LIABILITY RELEASE AND INDEMNITY

 

In consideration of permission to enter upon and engage in yoga and fitness classes and workshops ("Activities") on the premises and in the facilities of Harkness Yoga, LLC ("Harkness Yoga") located at 3812 S. Alameda St., Suite 31 B, Corpus Christi, Texas and/or at any other location and/or facility where such Activities are being conducted ("Premises"), I hereby release and forever discharge Harkness Yoga and its affiliates, managers, members, officers, agents, attorneys, employees, staff, volunteers, independent contractors and representatives, and their respective heirs, successors and assigns (together, the "Released Parties"), from, and hereby indemnify the Released Parties for, any and all claims, demands, actions, damages, losses, costs, liabilities, expenses or judgments arising or resulting from personal injury, death or property damage or loss sustained by me while participating in any such Activities or while present at or in the Premises at any time for any reason or purpose. I voluntarily agree to assume all risks associated with any such Activities, including, without limitation, (i) the condition of the Premises and any exercise equipment used in connection with the Activities, and (ii) my own physical condition that could make the Activities dangerous or injurious to my health, including, without limitation, minor injuries such as muscle soreness and tears, sprains and abrasions, and more serious health conditions such as stroke, heart attack and/or death. Moreover, I acknowledge that any injuries I sustain may be compounded by emergency response or rescue operations. I further acknowledge that my pregnancy may also compound any physical, emotional and psychological injury sustained by me as a result of the Activities, and/or sustained by my unborn child or fetus. I am knowingly and voluntarily participating in the Activities in spite of, and accept full responsibility for, any and all risks of injury, death and property damage or loss, as identified above and/or whether or not expressly identified herein.

 

I intend this Release to be for the benefit of the Released Parties and others acting on behalf of or upon the request of the Released Parties, and I further intend this Release to be binding upon my heirs, personal representatives, successors, assigns and any person claiming by, through or under me.

 

I further intend that the Released Parties named above be released and held harmless from and indemnified for any and all liabilities, costs, expenses, claims, actions, suits or obligations whatsoever, whether for loss, damage, theft or injury to persons or property or otherwise, of any kind or nature, in contract or in tort, caused by or resulting from their own negligence, whether passive or active, and whether sole, joint or concurrent, AND INCLUDING THEIR OWN GROSS NEGLIGENCE. In this regard, I acknowledge that this provision is conspicuous and satisfies the requirements of the Express Negligence Rule in the State of Texas.

 

I acknowledge that I have been advised to obtain health and/or public liability 2 insurance covering occurrences arising in or on the Premises by adding the Activities onto my homeowner's insurance policy, or by other appropriate method, to protect me and my dependents from such liability, and that the Released Parties' liability insurance neither protects me or my dependents nor waives the rights of subrogation against me or my dependents.

 

I acknowledge and agree that this Release is intended to be as broad and inclusive as permitted by the laws of the State of Texas, and, if any portion hereof is held invalid, then such portion shall be reformed to be as broad and inclusive as Texas law may permit, and the Release as so revised shall continue in full force effect as herein written. I further acknowledge and agree that any legal action pertaining to this Release, the Activities or my use of the Premises shall be brought in and venue shall lie exclusively in a court of competent jurisdiction in Nueces County, Texas, and the substantive laws of the State of Texas shall apply. I FURTHER HEREBY KNOWINGLY, VOLUNTARILY AND UNCONDITIONALLY WAIVE THE RIGHT TO A JURY TRIAL OF ANY AND ALL CLAIMS OR CAUSES OF ACTION ARISING FROM THIS RELEASE AND/OR MY USE OF THE PREMISES, UNDERSTANDING AND ACKNOWLEDGING THAT THE RIGHT TO A JURY IS MY CONSTITUTIONAL RIGHT.

 

This Release shall be effective from the date indicated below my signature through and including any and all dates in which I engage in the Activities.

 

By my signature below, I certify that: (1) I am over 18 years of age; (2) I am competent to sign this Release; (3) I have read this Release; (4) I sign this Release voluntarily; and (5) I have the skill, coordination and physical fitness sufficient for the intended Activities.

 

If this Release applies to an individual under 18 years of age, then the Release is signed by the individual's parent or other legal guardian. By his or her signature below, the parent or legal guardian certifies that he or she: (1) is over 18 years of age; (2) is competent to sign this Release; (3) has read this Release; and (4) signs this Release voluntarily on his or her own behalf and on behalf of said minor.