WE YOGIS PARTICIPANT WAIVER, ASSUMPTION OF RISK AND RELEASE OF LIABILITY
I ACKNOWLEDGE AND UNDERSTAND THAT NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS MADE by We Yogis LLC, a Texas limited liability company (“We Yogis") with respect to the premises, facilities, activities, programs, classes, products and instruction offered by We Yogis. I acknowledge, understand and agree that (i) We Yogis' employees and/or instructors have no expertise in diagnosing, examining or treating any medical condition; (ii) in all cases, I should consult a physician prior to taking any classes or instruction offered by We Yogis; (iii) I will not use the We Yogis’ premises or facilities or participate in any class or instruction with any medical condition, including open cuts, infections, maladies or inability to maintain personal hygiene, if such condition poses a direct threat to the health or safety of me or others; (iv) information provided to me by We Yogis should not be used to diagnose or treat a health problem or disease and should not be used in place of a consultation with my physician or health care provider; (v) if I am taking any medication, I will consult with my physician prior to beginning any program offered by We Yogis and will abide by all medical advice provided to me by my physician; (vi) I should consult with my physician if I have a health problem or suspect that I may have a health problem and that I should not disregard medical advice, or delay in seeking it, because of any information I receive from We Yogis; and (vii) undertaking any program or instruction offered by We Yogis may pose serious risks to my health. I represent and warrant that I am not currently being treated for any chronic health condition and that I have not been treated for any chronic health condition in the past six (6) months. I further represent and warrant that all of the information I have provided or will provide to We Yogis concerning my health is complete and accurate.
If I am placing a minor child in We Yogis’ child supervision facilities while I attend a class offered by We Yogis, I further acknowledge, understand and agree that (i) We Yogis is not a licensed day care facility, and (ii) I am responsible for retrieving my child upon completion of any such class.
In consideration of my (and, as applicable, my minor child’s) participation in one or more programs offered by We Yogis, I hereby accept all risk to (i) my health and of my injury or death, and (ii) the health of my minor child, including injury or death, that may result from such participation and agree that I will be solely responsible for any property damage, personal injuries, medical expenses or other items of damage I (or my minor child) may cause and/or incur in the course of using the facilities or participating in any program offered by We Yogis. This includes, without limitation, use of the instruction room, child supervision area, dressing room(s), or any equipment in the facility and participation in any activity, class, program or instruction. In addition, I specifically understand and appreciate the risks, dangers, and hazards that can result from use of the facilities and participating in the programs offered by We Yogis, including, but not limited to: death, serious bodily injury, damage to property, theft or other loss of personal property, physical disability, permanent impairment, and any other loss or injury directly or indirectly incurred by me (or minor child) as a result of use of or presence in the facility. With a specific understanding of these risks, I fully assume all liability and responsibility for my own safety (and the safety of any minor child).
In consideration for the right to register for, and participate in the programs offered by We Yogis, I do hereby release and agree to protect, indemnify and hold harmless We Yogis, and its agents, representatives, employees, Members, contractors, officers, managers, attorneys, successors and assigns, and any of their spouses and family members from and against any and all liability, claims, demands, causes of action of any sort and damages and/or loss of any sort, including but not limited to personal and bodily injuries, property damage, wrongful death, economic loss, loss of profits, loss of wages, medical and funeral expenses, direct and consequential damages, pain and suffering, mental anguish, loss of earning capacity, loss of consortium, punitive and exemplary damages, attorneys’ fees, costs and interest, arising from or in any way related to any accident, incident, or occurrence arising out of, incidental to or in any way resulting from my (or my minor child’s) use of the facilities or participation in the programs offered by We Yogis. This agreement to release, protect, indemnify and hold harmless applies even if We Yogis’ (and/or its respective agents, representatives, employees, Members, Contractors, officers, managers, attorneys, successors and assigns and spouses and family members') negligence, gross negligence, intentional misconduct, and/or statutory and/or common law fault caused or contributed to, in whole or in part, the liability, claims, demands, causes of action and damages and/or loss referenced above. I hereby further covenant and agree for myself, my heirs, successors and assigns, that I will not make any claim or institute any suit or action at law or in equity, on behalf of myself or my minor child, against We Yogis, and/or its agents, representatives, employees, members, contractors, officers, managers, attorneys, successors and assigns.
This agreement is to be construed under the laws of the State of Texas, without regard to its conflicts-of-laws provisions. If any provision of this agreement should be held to be invalid or inoperative, the remainder of this agreement shall be construed valid and operative, and no effect shall be given to the intent manifested by the portion held invalid or inoperative.
I certify that I have carefully read the foregoing waiver and release of liability, that I understand and accept its terms, and that I freely accept all responsibility for my own safety or for the safety of a minor child if I am signing as a parent or guardian.