RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT
Please read carefully. By booking a class you represent that you have thoroughly read and understand the terms hereof and agrees to release, waive, and otherwise absolve Moss Web Works, LLC dba Metta Yosemite (hereinafter “Company”), its owners, managers, members, employees, contractors, subcontractors, successors, assigns, affiliates, subsidiaries and the estate of any individual (hereinafter the “MY Parties”) from any and all liability, claims, and/or damages resulting from any and all goods and/or services provided thereby.
This Release of Liability, Waiver of Claims, Assumption of Risk, and Indemnification Agreement (hereinafter “Agreement”) is entered into by the undersigned (hereinafter “Releasor”). By executing this Agreement, Releasor hereby acknowledges and confirms he/she has read the Agreement in its entirety, understands the terms herein, and agrees to the terms of the Agreement.
Releasor hereby acknowledges and understands that Company and the MY Parties are providing yoga, meditation, and related goods and services (the “Services” collectively), and no statement made by the MY Parties is a guarantee of result or outcome. Releasor understands, acknowledges, and agrees, that neither Company nor any of the MY Parties are licensed medical professions, are not diagnosing medical conditions, and are not suggesting that Releasor suspend, terminate, or otherwise cease any medical treatment, whether physical or mental health treatment, in lieu of the Services. Releasor further acknowledges and understand that activities included in the Services can be dangerous activities and Releasor accepts the risk of engaging in the Service.
Releasor understands and agrees that any actions, including without limitation participation in the Services, taken thereby are done at their own discretion and not upon any suggestion of Company or the MY Parties. Releasor acknowledges that any and all results of his/her decisions to change, termination, or otherwise engage in the Services, alter any treatment, including without limitation any resulting ailments, damages, claims, or other alleged liabilities suffered by Releasor are solely caused by Releasor. Further, Releasor understands and agrees that as the human body can be delicate and react to stimulus differently and, at times, unexpectedly, receiving the Services may cause bodily injury, including without limitation, soreness, stiffness, and possibly death, which injuries, as well as any results due to Releasor’s actions or own negligence constitute the “Damages” collectively.
Releasor hereby waives any and all claims to any and all Damages, acknowledges and agrees they have assumed the risk of the resulting Damages, and hereby release, indemnify, defend, absolve, and hold Company and all MY Parties harmless and otherwise discharged Company and/or the MY Parties, as well as any of the foregoing’s respective owners, employees, contractors, heirs, assigns, designees, agents, representatives, and associates (the “Released Parties”) therefrom.
By this Agreement, Releasor also intends to release, discharge and absolve, absolutely, the Released Parties from any and all liability for any active or passive negligence whatsoever by the Released Parties and to waive and relinquish any claim or cause of action against Released Parties for any loss, claim, damages, personal injury, disability, death, medical and any other type of expense or property damages or loss caused by any action or negligence of Released Parties and hereby promise not to sue or exercise any legal right to seek any damages from the Released Parties.
Releasor agrees as follows:
- As to any and all liability for the Damages Releasor may suffer or incur due to any cause whatsoever while participating in, or any involvement with, the Services, Releasor hereby agrees:
- a. To waive any and all claims for Damages Releasor may have against the Released Parties.
- b. To release the Released Parties from any and all liability for the Damages Releasor may suffer or incur, or that Releasor’s next of kin, heirs, spouse, children, family, or estate may suffer, as a result of or while Releasor is participating in or any involvement with, the Services;
- c. To hold harmless and indemnify, Releasees from any and all liability for the Damages, of any third party, as a result of or while Releasor is participating in or any involvement with, the Services.
- This Agreement shall be effective and binding upon Releasor’s heirs, next of kin, family, spouse, relatives, guardians, conservators, executors, administrators, trustees and assigns in the event of Releasor’s injury, disability, or death.
- Releasor further agree that this Agreement is intended to be as broad and inclusive as is permitted under the laws of the state of California and that if any portion hereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
- Releasor further certifies he/she has no medical condition, which has not been disclosed to Company and/or the MY Parties.
- Releasor acknowledge and agrees that no refunds will be provided by Company and/or the MY Parties, for any unused class passes or class packages, including non-attendance, unless Company closes its business, at which time a prorated refund of remaining classes on any class pass or class package will be provided.
- By executing this Agreement Releasor is indicating that he/she has read, fully understands, and agrees to the terms of the foregoing. Releasor further indicates he/she has voluntarily signed this Agreement, and further agrees that no oral representations, statements, or inducements apart from this Agreement have been made by the Released Parties or anyone else with regard to the subject matter hereof.
- IT IS RELEASOR’S EXPRESS INTENTION BY THIS AGREEMENT TO EXEMPT AND RELEASE THE RELEASED PARTIES FROM ANY AND ALL LIABILITY AND/OR RESPONSIBILITY WHATSOEVER FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH WHICH RELEASOR MAY EXPERIENCE, HOWEVER CAUSED, INCLUDING WITHOUT LIMITATION THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY PRODUCT LIABILITY.
- Releasor hereby acknowledges that it is familiar with the provisions of California Civil Code, Section 1542, which provides as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
- In the event that any waiver, release, relinquishment or discharge set forth in this Agreement, or under or pursuant to California Civil Code Section 1542, should be judicially determined to be invalid, voidable or unenforceable, for any reason, the release, relinquishment or discharge to that extent shall be severable from the remaining provisions of this Agreement, and the invalidity, voidability or unenforceability or interpretation of the remaining provisions of this Agreement or any portion hereof. Releasor, being aware of said Code Section, hereby expressly waives any rights he/she may have thereunder, as well as under any other statutes or common law principles of similar effect.
This Agreement shall be construed by the laws of the State of California and Releasor agrees to the personal jurisdiction of the State of California, County of Los Angeles. This Waiver and Release is perpetual and shall not have an expiration date.