RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT TO PARTICIPATE.
COVID-19 WAIVER ADDITION
I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I and/or my children may be exposed to or infected by COVID-19 by attending the Studio and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at the Studio may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Studio employees, teachers, and other participants. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself and/or my children (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I and/or my child(ren) may experience or incur in connection with our attendance at the Studio. On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless the Studio, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the Studio, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Studio program.
1. In consideration of services at the studio, its Members, agents, contractors, employees, volunteers, participants, lessors, insurers and all other persons or entities acting in any capacity on their behalf (hereafter collectively referred to as RELEASEES), I agree to release and discharge RELEASEES, on behalf of myself, my children, parents, guardians, heirs, assigns, personal representatives and estate as follows:
2. In consideration of my being allowed to participate in the studio activities, classes, or parties and/or to use its equipment, I agree to the following waiver and release.
3. I, for myself, my heirs, executors or anyone else who may claim on my behalf, hereby waive, release and forever discharge, Vertical Pole Studio operating under the assumed name of Vertical Pole Studio, Navarre Beach Yoga Studio and the Aerial Circus Kids Program, its owners, directors, officers, employees, representatives, class, lessons or party presenters, executors, and all others (the “Releasees”) from any and all responsibilities or liability from personal injury, death, damage to property or loss of any kind resulting from participating in any programs or parties or my use of equipment belonging to or made available by Releasees due to any cause whatsoever, including negligence, breach of contract, or breach of any statutory or other duty of care, and also including the failure on the part of Releasees to safeguard or protect me from the risks, dangers and hazards of participating in a demo, party or lesson activity.
4. I do hereby declare myself to be physically sound and suffering from no condition, impairment, disease, infirmity, or other illness that would prevent my participation in any of the activities and programs of Vertical Pole Studio, Navarre Beach Yoga Studio and the Aerial Circus Kids Program – or use of equipment. I acknowledge that it has been recommended that I have an annual or more frequent physical examination and consultation with my physician(s), if deemed necessary by my physician(s) as to physical activity, dance, exercise, and use of exercise and training equipment, so that I might have recommendations concerning these fitness activities and equipment use. I acknowledge that I have either had a physical examination and have been given my physician’s permission to participate, or that I have decided to participate in activity and/or use of equipment without the approval of my physician and do hereby assume all responsibility for my participation in activities and use of equipment in my activities.
5. I understand that FUN classes, activities and lessons involve risk, dangers and hazards and I freely accept and fully assume all such risks, dangers and hazards and the possibility of personal injury, death, property damage and loss resulting there from.
6. I acknowledge that I have read the Policies and Procedures governing the use of Vertical Pole Studio, Navarre Beach Yoga Studio and the Aerial Circus Kids Program, and equipment, and I agree that I will fully comply with these Policies as they are amended from time to time.
7. Vertical Pole Studio, Navarre Beach Yoga Studio and the Aerial Circus Kids Program shall not be liable for any injuries or any damage to any participant or be subject to any claim, demand, injury or damages, whatsoever, including without limitation, those damages from acts of passive or active negligence, action or inaction on the part of Vertical Pole Studio, Navarre Beach Yoga Studio and the Aerial Circus Kids Program, its Members, employees or agents. Participant does not hereby expressly forever release and discharge Vertical Pole Studio, Navarre Beach Yoga Studio and the Aerial Circus Kids Program from all such claims, demands, injuries, damages, actions, or causes of action. Participant acknowledges that she/he has carefully read this paragraph and fully understands that this is a waiver and release of liability.
8. This agreement and any rights, duties and obligations as between the parties to this agreement shall be governed by and interpreted solely in accordance with the laws of the State of Florida and no other jurisdiction, and any Litigation involving the parties to this agreement shall be brought solely within the State of Florida and shall be within the exclusive jurisdiction of the Courts of the State of Florida.
9. I understand this document is a contract and my electronic signature of it is at my own free will. I understand that this contract is severable; that if any part of it is held by a court of law to be unenforceable, the rest shall survive. I agree that the venue to any legal action arising out of, concerning, or involving this document or the use of Vertical Pole Studio, Navarre Beach Yoga Studio, and the Aerial Circus Kids Program – facilities or Releases will be held in Santa Rosa County, Florida. I also understand and agree that this agreement will remain in full force and effect forever and will apply to any and all visits, now and forever to Vertical Pole Studio, Navarre Beach Yoga Studio and the Aerial Circus Kids Program.
10. I do hereby grant Vertical Pole Studio, Navarre Beach Yoga Studio and the Aerial Circus Kids Program permission to use my likeness in photograph or video in any and all of its publications, including website entries and social media, without compensation or any other consideration. I understand and agree that these materials will become the property of Vertical Pole Studio, Navarre Beach Yoga Studio and the Aerial Circus Kids Program and will not be returned. I hereby irrevocably authorize Vertical Pole Studio, Navarre Beach Yoga Studio and the Aerial Circus Kids Program to edit, alter, copy, exhibit, publish or distribute images of me for purposes of publicizing Vertical Pole Studio, Navarre Beach Yoga Studio and the Aerial Circus Kids Programs or for any other lawful purpose. In addition, I waive the right to inspect or approve the finished product, including written or electronic copy, wherein my likeness appears. Additionally, I waive any rights to royalties or other compensation arising or related to the use of the photograph or video.
11. In entering this agreement I am not relying on any oral or written representations or statements made by the Releasees other than what is set forth in this agreement.
12.INDEMNITY TO THE FULLEST EXTENT ALLOWED BY FLORIDA LAW, I KNOWINGLY AND VOLUNTARILY AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ALL CLAIMS, DEMANDS, LOSSES, LAWSUITS, DAMAGES AND EXPENSES, INCLUDING REIMBURSEMENT OF REASONABLE AND NECESSARY ATTORNEY’S FEES FROM COUNSEL OF THE RELEASED PARTIES CHOICE, ARISING FROM OR RELATED TO MY PARTICIPATION IN THE EXERCISE CLASSES, PROGRAMS OR WORKSHOPS OFFERED BY VERTICAL POLE STUDIO, NAVARRE BEACH YOGA STUDIO AND THE AERIAL CIRCUS KIDS PROGRAM, AND REGARDLESS OF WHETHER SUCH CLAIM IS PURSUED DIRECTLY BY ME, INDIRECTLY BY SOMEONE ON MY BEHALF, OR BY WAY OF SUBROGATION. I AGREE THAT THIS INDEMNITY PROVISION SHALL SATISFY THE EXPRESS NEGLIGENCE TEST AND SHALL APPLY EVEN IF THE NEGLIGENCE OF BEYOND STUDIOS OR ANY OF THE RELEASED PARTIES IDENTIFIED ABOVE HAS BEEN ALLEGED.
13. I have read this release of liability and assumption of risk agreement, fully understand its terms, understand that I have given up substantial rights by signing it, and sign it freely and voluntarily without an inducement.
14. FOR PARENTS/GUARDIANS OF PARTICIPANTS UNDER THE AGE OF 18
This is to certify that I, as parent/guardian over the age of 18 with legal responsibility for this participant, do consent and agree to his/her release as provided above off all the Releasees, and for myself, my heirs, assigns, and next of kin, I release and agree to indemnify and hold harmless the Releasees from any and all liabilities incident to my minor child’s involvement of participation in any activity at Vertical Pole Studio, Navarre Beach Yoga Studio and the Aerial Circus Kids Program even if arising from the negligence of the Releasees.
If this waiver is delivered by any electronic means whatsoever and said delivery shall be of the same force and effect as the delivery of an original signature.