This EVENT RELEASE AND WAIVER AGREEMENT (the “Agreement”) is entered into effective the date signed below by and between Divine Yoga Properties, LLC, a California limited liability company (the “Company”) and the Participant named below who agrees to the following terms and conditions.
In consideration for allowing me (or my minor child) and all of my guests and on behalf of myself, my child or our personal representatives, heirs, next-of-kin, spouses and assigns to enter and be on the premises located at 37389 Avenida Chapala, Temecula, California 92592 (the “Premises”), I, on behalf of myself (and my minor child) (all individuals above shall be included in the term “Participant”) agree to the following terms and conditions:
1. Acknowledgement and Assumption of Risk. Participant acknowledges that there are risks and hazards connected with being on the Premises and that Participant hereby elects to voluntarily enter the Premises and engage in the activities to be performed on the Premises knowing that conditions may be hazardous (the “Activity”). Participant voluntarily assumes all such risks and danger associated with the Activity and that any such Activity shall be performed at Participant’s own risk including any and all guests of Participant.
2. Release and Hold Harmless. Participant shall and does hereby agree to release, indemnify, and forever hold harmless, to the fullest extent permitted by law on behalf of Participant, Participant’s guests, and Participant’s heirs, the Company, doing business under its own name or any other name, and/or any of its owners, representatives, officers, directors, shareholders, members, employees and agents (hereinafter the “Releasees”), from and against all claims, damages, losses, liability and expenses, including but not limited to attorney’s fees arising out of or resulting from the loss, damage, or injury (including death) in anyway connected with either Participant’s participation in the Activity or any acts or omissions of employees or agents of Company that results, whether directly or indirectly, in harm to Participant’s person or property, Participant’s guests, or that of Participant’s or guest’s children. But only to the extent caused by the negligent acts or omissions of the Releasees or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a Releasee. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this agreement.
3. Present Health Condition. Participant certifies that Participant has no medical problem or condition that could be negatively affected by the Activity.
4. Media and Photo Release. Participant consents to the recording and use of Participant’s image, likeness, and voice during the course of the Activity, in any medium, (the "Recordings"). Participant permanently and irrevocably assigns any and all rights Participant may have to the Recordings to Company. Participant further assigns all right, title, and interest to Company, in any photographs, motion pictures, audio recordings, or other records that are captured ("Participant's Recordings.") Participant understands that Company has granted no right or license to Participant's Recordings. Participant understands that Company may use the Recordings and Participant's Recordings for any purpose, including, but not limited to, advertising, marketing, promotions, publishing on websites and social media. Participant releases the Company from any and all claims and demands arising out of the Recordings and/or Participant's Recordings, without limitation and including claims for invasion of privacy, infringement of my right to publicity, defamation, and any other personal or property rights.