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I understand that Yoga, Personal Fitness Training (1:1 or small group), and any other exercise program can be physically intensive, and I voluntarily assume the risk inherent in my participation in exercise classes at Whitetop Yoga LLC, including the risk of injury, accident, death, loss, cost or damage to my person or property. I release and indemnify Whitetop Yoga LLC from and against, any and all such claims and liabilities, including attorneys' fees.
Yoga and physical exercise is an individual experience. I understand that in yoga, and in any other exercise class, I will progress at my own pace. If at any point I feel overexertion or fatigue, I will respect my own body's limitations and I will rest before continuing yoga or any other exercise.
By signing my name below, I acknowledge that participation in yoga classes or any other exercise class exposes me to a possible risk of personal injury. I am fully aware of this risk and hereby release Whitetop Yoga LLC, Julie Rutherford and / or any other persons who may teach at or contract with Whitetop Yoga LLC, from any and all liability, negligence, or other claims, arising from, or in any way connected, with my participation in yoga and any other exercise class.
My signature further acknowledges that I shall not now, or at any time in the future, bring any legal action against Whitetop Yoga LLC, Julie Rutherford and /or any other persons who may teach or be contracted with at Whitetop Yoga LLC; and that this waiver is binding on me, my heirs, my spouse, my children, my legal representatives, my successors and my assigns.
My signature verifies that I am physically fit to participate in yoga classes, or any other exercise classes, and a licensed medical doctor has verified my physical condition for participation in this type of class.
If I am pregnant, or become pregnant, or am post-natal, my signature verifies that I am participating in yoga, or any other exercise classes, with my doctor's full approval. I assume responsibility to update Whitetop Yoga LLC of any changes in my medical condition that might affect my safety or participation in any classes at Whitetop Yoga LLC.
I realize that I am participating in yoga, or any other exercise classes, at my own risk.
This liability waiver also includes any activity associated with Tri Cities Stand Up Paddleboard Co.
Whitetop Yoga, LLC d/b/a Tri Cities Stand Up Paddleboard Co.
WAIVER AND RELEASE OF LIABILITY & TERMS AND CONDITIONS OF DEMO/RENTAL/INSTRUCTION/RACE/EVENT
READ CAREFULLY - WAIVER AND RELEASE OF LIABILITY - THIS IS AN OFFICIAL DOCUMENT
I HAVE READ THE WAIVER AND RELEASE AND BY SIGNING IT, AGREE IT IS MY INTENTION TO EXEMPT AND RELIEVE WHITETOP YOGA, LLC D/B/A TRI CITIES STAND UP PADDLEBOARD CO. FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE.
Each person in a group must submit one of these forms. If the person is under the age of 18 then a parent or guardian must sign their form and assume responsibility for the minor.
In consideration of Whitetop Yoga, LLC d/b/a Tri Cities Stand Up Paddleboard Co. furnishing services, and/or our premises and/or equipment to enable me to participate in paddle boarding, I AGREE AS FOLLOWS:
I fully understand and acknowledge that: (a) outdoor recreational activities have inherent risks, dangers, and hazards and such exist in my use of paddle sport equipment and my participation in paddle sport activities. (b) my participation in such activities and/or use of such equipment may result in injury or illness including, but not limited to bodily injury, disease, strains, fractures, partial and/ or total paralysis, death or other ailments that could cause serious disability; (c) these risks and dangers may be caused by the negligence of the owners, employees, officers or agents of Whitetop Yoga, LLC d/b/a Tri Cities Stand Up Paddleboard Co.; the negligence of participants, the negligence of theirs, accidents, beaches or contract, the forces of nature or other causes. Risks and dangers may arise from foreseeable or unforeseeable causes including, but not limited to, race/event/guide decision making, including that a guide may misjudge terrain, weather, trail or water conditions, and water level, risk of falling out of or drowning while paddle sporting and such other risks, hazards and dangers that are integral to recreational activities that take place in a wilderness, ocean, lake, river, outdoor, or recreational environment.
