Release and Waiver Agreement
This Release and Waiver Agreement ("Agreement") is entered into between Cassandra McDonough (“Instructor”) and the participant identified below (“You”). Instructor offers training and instruction regarding yoga, meditation, relaxation techniques, stress release and related exercises (collectively, “Training”).
1. Instructor recommends that You seek the advice of Your physician prior to commencing any exercise routine. You represent that You are healthy enough to engage in physical activity in connection with the Training. You understand that the Training is a potentially hazardous activity with a risk of injury, including without limitation a remote risk of serious disability or death. You assume any and all risks of injury and/or death associated with or otherwise related to Your participation in the Training, including without limitation Your use of any blocks, cushions, mats, yoga straps, or other props that may be used during Training.
2. You, on behalf of Yourself and Your heirs, family members, executors, successors and assigns, hereby fully and forever release Instructor and her heirs, family members, executors, successors and assigns from, agree not to sue concerning, and waive any and all claims, duties, obligations or causes of action relating to matters of any kind, whether presently known or unknown, suspected or unsuspected, that You may possess arising from any omissions, acts or facts relating to the Training, including without limitation any and all injuries You may sustain in connection with Training.
3. You will indemnify and hold Instructor harmless against any and all claims, losses, damages, expenses (including without limitation reasonable attorneys’ fees) and judgments arising out of Your participation in the Training, except to the extent any such claim is caused by Instructor’s recklessness or willful misconduct.
4. Instructor’s aggregate liability to You for any and all claims relating to the Training is limited to the amount paid by You to Instructor in the twelve (12) months prior to the date the claim arose. Instructor is not liable for any indirect, incidental, exemplary, consequential, special or punitive damages. Notwithstanding the foregoing or anything to the contrary, this Agreement does not waive or limit Instructor’s liability for her recklessness or willful misconduct.
5. This Agreement is intended to be as broad as is allowed under applicable law and applies to any and all claims for damages. You acknowledge that You are familiar with the provisions of California Civil Code Section 1542, which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
You agree to expressly waive any rights You may have thereunder, as well as under any other statute or common law principles of similar effect.
6. This Agreement is governed by the laws of the State of California, without reference to its conflict of laws principles. If any provision of this Agreement is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible consistent with the original intent of the parties, and the other provisions of this Agreement will remain in force. No changes or modifications or waivers may be made to this Agreement unless evidenced in writing and signed by both parties. You acknowledge that You have entered into this Agreement voluntarily in order to receive Training from Instructor and that You are not obligated to participate in Training.