my family members, spouse, heirs, assigns, personal representatives and anyone else entitled to act on my behalf to the extent they act on my behalf, and is deemed as a release, waiver, discharge and covenant not to sue the Releasees. Any portion of this Release deemed unlawful or unenforceable is severable and shall be stricken without any effect on the enforceability of this Agreement as a whole to the full extent authorized by law. This Assumption of Risk and Waiver of Liability Agreement shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. I further covenant and agree that this Agreement shall be construed in accordance with the laws of the State of Colorado and that any mediation, suit or other proceeding relating to this Agreement and any Activities covered hereby must be filed or entered into only in Colorado and the federal or state courts of Colorado.
9. ACKNOWLEDGMENT. By signing this document, I certify that I am at least 18 years of age, or I am the parent or legal guardian of the participant and I agree to each of the above terms on the participant’s behalf. Furthermore, if I am signing on behalf of participant as parent or legal guardian, I agree to save and hold harmless and indemnify each and all of the Releasees from all liability, loss, cost, claim or damage whatsoever which may be imposed upon the Releasees because of any defect in or lack of such capacity to sign on participant’s behalf. I hereby certify that I have read this document, I understand its content, and I agree to be bound by its terms.
If participant is under 18 or has a legal guardian: