In consideration of participating in any class(es), course(s), workshop(s), training(s), or event(s) offered by the Life of Wellness Institute (the “Activities”), and other good and valuable consideration, the receipt and sufficiency of which I hereby acknowledge, I agree and acknowledge that I am fully aware of the nature and content of the Activities, that participation in the Activities may involve physical and mental risks and I knowingly and voluntarily accept all the risks of participating. I further understand and agree to the following:
- “Claims” includes but is not limited to any and all liabilities, claims, demands, legal actions, rights of actions for damages, personal and/or mental injury or death in connection with participation in the Activities. “Released Party” means the Life of Wellness Institute, Zoom, LearnDash, Teacher(s), hosting studio, location, or platform, and all of their affiliates, franchisees and their respective representatives, directors, officers, agents, employees and volunteer staff.
- I agree, acknowledge and warrant that: (a) I am in proper physical and mental condition to participate in the Activities, and am aware that participation could, in some circumstances, result in physical or mental injury, or death; (b) I understand my physical and mental limitations and am sufficiently self-aware to stop the Activities before I become ill or injured; and (c) I am aware that if the Activities occurs outdoors, the streets adjourning the area of the Activities are open to regular vehicular traffic during the Activities and I will obey all traffic laws and regulations.
- 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. Without limiting the foregoing, I further release any recourse which I may now or hereafter have resulting from any decision of any Released Party.
- I agree not to sue 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) involving 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 it is advisable to consult a physician prior to participating in the Activities. If I have consulted a physician, I have taken the physician ‘s advice.
- I am aware that there is no obligation for any person to provide me with medical care during the Activities. I understand and acknowledge that: (a) there may be no aid stations available for the Activities; and (b) 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.
- If the participant is less than 18 years of age, the parent or guardian agrees to the following statements:
- As a parent or guardian of the participant child, I authorize the child to participate.
- I agree that in the event the participant child, or anyone acting on his or her behalf, should make any claim, I will provide the indemnity and hold harmless described in paragraph 5 and I agree to the terms of this Release and Waiver.
- In the event of a medical emergency involving the participant child and any Released Party is unable to contact me, I agree and grant my permission that any Released Party may provide medical care to the participant child.
- 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.