In consideration of your use of the services, activities, classes, workshops, retreats, or events (the “Services”), offered by Practice Simple Wellness (hereinafter “the Company”), You agree as follows:
Representation of Good Health. You understand that prior to your use of and participation in the Company’s Services, You have been advised to consult with your physician. By signing this Agreement, You expressly represent that You are in good health and are capable of full participation in a physical activity program.
Assumption of Risks. You fully understand and acknowledge that risks and dangers exist in your participation of the Company’s Services and in general, physical fitness and physical exercises; that physical activity, by its very nature, carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries; that the specific risks vary from one activity to another, but the risks range from minor injuries such as scratches, bruises and sprains, to major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks and concussions, and catastrophic injuries including paralysis and death; that your participation in such activities and/ or use of facilities or equipment may result in your injury, illness, ailment, disability or death; and that risks and dangers may arise from foreseeable and unforeseeable causes.
You understand and appreciate that the activities and services offered by the Company carry certain inherent risks, and You hereby assert that your participation is voluntary and that You knowingly assume all such risks and responsibility for any losses and/or damages, including personal injury, whether caused in whole or in part by the negligence or conduct of instructors, affiliates or representatives of the Company. If You are injured, You agree to assume any financial obligation related to such injury, either through your personal health insurance or other means, including for any medical costs which You incur.
Waiver of Liability. In consideration of permission to use, today and on all future dates, the services and any facilities within which the services are offered, You, for Yourself, Your heirs, personal representatives or assigns, do hereby voluntarily agree to release, waive, discharge, and agree not to sue the Company and its affiliates, subsidiaries, successors or assigns, and owners, representatives, agents, directors, employees or volunteers (hereinafter “the Releasees”) from any and all liability for any harm, claims, demands, causes of action, or losses, present or future, whether known or unknown, that may arise as a result of any loss, theft or damage, injury, including and without limitation, personal, bodily or mental injury or death, economic loss or damage to You, Your spouse, Your children or guests resulting from the negligence or conduct of the Company or anyone else in attendance at the Company’s services or retreats.
Indemnification. You agree to defend, indemnify and hold harmless the Releasees, from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees, that result from your participation in or involvement with any services or activities associated with the Company, and to reimburse Releasees for any incurred expenses.
Construction. You further agree that this Waiver and Release Agreement is intended to be as broad and inclusive as is permitted by applicable laws, and will be governed by the laws of the state of Illinois, without regard to its choice of law principles, and that if any portion herein is held to be invalid, the remaining provisions continue in full force and effect and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
I HAVE READ THIS WAIVER & RELEASE, FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT IT AFFECTS MY LEGAL RIGHTS. I AM SIGNING THIS WAIVER & RELEASE KNOWINGLY AND VOLUNTARILY, AND INTEND FOR IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
Submittal of this form is an agreement to these terms, regardless of the legibility or minimization of your signature.