Enlivenhere Yoga & Meditation, LLC (heretofore known as Eh)
DECLARATIONS: This Agreement is entered into between Eh and the undersigned (“Client”). The provision of training services by any instructor associated with Eh to Client, and Client’s use of their own choices of premises, facilities or equipment are contingent upon this Agreement.
ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT
ASSUMPTION OF RISK: You agree that if you engage in any physical exercise or activity, including participating in online fitness classes, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment, whether provided to you by Eh or otherwise, including injuries or damages arising out of the negligence of Eh, whether active or passive, or any of Eh’s affiliates, employees, agents, representatives, successors, and assigns. Your assumption of risk includes, but is not limited to, your use of any exercise equipment (mechanical or otherwise), sports fields, courts, or other areas, locker rooms, sidewalks, parking lots, stairs, pools, whirlpools, saunas, steam rooms, lobby or other general areas of any facilities, or any equipment. You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, walking, jogging, running, aerobic activities, aquatic activities, tennis, basketball, volleyball, racquetball, or any other sporting or recreational endeavor. You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of Eh or otherwise.
RELEASE: You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Eh (and Eh’s affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Eh, whether active or passive, or any of Eh’s affiliates, employees, agents, representatives, successors, and assigns. This waiver and release of liability includes, without limitation, injuries which may occur as a result of(a) your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, (c) negligent instruction or supervision, including personal training, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of a premises or while traveling to or from personal training, including injuries resulting from Trainer’s or anyone else’s negligent inspection or maintenance of the facility or premises.
ACKNOWLEDGMENTS: You expressly agree that the foregoing release, waiver, assumption of risk and indemnity agreement is intended to be as broad and inclusive as permitted by the law in the State of Washington and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. You acknowledge that Eh offers a service to clients encompassing the entire recreational and/or fitness spectrum. Eh is not in the business of selling weightlifting equipment, exercise equipment, or other such products to the public, and the use of such items is incidental to the service provided by Eh. You acknowledge and agree that Eh does not place such items into the stream of commerce. This release is not intended as an attempted release of claims of gross negligence or intentional acts. You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk and indemnity agreement. You are aware and agree that by executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against Eh for negligence, or for any defective product used while receiving fitness instruction from Eh. You have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made. I will receive information and instruction while participating in classes, health programs or workshops offered by Eh.
I recognize that many classes will require physical exertion, which may be strenuous and may cause physical injury, and I am fully aware of the risks and hazards involved. I understand that it is my responsibility to consult with a physician prior to and regarding my participation in this class or any other activity associated with Eh.
I represent and warrant that I am physically fit and have no medical conditions that would prevent my full participation in the class, health program or any workshop. I agree to assume full responsibility for any risks, injuries or damages, known or unknown, which I may incur as a result of participating in any of the classes delivered by Zoom or stored online.
I agree to hold harmless Eh, their subsidiaries, shareholders, directors, officers, employees, conference presenters, conference sponsors, their respective agents, successors and assigns, from any and all liability whatsoever arising out of this club participation including, but not limited to: physical injuries, muscle strains, tears, pulls, broken bones, miscarriage, covid-19 or other virus exposure, death, and any and all illness, or loss of personal property and income.
I also understand that I may be videotaped, audio-recorded and/or photographed during class, and Eh may use any and all imagery before, during and after the event, both photos and videos, for any and all promotional and financial purposes without any compensation. By providing my email address on any all registration forms, I agree to receive messages from Eh and any of its’ affiliates.