WHEREAS, Patricia Boekhout, owner of Yoga with Heart, LLC DBA Top Gallant Yoga, (“Studio”) and John Ingraham, an individual, are the owners of property located at 10782 58th Road South, Lake Worth, FL 33449-5432 (“Premises’), and are willing to permit the individuals signing this Agreement, along with any minors for which the individuals signing are responsible, to use the Premises for the purpose of participating in yoga classes, personal health programs, wellness workshops, retreats and/or other wellness, assisted stretch, massage, training fitness, nutrition, breath and bodywork, meditation, wellness therapy, aroma, and sound therapies, exercise, mentoring, Reiki and chakra balancing, energy and healing arts activities and other related activities. (Collectively, the “Activities”) The Activities may be offered in the physical location of the Premises or offered Online via digital media or platforms. All of such offerings, either physical or online, shall be considered “Activities.” offered by the property owners and the Studio upon the terms and conditions of this Agreement.
In consideration for being provided access to and use of the Premises, whether in the physical location or online, each person signing below hereby stipulates and agrees:
1. Use of Premises. I understand and agree that I may only use the Premises for the purposes set forth in this Release and Waiver of Liability agreement at or around the date and time of Activities for which I register to participate. I further agree that I am responsible for the proper use and care of the Premises, any of the Studio's property thereon, and that I will be liable for the replacement cost of any Studio property which is damaged, destroyed or lost. I further agree that this Release and Waiver of Liability is further in effect at all times that I am on or near the property outside participation in the Activities.
2. Assumption of Risk. I understand and acknowledge that the Activities may be dangerous and may involve both obvious and non-obvious risks that I may sustain serious injury, temporary or permanent disability, death, and/or property damage. I understand that the Activities that take place on the Premises or Online may not be supervised and that the Studio does not provide medical services. I further acknowledge that any injury I, or any other person, or other living being I bring upon the Premises or are nearby if Online participation, may sustain may be compounded by negligent or delayed medical service.
I recognize that I must be in adequate physical and mental health to participate in the Activities. I understand that the Activities may require intense physical exertion, and I represent and warrant that I am physically fit enough to participate, and I have no medical condition which would prevent my full participation in the Activities. I recognize that the Activities may cause or aggravate a physical injury or medical condition. I understand that it is my responsibility to consult with a physician before my participation in the Activities. If I have done so, I have taken the physician’s advice. I understand that the Studio reserves the right to refuse my participation in any Activity on medical, fitness or any other grounds.
I am aware that my participation in the Activities could result in high blood pressure, fainting, heartbeat disorders, physical injury, heart attack or stroke and may aggravate pre-existing injuries. I understand that I could experience muscle, back, neck and other injuries as a result of my participation in the Activities. I understand my physical limitations and I am sufficiently self- aware to stop or modify my participation in any Activity before I become injured or aggravate a pre-existing injury.
Studio recognizes the importance of activities within the Premises and Online being conducted in a safe and responsible manner so as to prevent illness or injury to the participant and others. I assume responsibility for implementing and monitoring all government mandated, industry standard, or reasonably expected Health and Safety precautions related to activities within the Premises or Online.
I VOLUNTARILY AND FREELY ASSUME ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO MY USE OF PREMISES AND MY PARTICIPATION OF ACTIVITIES, WHETHER AT PREMISES OR ONLINE, INCLUDING THE RISK OF INJURY, DEATH OF MYSELF, OTHER PERSONS, AND/OR OTHER LIVING BEING, OR PROPERTY DAMAGE.
3. Accident, Medical, and Personal Liability Insurance. Should medical treatment be required, I agree that my accident and/or medical insurance company shall pay for all such incurred expenses. Should my actions associated with the Activities within the Premises or Online cause injury or damage of any kind, my personal liability insurance shall pay for such damages.
4. Release from Liability. I hereby agree, on behalf of myself, my heirs and my personal representatives, to fully and forever discharge and release Studio and its affiliates, and their respective heirs, trustees, beneficiaries, members, managers, partners, assigns, agents, employees, guests, visitors, and invitees, independent contractors, instructors, and other owner(s) of the Premises and representatives (“Released Parties”) from any and all claims I may have or hereinafter have for any injury, temporary or permanent disability, death, damages, liabilities, expenses and/or causes of action, now known or hereinafter known in any jurisdiction in the world, attributable or relating in any manner to my entry upon and use of the Premises or my participation in the Activities, whether caused by the negligence of the Studio or any of the Released Parties or by any other reason. I acknowledge and agree that this Release and Waiver of Liability is intended to be, and is, a complete release of any responsibility of the Released Parties for any and all personal injuries, temporary or permanent disability, death, and/or property damage sustained by me while on or using the Premises or participating in the Activities.
5. Covenant Not to Sue. I agree, for myself and all my heirs, not to sue the Released Parties or initiate or assist in the prosecution of any claim for damages or cause of action against the Released Parties which I or my heirs may have as a result of any personal injury, death or property damage I may sustain while on or using the Premises or participating in the Activities.
