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MUST BE 18 OR OLDER TO REGISTER ONLINE
WAIVER, RELEASE AND INDEMNITY AGREEMENT BALANCE. YOGA. BARRE. LLC
IN CONSIDERATION of being permitted to participate in yoga, barre or other similar fitness classes (the “Activities”) at Balance. Yoga. Barre. LLC, an Oklahoma limited liability company (the “Company”) for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the undersigned, and his or her parent or legal guardian if the participant is under the age of 18 years (collectively called “Participant”), agrees to the following:
1. Inspection. I am aware of the risks of injury inherent in the Activities including, but not limited to injuries to my wrists, elbows, shoulder, ribs, spine, hamstrings, hips, knee, neck and body. I acknowledge that the activities are a strenuous and sometimes dangerous pastime. I agree that I am engaging in activities that could cause me injury.
2. Assumption of the Risk. I hereby expressly assume all risks associated with the Activities including, but not limited to, those set forth above. I hereby release, waive and discharge the Company, their respective officers, members, directors, employees, all other persons or entities acting on its behalf, and any independent instructors used for the Activities from all liability to them, their associates, spouses, legal representatives, heirs, successors, and assigns (collectively called “Host”), for any and all loss, injury or damage, and any and all claims therefor, on account of injury to my person or property, or for my death while I am engaged in any Activities. I further waive any and all rights to make any liability claim or bring suit as further outlined herein for any injury I might receive regardless of whom the negligent party might be while on these premises. I hereby waive my right and the right of my estate (or revocable trust, as the case may be) to sue Host on account of injury to my person or property, or my death while I am engaged in Activities.
3. Health and Risk. I understand that my participation in the Activities at the Company requires good physical conditioning and a degree of skill and knowledge, and I have the conditioning, skill and knowledge necessary for me to safely participate in such Activities.
4. Indemnification and Hold Harmless. I hereby indemnify and agree to hold harmless Host and each of them individually from any loss, liability, damage, injury or cost they may incur due to my presence in, upon, or around the Company or its premises for the purpose of the Activities, or due to my participation in such Activities, regardless of where such participation may occur.
5. Insurance. I acknowledge that Host does not provide me with any type of insurance coverage. Further, I hereby certify that I (circle one) (am) (am not) currently covered under appropriate general liability and personal health insurance policies issued through a licensed medical carrier. If I am not covered, I acknowledge that any medical expense incurred as a result of the activities are my sole responsibility and not the responsibility of the Host.
6. Covenant Not to Sue. I, on behalf of myself and my personal representatives, successors, heirs and next of kin, further agree not to sue or make any demand or claim, or in any way aid in prosecuting any demand, claim or suit, against Host for any damages or injuries to my person or property, or other losses sustained, as a result of or relating to my participation in the Activities or presence at the Company’s premises.
7. No Other Representations. There have been no representations, statements or inducements (whether oral or written) apart from the written agreement made herein.
8. Rights to Images. I grant full permission to the Host to use, without further notification, authorization or compensation, any photographs, videotapes, recordings, or other record of me in any and all media, whether now known or hereafter to become known, worldwide and in perpetuity, and represent and warrant that no further permission is required for Host to use such photographs, etc. of me as provided herein. (Over)  
9. Child Supervision. The Company provides child supervision/babysitting services to Participants while they engage in activities. Child supervision only includes supervision over the children of the Participant in the designated area for children. Participant is only permitted to bring the Participant’s own children or those over whom Participant has custody. Child supervision is only available during the time Participant is physically participating in the activities. Participant is required to remain on premise at all times while child supervision is being provided for Participant’s children. Child supervision is limited to children under the age of twelve (12). The Company does not provide food, drink or sanitary products for children of Participant. Any child deemed unruly or incapable of supervision by the Company or Host will not be permitted in the facility. Participant specifically releases, waives and discharges the Company, its officers, members, directors and employees and all other persons or entities acting on its behalf from all liability of injury to any child Participant brings on the premises. Participant further releases, waives and discharges Company from liability for injury to any child Participant brings upon the premises alleged to have been caused by another Participant or child or anyone not acting on behalf of the Company
10. In the event suit is brought to enforce the terms of this Waiver, Release and Indemnity Agreement, the prevailing party shall be entitled to attorneys fees.
I HAVE READ THIS RELEASE AND INDEMNITY AGREEMENT (THIS “AGREEMENT”) AND FULLY UNDERSTAND ITS TERMS. I HEREBY REPRESENT AND WARRANT THAT I HAVE FULL AUTHORITY TO EXECUTE THIS AGREEMENT WITH FULL KNOWLEDGE OF ALL FACTS AND CIRCUMSTANCES SURROUNDING MY PARTICIPATION OF ANY ACTIVITY AT BALANCE.YOGA.BARRE. I FULLY UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS ON BEHALF OF MYSELF BY SIGNING THIS AGREEMENT AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME, AND I INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE, ON BEHALF OF MYSELF AND MY PERSONAL REPRESENTATIVES, SUCCESSORS, HEIRS AND NEXT OF KIN, OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, IT IS AGREED THAT THE BALANCE OF THIS AGREEMENT SHALL CONTINUE IN FULL LEGAL FORCE.