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1. I agree and acknowledge that I am fully aware that participation in the yoga activities involve risks and I accept all the risks of participating, even if the risks are created by the negligence or gross negligence of a Released Party (as defined below) or anyone else. I further understand that it is my responsibility to have been examined by a licensed physician within the past 6 months who has found me to be in good health and fully able to perform all yoga activities which I am to learn and perform during my enrollment with Bonfire Hot Yoga.
2. “Claims” includes but is not limited to any and all liabilities, claims, demands, legal actions, rights of actions for damages, bodily injury, disability, illness, disease, death, financial loss, property loss, damage, or destruction, or harm of whatever nature, whether forseen or unforeseen, that may be sustained or suffered in connection with participation in the Activity. “Released Party” means Bonfire Hot Yoga or any of its affiliates, franchisees and their respective representatives, directors, officers, agents, employees or volunteer staff.
3. I agree that if I bring any personal property to the Property, and if I store or leave and personal property at the Property, I will do so at my own risk and that none of the Released Parties shall have any liability in the event of the loss, damage, unauthorized use (by any person other than a Released Party), theft, or injury resulting from the personal property.
4. I hereby, for myself and for my heirs, next of kin, distributees, guardians, legal representatives, 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 recourses which I may now or hereafter have resulting from any decision of any Released Party.
5. 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) 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.
6. 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 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.
7. 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 assumption of risk, waiver, release of liability, agreement not to sue and indemnity.
8. Severability: 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. 9. This agreement shall be governed and construed under the laws of the State of Oregon.
9. I acknowledge that Bonfire Hot Yoga has the right to refuse service to anyone, including me, for any reason. I also acknowledge that Bonfire Hot Yoga does not give refunds, exchanges, extensions or transfers on class card packages.
10. I represent and warrant that a.) I have fully read and understand this agreement; b.) I am 18 years of age or older and am legally competent to enter into this Release; c.) no promise, inducement, or agreement has been offered or made to me in connection with my execution and delivery of this Release; d) I have knowingly and voluntarily executed and delivered this release at my own risk and initiatie, and my own free will, without relying on any statement or representation or any released party. 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.
BY SIGNING BELOW, Participant accepts and agrees to the terms and provisions contained in this agreement.