Please read the following carefully:
I, Participant, on behalf of myself and/ or my minor child, in consideration of the risk of injury while participating in yoga class (the "Activity"), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and indemnity and hereby waive any and all rights, claims or causes of action of any kind whatsoever, including but not limited to, claims for negligence, arising out of my participation in the Activity, and do hereby release and forever discharge Homegrown Yoga, located at 300 Allegheny River Blvd, Oakmont, Pennsylvania 15139, their affiliates, managers, members, agents, independent contractors, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, from any claims for any physical or psychological injury, including but not limited to illness, paralysis, death, economic and non-economic loss or damages, including emotional loss, that I may suffer, as either a direct result of my participating in the aforementioned Activity, or as a result of Participant being in, upon, about Homegrown Yoga’ premises or as a result of Participant using any of Homegrown Yoga ‘s facilities, services or equipment. I am voluntarily participating in the aforementioned Activity and I am participating in the Activity entirely at my own risk. I am aware of the risks associated with participating in this Activity, which may include, but are not limited to, any physical or psychological injury, pain, suffering, illness, disfigurement, including but not limited to, heart attacks, muscle strains, pulls or tears, broken bones, shin splints, heat prostration, knee/ lower back/ foot injuries and any other illness, soreness, or injury, temporary or permanent disability (including paralysis), economic, non-economic or emotional loss, and death. I understand that these injuries or outcomes may arise from my own, Homegrown’s or others' negligence or arising out of the condition of the Activity’s location and/or premises where situated. Nonetheless, I assume all related risks, both known or unknown to me, of my participation in this Activity, including risks of injury or loss while traveling on, upon, or about the premises of where Activity is situated. I agree to indemnify and hold harmless Homegrown Yoga against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf which are covered in this Waiver and Release and Indemnity. If Homegrown Yoga incurs any of these types of expenses, I agree to reimburse Homegrown Yoga. I acknowledge that Homegrown Yoga and their instructors, directors, officers, members, staff, independent contractors, volunteers, representatives and agents are not responsible for any errors, omissions, acts of active or passive negligence on the part of Homegrown Yoga, or failures to act of any party or entity conducting a specific event or activity on behalf of Homegrown Yoga. I acknowledge that this Activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, property, economic and non-economic loss. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, active or passive negligence of yoga instructors, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, Activity instructors, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event. I acknowledge that I had time to carefully read this "Waiver and Release and Indemnity" and, in fact, have fully read this “Waiver and Release and Indemnity”, and fully understand that it is a release of Homegrown Yoga liability. I expressly agree to release and discharge Homegrown Yoga and all of its affiliates, independent contractors, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, from any and all claims or causes of action, and I agree to voluntarily give up or waive any right that I otherwise have to bring a legal action against Homegrown Yoga for personal injury, property damage and economic loss resulting from physical injury. To the extent that statute or case law does not prohibit releases for negligence, this release is for negligence on the part of Homegrown Yoga, its agents, members, staff, independent contractors, and employees. In the event that I should require medical care or treatment as a result of Activity, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance. I further attest that I have no restrictions imposed or certified by a physician that would preclude my participation in yoga (Activity). In the event that any damage to equipment or facilities occurs as a result of my or my minor child’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect, willfulness or recklessness. This Agreement was entered into voluntarily, at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant, and Homegrown Yoga agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language contained herein and in accordance with the purposes for which it is entered into. In the event that any provision contained within this Waiver and Release of Liability and Indemnity shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited. I, the undersigned participant, affirm that I am of the age of 18 years or older, and that I am freely signing this agreement without duress or coercion. I certify that I have read this agreement, that I fully understand its content, that I had sufficient time to read same and understand its content, and that this release cannot be modified orally. I am aware that this is a waiver and release of liability and Indemnity and a contract and that I am signing it of my own free will.
And sign in the box below:
must be signed