Midtown Yoga, LLC, is not responsible for any injury (or loss of property) suffered while participating in any studio activities (including supervised, one-on-one training, group training, group classes), using equipment, or on club premises, for any reason whatsoever resulting from the ordinary negligence on the part of Midtown Yoga,, it’s agents, contractors or employees.
In consideration of being permitted to use, today and on all future dates, the property, facilities, and services of Midtown Yoga, I, on behalf of myself, my family, my heirs, personal representatives, and my assigns, do hereby release, waive, discharge, and covenant not to sue Midtown Yoga, its directors, officers, employees, volunteers, independent contractors, and agents from liability from any and all claims arising from the ordinary negligence of Midtown Yoga, or any of the aforementioned parties. This agreement pertains to: 1) personal injury (including death) from accidents or illnesses arising from participation in Midtown Yoga activities including, but not limited to, organized activities, classes, all training services, observation, and individual use of the facilities, premises, or equipment 2) any and all claims relating to the damage, loss or theft of personal items or property.
Assumption of Risk
I acknowledge that I know, understand, and am respectful of the inherent risks associated with exercise and am especially aware of those risks that are prevalent when utilizing health, fitness and wellness focused facilities and equipment and also in participating in all forms of health club and studio activities. At Midtown Yoga, these activities may include (but are not limited to) strength, functional, cardiovascular and flexibility training. Some of these activities can involve quick movements involving changes of speed and direction, strenuous exertions of strength utilizing various muscles, and activities that place stress on the cardiovascular system. Some activities will be conducted in an environment between 80-105 degrees Fahrenheit, and activities performed at these temperatures may cause an increase in heart rate. I clearly understand that theses risks from physical activity range from minor to major skin wounds, muscular strains, sprains and tears, broken bones, eye injury or loss, concussions, paralysis, heart attacks and even death. These physical injuries can be bone/joint related, muscle related, or related to the cardiovascular and/or respiratory system. I have read the aforementioned sentences on the risks of exercise and I understand the nature of the activities at Midtown Yoga. I know the physical demands of those activities relative to my physical condition and skill level, and I acknowledge the types of injuries which may occur as a result of the activities I choose to take part in at Midtown Yoga. By the execution of this agreement, I fully assume responsibility in relation to the inherent risks associated with health club use and assert that my participation is voluntary.
Indemnification and hold Harmless
I further agree to indemnify and save and hold harmless Midtown Yoga and others listed for any and all claims resulting from my own negligence, conduct or participation and to reimburse them for any expense incurred as a result of my involvement at Midtown Yoga. Furthermore, I agree to cover all court costs and legal fees incurred by Midtown Yoga in the investigation and defense of a claim or suit if my claim is dismissed, withdrawn, or a court or arbitrator determines that Midtown Yoga is not responsible for the injury, loss or damage.
Severability and Venue
The undersigned also expressly agrees that the foregoing waiver/release of liability agreement is intended to be as broad and inclusive as the State of North Carolina’s laws permit and if that portion thereof is held invalid, it is agreed that the balance of the agreement shall, notwithstanding, continue in full legal force and effect. The undersigned consents to Wake County, North Carolina as the exclusive venue for any action or legal proceeding.
Acknowledgement and Understanding
I acknowledge that I am of legal age and am freely signing this agreement. I acknowledge that I have carefully read this Waiver and Release and fully understand that is a release of liability. By signing below, I am hereby stating my adherence to this agreement and am waiving any right that I may have to bring a legal action to assert a claim against Midtown Yoga, its officers, employees, volunteers, work exchangers, independent contractors, related entities and agents for any negligence.