WAIVER AND RELEASE OF LIABILITY AND INDEMNITY AGREEMENT
Downtown Yoga & Wellness Co-op
Upon signing this Agreement and forever thereafter, you (Buyer, each member and all guests) agree that if you engage in any physical exercise or activity, use any Co-op facility, or are present on the premises, you do so at your own risk and assume the risk of any and all injury , illness (including COVID-19) and/or damage you might sustain, regardless of whether such injury, illness or damage arises out of or during physical exercise. Your assumption of risk includes but is not limited to your use of any exercise equipment (mechanical or otherwise), sidewalk, parking lot, stairs, lobby area, or any other part or item in or around the Co-op facility. You agree to assume the risk of your participation in any activity, class, program, instruction, or Co-op sponsored event. You agree that you are voluntarily participating in the aforementioned activities and assume all risk, known and unknown, associated with using the Co-op facilities, equipment and premises including, without limitation, any loss or theft of any personal property. You agree on behalf of yourself (and your spouse, all your, children, personal representatives, heirs, executors, administrators, agents, and assigns) to forever release and discharge Co-op and our owners, employees, agents, representatives, affiliates, successors, and assigns from any and all claims or causes of action (known or unknown) arising out of the negligence of Co-op, whether active or passive, or that of any of its 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) Co-op’s improper maintenance of any exercise equipment or facilities, (c) Co-op’s negligent instruction or supervision, including personal training, and (d) you slipping and falling while in the facility or any portion of the premises for any reason, including Co-op’s negligent inspection or maintenance of its facility. By executing this Agreement, you hereby agree to indemnify and hold harmless Co-op from any loss, liability, damage, or cost Co-op may incur due to your presence at the Co-op facility. You further expressly agree that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as permitted by the law of the state in which this agreement is entered into, and that if any portion of this agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. This release is not intended as an attempted release of claims of gross negligence or intentional acts. You acknowledge that the Co-op is designed to and does offer a service to its members encompassing the entire health, fitness and wellness spectrum.
YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY, AND EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT.
__________________________________________________ Printed Name
__________________________________________________ Printed Name of Parent or Guardian if Applicable
__________________________________________________ Signature of Member, Parent or Guardian as Applicable