Exquisite Love LLC - Acknowledgement and Agreement for Assumption of Risk, Waiver, Release, and Consent for Participation in Exquisite Love LLC events
In consideration of the benefits of participation in Exquisite Love LLC events, and Exquisite Love LLC-affiliated events, I enter into this agreement and hereby acknowledge and agree as follows:
I. Definitions: ”Activities" shall mean all programs, classes, training and instructional sessions, events, coaching, and exercises offered by Exquisite Love LLC, Philippe Lewis or any other entity, organization, or individual in conjunction with Exquisite Love LLC, Philippe Lewis. “The Released Parties” shall mean Exquisite Love LLC, Philippe Lewis or any other entity, organization, or individual in conjunction with Exquisite Love LLC, Philippe Lewis. "Use of the Facilities" shall mean the presence on or admission to the premises or site where the Activities occur (whether indoors or outdoors) for participation, observation, instructional or any other purpose, use of the equipment, or any other property supplied by Exquisite Love LLC, Philippe Lewis or any other individual acting in conjunction with Exquisite Love LLC.
II. Assumption of Risk: I acknowledge and understand that my participation in the Activities or Use of the Facilities will require varying degrees of physical exercise, contact with other persons, and exposure to various conditions of the Facilities. I understand that such exercise, contact and exposure inherently carry the risk of serious injury and damage to my person or property, including without limitation, loss, death, or disability. I am aware that the usual risks, hazards, and dangers of injury, death, or disability, and loss increase when the activity takes place outdoors or when I or others consume intoxicating substances. I acknowledge that my participation in the Activities is strictly voluntary, and I acknowledge that am in good health and physical condition. In spite of the risks and dangers, I voluntarily assume any and all risks, known or unknown,anticipated or not, including but not limited to risks as listed above, related to participation in the Activities and Use of the Facilities. As such, I understand and agree that The Released Parties shall not be liable for any injury, loss or claim, including without limitation, personal, bodily, or mental injury, death, disability, economic loss, property damage, or any other damage suffered by me in connection with my participation in the Activities or Use of the Facilities, whether resulting from the acts, negligent or otherwise, of The Released Parties or anyone else's participation in the Activities or Use of the Facilities.
III. Waiver & Release: I hereby agree, on behalf of myself and my next of kin, heirs and representatives, to release and forever discharge, and promise not to sue, The Released Parties from any and all claims, actions, damages, liability, costs, expenses, and attorney’s fees which are related to, arise out of, or are in any way connected to my participation in the Activities or Use of the Facilities, whether or not the same are caused by the acts or omissions, negligence or otherwise, of any Released Parties or anyone else participating in the Activities or Use of the Facilities. By this agreement, it is my intention to surrender and waive any rights to sue or exercise any legal right to seek damages from Exquisite Love LLC, Philippe Lewis or any other entity, organization, or individual in conjunction with Exquisite Love LLC, Philippe Lewis.
IV. Pay Costs for My Own Misconduct: I agree to defend, indemnify, hold harmless and protect the Released Parties from and against any and all claims by another person against a Released Party, including payment of attorney’s fees, which are the result of my own alleged negligence or affirmative misconduct during or arising out of my participation in this Activity, including travel to and from or before, during or after the Activity. If any Released Party incurs any of these types of expenses, I agree to reimburse the said party on demand.
V. Medical or Mental Condition: Persons with any known or suspected medical or mental conditions should consult first with their doctor before engaging in the Activities, and before using any Facilities and should not engage in the Activities or use the Facilities if subject to any medical or mental condition that might impact their ability to safely do so.
VI. Clarification of Scope: I am responsible for creating, implementing and sustaining my own physical, mental and emotional well-being, decisions, choices, actions and results. As such, I agree that the Released Parties are not and will not be liable for any actions or inaction, or for any direct or indirect result of any services provided. I understand that Activities are not therapy and is not meant to be a substitute for therapy or other forms of professional mental health support, and does not prevent, cure, or treat any mental disorder or medical disease. I understand that Activities are not to be used as a substitute for professional advice by legal, mental, medical or other qualified professionals and will seek independent professional guidance for such matters if needed. If I am currently under the care of a medical or mental health professional, it is required that I inform the Released Parties about the nature of this care. I must also speak to the medical or mental health care provider to get approval from that professional for participation in the Activities.
VII. Acknowledgements: Despite possible group agreements suggesting, advising, recommending, or requesting that participants refrain from being under the influence, I acknowledge that participants may be under the influence and therefore especially susceptible to causing or contributing to incidents, or incurring incidents or injuries of various kind. I acknowledge that if any pools or water features are present there shall be NO JUMPING OR DIVING INTO POOLS ALLOWED WHATSOEVER and no running, rough play or horseplay of any kind is appropriate at any time. I understand the Facilities may have various potential hazards, including stairs, uneven walking surfaces, dimly lit or non-lighted areas, steep hillside and decks and balconies and associated risks. I acknowledge that I DO NOT REQUEST OR NEED ANY FURTHER WARNINGS OR CAUTIONS about known or unknown, obvious or hidden hazards or dangers that may be present at the Location and that I will take responsibility for my own safety, and WILLINGLY ASSUME ALL RISKS related to the Activity or my presence at the Location.
VIII. Miscellaneous:
(a) This Agreement shall be governed by and construed under the laws of the State of California, U.S.A.
(b) This Agreement shall be effective indefinitely and shall apply to all contemporaneous agents, representatives, officers, directors, principals, successors, affiliates. subsidiaries, employees, and all other persons acting on their behalf of any Released Parties, including but not limited to Exquisite Love LLC, Philippe Lewis, or any other entity, organization, or individual assisting in the Activities or Use of the Facilities, which persons shall be express third-party beneficiaries of this Agreement
I hereby certify that I am over 18 years of age. I have carefully read the foregoing of this document and acknowledge that I understand and agree to all of the above terms and condition.