FITNESS WAIVER AND RELEASE OF LIABILITY
By registering for this class, I am voluntarily participating in a contortion and physical fitness class provided by Sofie Dossi Entertainment, Inc. (“Company”) which may include, without limitation, flexibility exercises, jumping, handstands, hand balance, and contortion (collectively, the “Activities”).
Physical Fitness: I hereby represent and warrant that, after the opportunity to consult with a qualified physician, I am in good health and have no condition which would prevent me from participating in the Activities.
Assumption of Risk: I acknowledge and agree that I am participating in the class and Activities at my own risk. I knowingly consent to participate in any or all such activities under my own free will and without duress or under the influence of any third party. I acknowledge that my participation in the Activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I fully appreciate and accept the actual or potential risk of death or injury that may result from participating in the Activities, and I personally assume all risks of injury or death. I understand and agree that the class and Activities do not constitute medical advice or diagnosis. I UNDERSTAND THAT IF AT ANY TIME I FEEL THE ACTIVITIES ARE HAVING OR MAY HAVE A NEGATIVE IMPACT ON MY PHYSICAL HEALTH AND/OR OR OVERALL WELL BEING, IT IS MY SOLE RESPONSIBILITY TO REFRAIN FROM PARTICIPATING IN SUCH ACTIVITIES.
No Warranties: I understand and agree that the class is intended solely for entertainment purposes. I understand that Sofie Dossi is a self-taught contortionist and is not a certified personal trainer or instructor. I further understand and agree that Company makes no warranties, express or implied, as to the class or the Activities, or any other warranty, condition, guaranty, or representation, whether oral, written, or in electronic form relating to the class or the Activities.
Release: I hereby grant the following indemnities, waivers and releases to the maximum extent permitted by applicable law:
I acknowledges and understand that it is of the essence to this agreement, and I hereby agree on behalf of me, my heirs, next of kin, spouse, guardians, legal representatives, employees, executors, administrators, agents, successors and assigns (collectively, the “Releasing Parties”), that the Releasing Parties do hereby unconditionally and irrevocably release and forever discharge and indemnify and hold harmless Company, and each of their parent, subsidiary, affiliated entities, licensees, and assigns, each of the foregoing parties’ employees, agents, officers, directors, shareholders, members, and representatives (collectively, the “Released Parties”) from and against any and all claims, demands, liens, agreements, contracts, actions, suits, costs, attorneys’ fees, damages, judgments, orders and liabilities of whatever kind or nature in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden (collectively, the “Released Claims”) in any way directly or indirectly related to or arising directly or indirectly out of my participation in the class and the Activities, including without limitation any claims related to personal injury, damage, or wrongful death, either resulting before, during, or after my participation in the class and Activities. The Released Claims will include those based on negligence of any of the Released Parties.
I acknowledges that there is a possibility that subsequent to the execution of this agreement, I will discover facts or incur or suffer claims which were unknown or unsuspected at the time this agreement was executed, and which if known by me at that time may have materially affected my decision to execute this Agreement. I acknowledge and agree that by reason of this agreement, and the release contained in the preceding paragraph, I am assuming any risk of such unknown facts and such unknown and unsuspected claims. I have been advised of the existence of Section 1542 of the California Civil Code, which provides:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
Notwithstanding such provisions, the release(s) contained herein shall constitute a full release in accordance with their terms. I knowingly and voluntarily waive the provisions of Section 1542, as well as any other statute, law, or rule of similar effect of any jurisdiction throughout the world, and acknowledges and agrees that this waiver is an essential and material term of this agreement and without such waiver, Company would not have accepted this agreement or my participation in the class and class Activities.
Miscellaneous: This agreement shall be construed, interpreted and governed by the laws of the State of California. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect. This agreement reflects the valid and binding obligations of the parties with respect to the subject matter hereof, and contains the entire agreement of the parties and supersedes any prior or contemporaneous agreements (oral and written) between the parties pertaining thereto