YOGA & WELLNESS STUDIO
285 W. 6th Street, Unit 101 | San Pedro, CA 90731 | 323-393-0242 | www.theholocolective.com

*Please tell us if you do not wish to receive offers and information by email.

am physically capable of participating in an exercise program that may include, but is not limited to, yoga, stretching, meditation, strength training and other physical exercise (the "Wellness Program") provided by Nancy Poole d/b/a The Holo Collective ("The Holo Collective"). The Holo Collective includes its employees, affiliates, agents and independent contractors. For Wellness Programs conducted at Berth 77 Park, Berth 84 Park or any other approved area of West Harbor, "Released Parties" also includes San Pedro Public Market LLC d/b/a West Harbor, SPPM Development LLC, SPPM Managing Member LLC, Jerico SPPM LLC, Jerico Development, Inc., The Ratkovich Company, R-SPPM LLC, RM Properties, LLC, Osprey Investors LLC, the City of Los Angeles, Board of Harbor Commissioners, Harbor Department and Port of Los Angeles, and each of their respective owners, members, managers, officers, directors, employees, agents, contractors, vendors, volunteers, lenders, landlords, affiliates, successors, assigns and designees.

I represent that I am familiar with the Wellness Program, including yoga, and understand that it involves inherent and other risks. The Holo Collective may suggest movements, postures or poses to the group, or assist me individually, but I understand it is my responsibility to modify or stop any action beyond my physical limitations. I will limit my actions to those my body is comfortable with, monitor for pain or symptoms of injury, and immediately notify The Holo Collective of concerns. If I am under the care of a healthcare provider, I must provide The Holo Collective with documentation clearing me to participate in the Wellness Program.

I know that by participating in the Wellness Program, I risk personal injury or possible death from many causes, including common, serious and catastrophic injuries; misuse or failure of facilities or equipment; and reliance upon other persons assisting me. For activities at West Harbor, these risks also include uneven, wet or slippery surfaces; slips, trips and falls; weather; heat; sun exposure; wind; dehydration; waterfront conditions; pedestrian and vehicle activity; nearby construction or special events; collisions with people or objects; equipment failure; and possible delay in emergency medical assistance.

I FREELY ACCEPT AND FULLY ASSUME THE RISK THAT I CAN GET HURT, including in ways that are unknown or unexpected and even if I follow instructions or advice. In addition to the representations above, I agree as follows:

THE HOLO COLLECTIVE

1. In full consideration of the above-mentioned risks and my willing and voluntary participation, I hereby WAIVE, RELEASE, REMISE and DISCHARGE the Released Parties from all liability, claims, demands, actions, rights of action or damages of any kind related to, arising from or connected with my participation in the Wellness Program, training or events, including claims based on the ordinary negligence of a Released Party, except to the extent liability cannot lawfully be released. I further agree to indemnify, defend and hold harmless the Released Parties from any loss, damage, liability or cost, including bodily injury or property damage, arising from my presence at the premises or participation in the Wellness Program. This waiver and release does not apply to a Released Party's willful misconduct or grossly negligent acts.

2. I agree that the Released Parties shall not be liable or responsible for my personal belongings and that I should not bring anything of value to the premises without approval when participating in the Wellness Program.

3. ARBITRATION AND GOVERNING LAW. Any controversy or claim arising out of or relating to this contract, or its breach, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be one. The place of arbitration shall be Los Angeles, California. California law shall apply. Judgment on the award may be entered in any court having jurisdiction.

4. SEVERABILITY. If any provision of this agreement, including any release, assumption-of-risk or indemnification provision, is held unenforceable, the remaining provisions shall remain enforceable to the fullest extent permitted by law.

5. I HAVE READ AND UNDERSTAND this Agreement and intend it to bind me, my heirs, executors, administrators and assigns. If I am signing on behalf of a minor child, I represent and warrant that I am doing so with the consent and approval of the requisite spouse, if any, and understand that I am acknowledging the risks to my child.

I am the parent or legal guardian of the minor participant named above. I make and enter into each representation, assumption of risk, waiver, release and indemnity described above on behalf of myself and, to the fullest extent permitted by law, the minor. I intend to give up my rights and, to the fullest extent permitted by law, the minor's rights to maintain any claim or suit against the Released Parties arising from the minor's use of facilities or equipment or participation in the Wellness Program, including claims based on the ordinary negligence of a Released Party, except to the extent liability cannot lawfully be released. I represent that I have legal authority to sign for the minor and agree to indemnify the Released Parties for liability arising from any lack of authority on my part. This provision does not release gross negligence or willful misconduct to the extent such liability cannot lawfully be released.