I AGREE THAT AS A VOLUNTARY PARTICIPANT IN ANY SESSION, CLASS, OR WORKSHOP INVOLVING MEDITATION, MINDFULNESS, YOGA, OR OTHER MODALITY (“THE PROGRAMS”) OFFERED BY THE SACRED HEALING ROSE, LLC (“THE COMPANY”), I DO SO AT MY OWN RISK.
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I AM AWARE AND UNDERSTAND THAT I WILL RECEIVE INFORMATION AND INSTRUCTION ABOUT YOGA, MEDITATION, MINDFULNESS, PHYSICAL EXERCISE, AND HEALTH. I RECOGNIZE THAT THESE ACTIVITIES MAY REQUIRE PHYSICAL EXERTION, WHICH MAY BE STRENUOUS AND MAY CAUSE OR EXACERBATE PHYSICAL INJURIES. PARTICIPATION IN THE PROGRAMS IS A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVES THE RISK OF SERIOUS INJURY, ILLNESS, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, PSYCHOLOGICAL HARM, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS. INJURIES MAY INCLUDE, BUT ARE NOT LIMITED TO, MUSCLE STRAINS, MUSCLE SPRAINS, MUSCLE SPASMS, HEART ATTACKS, RAISED BLOOD PRESSURE, RUPTURES, AND BROKEN, FRACTURED, OR DISLOCATED BONES. I ACKNOWLEDGE THESE RISKS, AND ANY INJURIES I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY, NOTWITHSTANDING THESE RISKS, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN AND DESIRE TO PARTICIPATE IN THE PROGRAMS WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS, INCLUDING THOSE LISTED ABOVE, ARISING FROM MY PARTICIPATION IN THE PROGRAMS, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.
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I HEREBY EXPRESSLY WAIVE AND RELEASE ANY AND ALL CLAIMS, NOW KNOWN OR HEREAFTER KNOWN, AGAINST THE COMPANY AND ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “RELEASEES”), ON ACCOUNT OF PERSONAL OR PSYCHOLOGICAL INJURY, ILLNESS, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, OR FINANCIAL LOSS ARISING OUT OF OR ATTRIBUTABLE TO MY PARTICIPATION IN THE PROGRAMS, WHETHER ARISING OUT OF THE ORDINARY NEGLIGENCE OF THE COMPANY OR ANY RELEASEES OR OTHERWISE. I COVENANT NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST THE COMPANY OR ANY OTHER RELEASE AND FOREVER RELEASE, HOLD HARMLESS, AND DISCHARGE THE COMPANY AND ALL OTHER RELEASEES FROM LIABILITY UNDER SUCH CLAIMS. THIS RELEASE AND WAIVER DO NOT EXTEND TO CLAIMS FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR ANY OTHER LIABILITIES THAT IDAHO LAW DOES NOT PERMIT TO BE RELEASED BY AGREEMENT. I AGREE TO DEFEND AND INDEMNIFY THE COMPANY AGAINST ANY AND ALL LEGAL CLAIMS AND DEMANDS, INCLUDING REASONABLE ATTORNEY'S FEES, WHICH MAY ARISE FROM OR RELATE TO MY USE OR MISUSE OF THE PROGRAMS OR MY CONDUCT OR ACTIONS. I AGREE THAT THE COMPANY SHALL BE ABLE TO SELECT ITS OWN LEGAL COUNSEL AND MAY PARTICIPATE IN ITS OWN DEFENSE IF DESIRED. I AGREE THAT THIS RELEASE AND WAIVER OF LIABILITY(“RELEASE”) APPLIES TO ALL THE PROGRAMS THAT I PARTICIPATE IN, REGARDLESS OF WHERE THE PROGRAMS OR ACTIVITIES TAKE PLACE.
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I confirm that I: (a) am in good health and proper physical condition and do not have any medical or other conditions that would impair my ability to participate in the Programs; and (b) am not experiencing medical conditions which would increase the risk for injury when I participate in the Programs or otherwise. I acknowledge that the Company is relying on these statements and those in the attached Acknowledgment, to allow me to participate in the Programs.
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This Release and Waiver of Liability (and the attached Acknowledgment, which is incorporated herein) constitutes the sole and entire agreement of THE COMPANY and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of THE COMPANY and their respective successors and assigns and me and my heirs, successors, or assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Idaho without giving effect to any choice or conflict of law provision or rule (whether of the State of Idaho or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts in Idaho, in Ada County. I hereby consent to the exclusive jurisdiction of such courts.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE ___________________ “THE COMPANY.”
I am the parent or legal guardian of the minor named below. I have the legal right to consent to and, by signing below, I hereby do consent to the terms and conditions of this Release and Waiver of Liability.