MAVVEN MERCANTILE Release and Waiver of Liability

 

1. I am participating in yoga classes, health programs, workshops and/or other wellness bodywork, therapy, exercise and healing arts activities (collectively, the “Activities”) offered by MAVVEN Mercantile (Store). The Activities may be offered in the physical location of the store or offered online by videos, television, podcasts, apps or other digital media or platforms. All such offerings, either physical or online, shall be considered “Activities.”

 

2. I recognize that I must be in adequate physical shape and mental health to participate in the Activities. I understand that the Activities may require intense physical exertion, and I represent and warrant that I am physically fit enough to participate, and I have no medical condition which would prevent my full participation in the Activities. I recognize that the Activities may cause or aggravate a physical injury or medical condition. I understand that it is my responsibility to consult with a physician before my participation in the Activities. If I have done so, I have taken the physician’s advice. I understand that MAVVEN Mercantile reserves the right to refuse my participation in any activity on medical, fitness or any other grounds.

 

3. I am aware that my participation in the Activities could result in high blood pressure, fainting, heartbeat disorders, physical injury, heart attack, or stroke and may aggravate pre-existing injuries. I understand that I could experience muscle, back, neck and other injuries as a result of my participation in the Activities. I understand that my physical limitations and am sufficiently self-aware to stop or modify my participation in any Activity before I become injured or aggravate a pre-exisiting injury.

 

4. In consideration of being permitted to participate in the Activities, I agree to assume full responsibility for any risks, injuries, or damages known or unknown, which I might incur as a result of participating in the Activities at the Store, including those which may result from negligence of the store. In consideration of being permitted to participate in the Activities, I agree to take full responsibility for any risks, injuries, or damages, known or unknown, which I might incur as a result of participating in the Activities at the Store, including those which may result from negligence of the Store.

 

5. In consideration of being permitted to participate in the Activities, I knowingly, voluntarily and expressly waive and “Claim” (as identified below) I may have against the Store, its owners, managers, teachers, instructors, workshop presenters, employees and staff (each, a “Released Party”) that I may sustain as a result of participating in the Activities at the Store even if the claim arises from negligence of any of the Released Party or anyone else. I agree to indemnify and hold harmless each Released Party from any loss, cost, or liability incurred in defending any Claim made by me or anyone making a Claim on my behalf, even if the Claim is alleged to or did result from the negligence of any of the Released Party or anyone else. “Claim” includes, but is not limited to, any and all liabilities, claims, demands, expenses, fees, legal actions, rights of actions for damages, personal injury, mental suffering, and distress, or death that I may suffer, my spouse, children or unborn child may suffer (including legal fees or expenses) in connection with participation in any Activity. In further consideration of being permitted to participate in the Activities, I knowingly, voluntarily and expressly waive any “Claim” (as define below) I may have against the Store, its owners, managers, teachers, instructors, workshop presenters, employees, co-contractors and staff (each a Released Party that I may sustain as a result of participating in the Activities at the store even if the Claim arises from the negligence of any Released Party or anyone else. I agree to indemnify and hold harmless each Released Party from any loss, cost, or liability incurred defending and Claim made be me or anyone making a Claim on my behalf, even if the Claim is alleged to or did result from the negligence of any Released Party or anyone else. “Claim” includes but is not limited to any and all liabilities, claims, demands, expenses, fees, legal actions, rights of actions for damages, personal injury, mental suffering, and distress, or death that I may suffer, my spouse, children or unborn child may suffer (including any legal fees or expenses) in connection with participation in any Activity

 

6. I, my heirs or legal representatives forever release, waive, discharge, and covenant not to sue any Released Party for any Claim caused by any negligence or other acts of a Released Party. I, my heirs or legal representatives forever release, waive, discharge, and covenant not to sue and Released Party for any Claim caused by any negligence or other acts of a Released Party.

 

7. I hereby understand that the Store from time to time may photograph, video or otherwise record classes or events occurring at the Store and place such photographs and videos on its Website or social media platforms. I hereby consent to the use of my image that may appear in any such photograph or video.

 

8. This agreement shall be construed in accordance with, and governed by, the laws of the State of California and that of all actions, suits, claims, and proceedings relating to this agreement shall be brought in a court of competent jurisdiction located in California. In case of any provision of this agreement, and this agreement shall be construed as if such provision had never been contained herein.

 

9. I acknowledge that I have carefully read this agreement and fully understand its contents. I voluntarily and knowingly agree to the terms and conditions stated herein. I am aware that by signing this agreement, I am giving up substantial rights, including my right to sue and certain legal rights my heirs, next of kin, executors, administrators, and assigns may have against and Released Party.

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