VOLUNTARY GENERAL RELEASE, WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT
For and in consideration of permitting ______________________ (name of client) (the “Client”) to enroll, engage, and participate in any or all fitness and activities including, without limitation, Pilates, yoga, strength training, flexibility training, meditation, somatic experiencing work, and other general fitness or movement-related activities, and incidental activities and instructions thereto (collectively, the “Activities”) given by Leslie Porter or any of her employees, independent contractors, teachers, instructors, agents, or representatives (collectively, the “Instructor”) in relation to the Instructor’s workshops, retreats, trainings/mentoring, and other classes, and use of the premises and its facilities, apparatuses, equipment, and the like (collectively, the “Facilities”), beginning on ________________ (month, day, and year) and continuing thereafter, the Client agrees to the following:
1. Informed Consent to Physical Adjustments. The Client understands that during the performance of the Activities, the Instructor will periodically monitor the Client’s performance and/or assess the Client’s feelings of effort for the purposes of monitoring the Client’s progress. The Client understands and consents that during the performance of the Activities, physical touching and positioning of the Client’s body may be necessary to engage in certain Activities including, without limitation, to ensure that the Client is using proper technique and/or body alignment. The Client expressly consents to the physical contact by the Instructor for these reasons.
2. Use of the Facilities. The Client agrees that he/she will be responsible for the proper use and care of the Facilities and any of the Instructor’s property thereon, and that he/she will be liable for the replacement cost of any of the Facilities and the Instructor’s property thereon that is damaged, destroyed, or lost. The Client also agrees to clean up and restore the Facilities after he/she is done using the Facilities and any of the Instructor’s property thereon as permitted in this agreement to the same condition in which it was provided to the Client.
3. Assumption of the Risk. The Client understands and acknowledges that there are certain inherent risks associated with the Activities and/or use of the Facilities that may be dangerous and may cause injury, temporary or permanent disability, death, and/or property damage to the Client, which the Client appreciates. The Client understands that any type of physical activity, exercise, or assessment whether with the Instructor or the Releasees (as defined below) or on the Client’s own volition may be physically strenuous and the Client voluntarily participates with full knowledge that there is risk of personal injury, bodily injury, property damage, or death. The Client understands that the Instructor does not provide medical services. The Client further acknowledges that any injury he/she may sustained while using the Facilities or engaging in the Activities may be compounded by negligent or delayed medical services. ACCORDINGLY, THE CLIENT HEREBY VOLUNTARILY AND FREELY ASSUMES FULL RESPONSIBILITY FOR ANY DANGERS AND/OR RISK OF PERSONAL INJURY, BODILY INJURY, PROPERTY DAMAGE, OR DEATH DUE TO THE NEGLIGENCE, OR OTHERWISE, OF THE CLIENT, THE INSTRUCTOR, AND/OR THE RELEASEES, OR OTHERWISE IN RELATION TO THE ACTIVITIES AND/OR USE OF THE FACILITIES.
4. Release, Discharge, and Covenant Not to Sue. The Client voluntarily, fully, and forever releases, discharges, waives, and relinquishes any and all actions or causes of action, counts, claims, demands, losses, damages, liabilities (including attorneys’ fees and costs), and the like (collectively, the “Claims”) that may arise against the Instructor, any of her agents, representatives, servants, or employees, and/or the owner or tenant of the premises (collectively, the “Releasees”) on account of injury, incident, temporary or permanent disability, death, or accident whether personal, bodily, or property, whether caused by negligence or otherwise, while the Client is enrolled, engaged, or participates in the Activities and/or use of the Facilities, for whatever period the Activities and/or use of the Facilities may continue. The Client acknowledges and agrees that this agreement is intended to be, and is, a complete release of any responsibility of the Instructor and the Releasees for any and all Claims for personal injuries, temporary or permanent disability, death, and/or property damage sustained by the Client while engaging in the Activities or using the Facilities. Further, the Client does for him/herself and his/her heirs, executors, administrators, representatives, agents, or assigns hereby release, waive, discharge, and relinquish any Claims, aforesaid, which may hereafter arise for him/herself and for him/her estate, and agrees that under no circumstances will he/she or his/her heirs, executors, administrators, representatives, agents, or assigns prosecute or present any Claims for personal injury, bodily injury, property damage, or wrongful death against the Instructor and the Releasees for any of said Claims, whether the same arise by the negligence of the Instructor or her Releasees, or otherwise.
5. Responsibility for Personal Property. The Client acknowledges and agrees that he/she is fully and solely responsible for any of his/her property and personal belongings that the Client brings onto the premises and that the Instructor will not be responsible for or provide any security for the Client’s property or personal belongings.
6. Governing Law; Venue; Severability. The Client expressly agrees that this agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held illegal, invalid, or unenforceable, it is agreed that the remaining provisions or portions shall continue in full force and effect. Further, the Client
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agrees that this agreement shall be constructed in accordance with and governed by the laws of the State of California, without regard to its internal conflicts of law principles. The Client agrees that any action arising out of this agreement must be brought exclusively in any state or federal court located in the County of Los Angeles, in the State of California.
7. Indemnification. The Client, for him/herself and for his/her heirs, executors, administrators, representatives, agents, or assigns, agrees that, in the event any Claims for personal injury, bodily injury, property damage, or wrongful death shall be prosecuted against the Instructor and/or the Releasees, the Client shall indemnify, defend, save, and hold harmless the same Instructor and the Releasees from any and all Claims by whomever or wherever made or presented for personal injury, bodily injury, property damage, or wrongful death.
8. Waiver. No waiver of any term or right in this agreement shall be effective unless in writing, signed by an authorized representative of the waiving party. The failure of any party to enforce any provision of this agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this agreement thereafter.
9. Survival. Any provision of this agreement providing for performance by either party after termination of this agreement shall survive such termination and shall continue to be effective and enforceable.
10. Entire Agreement; Modification; Binding Effect. This Agreement is the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the parties, whether written, oral, electronic, or otherwise. No change, modification, amendment, or addition of or to this agreement shall be valid unless in writing and signed by authorized representatives of the parties. This agreement shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the parties.
11. Acknowledgement. The Client acknowledges that he/she has read the foregoing paragraphs, has been fully and completely advised of the potential dangers incidental to the Activities and/or use of the Facilities, and is fully aware of the legally binding consequences of signing this agreement. The Client agrees and acknowledges that he/she is under no pressure or duress to sign this agreement; and agrees and acknowledges that the Instructor has offered to refund any fees paid for yet- to-be engaged Activities and/or use of the Facilities should he/she choose not to sign this agreement.
I HEREBY ACKNOWLEDGE THAT I HAVE FULLY READ AND UNDERSTAND EACH OF THE ABOVE PROVISIONS. I AM FULLY COMPETENT, AND I EXECUTE THIS AGREEMENT VOLUNTARILY AND FOR ADEQUATE CONSIDERATION INTENDING TO BE FULLY BOUND. IT IS MY INTENTION, BY THIS AGREEMENT, TO EXEMPT AND RELIEVE LESLIE PORTER AND THE RELEASEES FROM LIABILITY FOR PERSONAL INJURY, BODILY INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR OTHERWISE.