I have elected to participate in Yoga, Paddle Boarding, and Paddle Board Yoga (the “Activities”) organized by Desert Lotus Paddle board Yoga, LLC (hereinafter referred to as “Desert Lotus”). I understand, acknowledge, and agree that: The Activities (Yoga, Paddle Boarding Events, and Paddle Board Yoga) are HAZARDOUS, that they are inherently dangerous, and that they expose me, other participants, and other third parties to serious risk of physical illness, disease, injury, or even death. During the Activities, I may be exposed to dangers and hazards, including equipment failure and negligence by others; As a consequence of these and other risks, I may be seriously hurt or disabled or may die from the resulting injuries, and that my property may also be damaged or destroyed; Hospital facilities, qualified medical care, and emergency medical evaluation may be limited or unavailable, and where available, may be expensive; Desert Lotus assumes no responsibility for providing medical care to me, and I acknowledge and agree that I will be responsible to pay for any medical care and/or evacuation that I incur; and My participation in the Activities is purely voluntary, and that no one is forcing me to participate, and I elect to participate in spite of the inherent risks of the Activities. In consideration of the permission to participate in the Activities, I agree to the terms contained in this CONTRACTUAL document (hereinafter referred to as “the Agreement”). ASSUMPTION OF RISKS: I hereby freely assume the above mentioned risks, as well as any other risk associated with participating in the Activities, as well as any harm, injury or loss that may occur to me or my property as a result of my participation in the Activities; including any risks caused by the negligence of Desert Lotus, its employees, its contractors, and other Activity participants. RELEASE OF LIABILITY: I hereby RELEASE Desert Lotus, its employees, officers, directors, vendors, and contractors (“the Released Parties”) FROM ALL LIABIILTIES, CAUSES OF ACTION, CLAIMS, SUITS, AND/OR DEMANDS THAT arise in any way from any injury, death, loss, or harm that occurs to me or to any other person or to any property during the Activities or that are in any way related to the Activities, including by way of example, and not limitation, any risks that may arise from negligence or carelessness on the part of the Released Parties, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault. THIS RELEASE INCLUDES claims for negligence of the Released Parties and claims for strict liability for abnormally dangerous, or inherently dangerous, activities. THIS RELEASE DOES NOT INCLUDE claims for gross negligence, intentional or reckless misconduct, or any other liabilities that Arizona law does not permit to be excluded by agreement. I also agree NOT TO SUE or make claim against the Released Parties for death, injuries, loss, or harm that may occur during my participation in the Activities. INDEMNIFICATION, HOLD HARMLESS, AND DEFENSE: I promise to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties (defined above) against any and all claims to which the Release of Liability section applies, including claims for their own negligence. I also promise to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Release Parties against any and all claims for my own negligence and any other claim arising out of my participation in, or attendance at, the Activities. In accordance with these promises, I will reimburse the Released Parties for any damages, settlements, judgments, verdicts, and defense costs, including attorney’s fees, incurred or paid by the Release Parties because of any such claims made against them. I agree that in the event of my death or disability, the terms of this Agreement, including the Indemnification obligation in this Section, will be binding on my estate and upon my personal representative, executor, administrator, and/or guardian will be obligated to respect and enforce them. LICENSE TO USE IMAGE: In consideration of participating in the Activities, I hereby forever give Desert Lotus a perpetual (forever), exclusive license to use still, video, and audio reproductions of my image and words recorded during, or incident to, my participation in the Activities, which images and sounds may be used by Desert Lotus for marketing and/or educational purposes. OTHER TERMS: I understand and agree that Desert Lotus has no control over, and assumes no responsibility for, the actions of any independent contractor providing any service or instruction for or related to the Activities. SEVERABILITY: I agree that the purpose of this Agreement is that it shall be an enforceable release of liability and shall be an indemnification agreement as broad and inclusive as permitted by Arizona law. I agree that if any portion or provision of this Agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision shall be modified or partially enforced to further advance and be consistent with the purpose stated herein. APPLICABLE LAW, FORUM, VENUE, JURISDICTION, and ATTORNEY’S FEES: This agreement is governed by, and shall be construed in accordance with, the laws of the State of Arizona, without any reference to its choice of law rules. I agree that any dispute arising out of this Agreement or in any way associated with the Activities or otherwise related to Desert Lotus shall be brought ONLY in Superior Court of Maricopa County, in Phoenix, or in the US District Court for the District of Arizona. I AGREE to the jurisdiction and venue of those courts for any such dispute. In any litigation in which the validity or enforceability of this Agreement is contested, I agree that the prevailing party will have his/her/its attorney’s fees and all related costs paid by the non-prevailing party.
Zoom Disclaimer: Please consult your physician before engaging in any guided meditation, exercise or exercise program, and always use caution when engaging in any activity provided by audio, live stream, or video. The information given in the audio, live stream, or video is opinion and only opinion. By voluntarily participating in this guided meditation or exercise program or using the information provided, you assume all risk of injury to yourself and release and discharge Desert Lotus Paddle Board LLC, Jennifer Marks, Desert Lotus Yoga teachers, or any of the Desert Lotus Staff from all claims or causes of action, known or unknown, arising from use of the audio, live stream, or video or information therein.
ACKNOWLEDGEMENT: I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS AGREEMENT BY READING IT BEFORE SIGNING IT. NO ORAL REPRESENTATIONS, STATEMENTS, OR OTHER INDUCEMENTS WERE MADE, APART FROM WHAT IS CONTAINED IN THIS AGREEMENT, TO INDUCE ME TO SIGN THIS AGREEMENT. This Agreement has no expiration date.