6. Indemnification. I hereby agree to defend, indemnify and hold harmless Studio and the Released Parties from and against any third party losses, damages, actions, suits, claims, judgments, settlements, awards, interest, penalties, expenses (including reasonable attorneys’ fees) and costs of any kind for any personal injury, loss of life or damage to property sustained by reason of or arising out of my use of the Premises or participation in any activities on the Premises.
7. Responsibility for Personal Property. I acknowledge and agree that I am fully and solely responsible for any of my vehicle, property and personal belongings, including living beings, that I bring onto the Premises or while participating in the Activities and that Studio will not be responsible for or provide any security for my property and personal belongings.
8. No Representations by the Studio. I acknowledge that Studio makes no representation as to the condition of the Premises or the safety of any structures or equipment at the Premises. I accept and shall use the Premises in its “AS IS” condition. I acknowledge and agree that I am not relying upon any representation or statement by the Studio or the Studio’s employees, agents, or representatives regarding this agreement or the Premises, except to the extent such representations are expressly set forth in this agreement.
9. Media Release: I hereby give permission to be photographed, audio and/or video recorded by Studio or its representatives in connection with promotional, marketing, and/or advertising activities. I understand and agree that the photographs, images, audio and/or video recordings thereof containing my name, likeness, and voice, including transcripts thereof, may be used in the production of promotional materials, and for other purposes that Studio deems appropriate and that such materials may be distributed to the public and displayed publicly one or more times and in different formats, including but not limited to, websites, social media, cablecasting, broadcasting, promotional media, and other forms of transmission to the public. I also understand that this permission to use the photographs, video and audio recordings, and name in such material is not limited in time and that I will not receive any compensation for granting this permission.
10. Term: This release and waiver of liability remains in effect in perpetuity unless specifically terminated in writing by Patricia Boekhout, Yoga with Heart, LLC DBA Top Gallant Yoga, (“Studio”) or John Ingraham.
11. Governing Law and Venue. This Release and Waiver of Liability agreement will be governed by and interpreted in accordance with the laws of the State of Florida, without giving effect to the principles of conflicts of law of such state. I agree that any action arising out of this Release and Waiver of Liability agreement must be brought exclusively in any state or federal court located in Palm Beach County, Florida.
THE PARTIES FURTHER AGREE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO WAIVE ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM, COUNTERCLAIM OR ACTION ARISING FROM THE TERMS OF THIS AGREEMENT.
12. Dispute Resolution. The parties agree to attempt to settle any claim or controversy arising out of this Agreement through consultation and negotiation in good faith and spirit of mutual cooperation. When a dispute arises, the dispute will be submitted in writing to the other party for resolution. If the parties are unable to resolve the dispute within fifteen (15) days, either party may refer the dispute to mediation, the cost of which will be shared equally by the parties, except that each party will pay its own attorney's fees. Within fifteen (15) days after written notice demanding mediation, the parties will choose a mutually acceptable mediator. Neither party will unreasonably withhold consent to the selection of the mediator. If the dispute cannot be resolved through mediation within forty-five (45) days, either party may submit the dispute to a state or federal court of competent jurisdiction in the State of Florida, U.S.A. Use of any dispute resolution procedure will not be construed under the doctrines of laches, waiver, or estoppel to adversely affect the rights of either party. Nothing herein prevents either party from resorting to judicial proceedings if the dispute is with respect to Intellectual Property Rights, or interim relief from a court is necessary to prevent serious and irreparable injury to a party or others.
13. Attorney’s Fees: If either Party incurs any legal fees associated with the enforcement of this Agreement or any rights under this Agreement, the prevailing Party shall be entitled to recover its reasonable attorney’s fees and any court, arbitration, mediation, or other litigation expenses from the other Party.
14. Waiver. No waiver of any term or right in this Release and Waiver of Liability 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.
15. Survival. Any provision of this Release and Waiver of Liability agreement providing for performance by either party after termination of this agreement shall survive such termination and shall continue to be effective and enforceable.
16. Compliance with Laws. In the performance of the terms of this Release and Waiver of Liability agreement and use of the Premises, the parties shall comply with all applicable federal, state, regional and local laws, rules and regulations.
17. Severability. If any provision or portion of this Release and Waiver of Liability agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.
18. 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.
I HEREBY ACKNOWLEDGE THAT I HAVE FULLY READ AND UNDERSTAND EACH OF THE ABOVE PROVISIONS. I ACKNOWLEDGE THAT PRIOR TO SIGNING THIS AGREEMENT I HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY TO REVIEW THIS AGREEMENT. I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT, AND I EXECUTE THIS AGREEMENT VOLUNTARILY AND FOR ADEQUATE CONSIDERATION INTENDING TO BE FULLY BOUND ON MY OWN BEHALF, ON BEHALF OF MINORS FOR WHICH I AM RESPONSIBLE, MY SPOUSE, HEIRS, AGENTS, REPRESENTATIVES, RELATIVES, SUCCESSORS, AND ASSIGNS.