Please read carefully before agreeing, as this document affects your legal rights.
This Agreement applies to participation in any online or in-person class, workshop, event, retreat, wellness experience, guided meditation, Yoga Nidra, yoga class, Yin Yoga, restorative yoga, sound bath, paddleboard activity, fitness class, educational offering, coaching session, live stream, recorded session, or any related activity offered by Desert Lotus Wellness AZ and/or Desert Lotus Paddle Boards, LLC (collectively referred to as "Desert Lotus" and the "Activities").
I understand, acknowledge, and agree that:
• Participation in the Activities may involve physical movement, exercise, stretching, relaxation techniques, meditation, breathwork, paddleboarding, sound baths, wellness instruction, educational content, or other activities that involve inherent risks.
• Participation may expose me to risks including, but not limited to, muscle strain, sprains, falls, loss of balance, dizziness, emotional responses, aggravation of pre-existing conditions, equipment-related incidents, environmental conditions, property hazards, illness, injury, disability, or death.
• Certain Activities may occur online, while others may occur indoors, outdoors, on land, on water, at private venues, public venues, retreat facilities, parks, lakes, pools, wellness centers, or partner locations.
• I understand that Desert Lotus instructors, employees, contractors, and representatives may not be able to observe, assess, supervise, or guarantee my safety during online participation.
• I understand that I am solely responsible for selecting and maintaining a safe environment in which to participate, including ensuring adequate space, proper flooring, safe surroundings, and appropriate equipment.
• I understand that Desert Lotus does not provide medical advice, medical treatment, physical therapy, mental health counseling, or healthcare services.
• I understand that I should consult my physician or qualified healthcare provider before participating in any Activity, especially if I have any injury, illness, medical condition, physical limitation, pregnancy, or health concern.
• I understand that Desert Lotus assumes no responsibility for providing medical care, emergency response, transportation, evacuation, or related services, and I agree that I am solely responsible for any associated expenses.
• My participation in the Activities is voluntary, and I elect to participate with full knowledge and acceptance of the risks involved.
ASSUMPTION OF RISK
I voluntarily assume all risks associated with participation in the Activities, whether known or unknown, foreseeable or unforeseeable.
I understand that participation in the Activities may result in injury, illness, emotional distress, aggravation of existing conditions, disability, property damage, or death.
I knowingly and voluntarily choose to participate despite these risks and accept full responsibility for my participation.
RELEASE OF LIABILITY
I hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Desert Lotus Wellness AZ, Desert Lotus Paddle Boards, LLC, Jennifer Marks, Trevor Marks, instructors, contractors, employees, volunteers, event partners, venue partners, affiliates, successors, assigns, and representatives (collectively referred to as the "Released Parties") from any and all claims, demands, causes of action, liabilities, damages, losses, costs, expenses, or attorney's fees arising out of or related to my participation in the Activities.
This Release includes claims arising from negligence, carelessness, acts or omissions of the Released Parties, equipment use, property conditions, instruction, supervision, participation by others, or any other aspect of the Activities.
This Release does not apply to claims involving gross negligence, intentional misconduct, reckless conduct, or any liability that Arizona law does not permit to be released.
INDEMNIFICATION, HOLD HARMLESS, AND DEFENSE
I agree to indemnify, defend, and hold harmless the Released Parties from and against any claims, liabilities, damages, costs, expenses, settlements, judgments, attorney's fees, and losses arising from my participation in the Activities or from my violation of this Agreement.
I understand and agree that this obligation shall survive my participation and shall be binding upon my heirs, estate, personal representatives, executors, administrators, and assigns.
ONLINE PARTICIPATION DISCLAIMER
I understand that online participation depends upon technology outside the control of Desert Lotus, including internet service, software platforms, video conferencing systems, devices, and third-party services.
I understand that Desert Lotus shall not be responsible for interruptions, delays, technical failures, connectivity issues, software errors, platform outages, device malfunctions, or other technology-related issues affecting participation.
I understand that any information presented during the Activities is provided for educational and wellness purposes only and is not intended as medical advice, diagnosis, or treatment.
ADDITIONAL WAIVERS AND AGREEMENTS
I understand that certain Activities may require the execution of additional waivers, releases, assumption of risk agreements, rental agreements, venue agreements, or other participation documents prior to participation.
I understand and agree that participation in certain Activities may be denied if such required documents are not completed and signed.
SEVERABILITY
I agree that this Agreement shall be interpreted as broadly and inclusively as permitted under Arizona law.
If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
APPLICABLE LAW, VENUE, JURISDICTION, AND ATTORNEY'S FEES
This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona.
Any dispute arising from or relating to this Agreement or the Activities shall be brought exclusively in the Superior Court of Maricopa County, Arizona, or the United States District Court for the District of Arizona.
I consent to the jurisdiction and venue of such courts.
In any litigation involving the validity or enforceability of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and related costs.
ACKNOWLEDGEMENT
I acknowledge that I have carefully read this Agreement, fully understand its contents, and understand that I am giving up substantial legal rights by agreeing to it.
I understand that participation in the Activities is voluntary and that I am agreeing to this Agreement freely and voluntarily without any inducement or assurance other than what is contained herein.
I understand that my electronic submission of this form, including my initials and acknowledgment, constitutes my electronic signature and agreement to the terms of this Agreement.
I understand that this Agreement shall remain in effect for all current and future participation in Activities offered by Desert Lotus unless revoked or replaced in writing.
