WAIVER AND RELEASE OF LIABILITY
In consideration of the risk of injury while participating in Jessica Kinnear's online “Zoom” Yoga or HIIT Class (the “Activity”), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Jessica Kinnear, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result in my participation in the aforementioned Activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH.
I HEREBY DECLARE THAT I AM MEDICALLY, PHYSICALLY, EMOTIONALLY AND IN AN ALL RESPECTS FIT AND ABLE TO PARTICIPATE IN THIS CLASS. I WILL FAITHFULLY FOLLOW ALL INSTRUCTIONS GIVEN TO ME AS TO WHEN, WHERE AND HOW TO PERFORM ANY YOGA POSES OR MOVEMENTS OR TECHNIQUES (INCLUDING TO BUT NOT LIMITED TO ASANA, PRANAYAMA, MUDRA AND BHANDA) OR ANY HITT MOVEMENTS (INCLUDING CARDIO AND STRENGTH WORK) IT BEING UNDERSTOOD THAT ANY DEVIATION BY ME FROM SUCH INSTRUCTIONS SHALL BE AT MY OWN RISK.
I agree to indemnify and hold harmless Jessica Kinnear against any and all claims, suits or actions of any kind, whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Jessica Kinnear incurs any of these types of expenses, I agree to reimburse Jessica Kinnear.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSINGLY AGREE TO RELEASE AND DISCHARGE JESSICA KINNEAR AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSE OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST JESSICA KINNEAR FOR PERSONAL INJURY OF PROPERTY DAMAGE.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Jessica Kinnear.
In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment.
This Agreement was entered into at arm’s-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both I, the Participant, and Jessica Kinnear agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
I, the participant, affirm that I am of the age of 18 years or older, and that I am entering into this agreement. I certify that I have read this agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract and that I am signing it of my own free will.
UPON BOOKING INTO THIS CLASS YOU INDICATE YOUR ACCEPTANCE OF THE WAIVER AND TERMS OF CONDITIONS.