By my participation in these activities and/or use of equipment, I hereby assume all risks, dangers and all responsibility for any loses and/ or damages, whether caused in whole or in part by the negligence or other conduct of the owners, agents, officers, or employees of Whitetop Yoga, LLC d/b/a Tri Cities Stand Up Paddleboard Co., or by any other person including myself. I also verify that I am in good health, not under the influence of any drugs or alcohol of any kind, nor do I have them in my possession, and am capable of pursuing paddle sports, and that my participation in this activity is voluntary. I/we also agree to a properly secured USCG approved personal floatation device, of type 3 or better, at all times.
I, on behalf of myself, my personal representatives and my heirs, hereby voluntarily agree to release, discharge, hold harmless, defend and indemnify Whitetop Yoga, LLC d/b/a Tri Cities Stand Up Paddleboard Co. and its owners, officers, and employees from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of my use of paddle sport equipment or premises or my participation in paddle sport activities. I specifically understand that I am releasing, discharging, and waiving any claims or actions that I may have at present time or in the future for the negligent acts or other conduct by the owners, agents, officers or employees of Whitetop Yoga, LLC d/b/a Tri Cities Stand Up Paddleboard Co.
I HEREBY UNDERSTAND AND AGREE TO THIS RELEASE OF LIABILITY, WAIVER OF LEGAL RIGHTS AND ASSUMPTION OF RISK AND TO THE TERMS HEREOF AS FOLLOWS:
I understand that I must be trained and skilled to the appropriate level for the activity. Customers/renters/users/participants should not attempt to operate any equipment that they are not trained, skilled or qualified to use.
Only persons who have signed this contract and waiver may use the gear or be event participants. Renters may not lend their equipment to anyone else.
You are responsible for the selection of gear suitable to your ability. Any recommendations or suggestions by our staff, are merely general product information that makes no warranty as to the suitability or safety of any equipment. The decision to rent or not rent is solely the responsibility of the renter. We do not have any control over how or when you use the equipment, and the renter is totally responsible for damage, injury or liability arising from the use or misuse of the rental gear.
You agree to follow the local rules and guidelines, including the sailing right of way boating rules, "rules of the road", and to always exercise discretion and caution when deciding when, where and how to ride. Customers should make themselves aware of prevailing weather conditions, and to stay informed about wind and weather related warnings, or advisories.
BEFORE DECIDING TO ENGAGE IN ANY water related activity, it is strongly recommended that renters/participants review the terms of their health/medical insurance in case of a sports related injury. Visitors should review the terms of their travel insurance, which may not cover the use of certain types of rental equipment and/or event participation. Renters/participants should be aware of the coverage and limits to their personal liability insurance coverage in the event of an injury to another person or property.
I FURTHER SPECIFICALLY ACKNOWLEDGE:
1. I acknowledge that Stand-up Paddle Boarding is an action sport and recreational activity involving travel in three dimensions and such activity is subject to mishap and even injury to participants. I understand I may suffer a broken limb, paralysis or fatal injury while participating in the sport of Stand-up Paddle Boarding.
2. I hereby RELEASE AND DISCHARGE Whitetop Yoga, LLC d/b/a Tri Cities Stand Up Paddleboard Co., and their owners, officers, directors, agents, employees, instructors, and owners of equipment and the land used for Stand up Paddle Boarding activities (hereinafter collectively referred as to “Released Parties”), from any and all liability, claims, demands or causes of action that I may hereafter have for injuries/damages arising out of my participation in Stand-up Paddle Boarding activities, including, but not limited to, losses CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES.
3. I further acknowledge that there are no warranties applicable to the purchase, rental or lease of Stand-up Paddle Boarding equipment by me and that all warranties whether expressed or implied are excluded. THERE IS NO WARRANTY OFMERCHANTABILITY OR THAT THE SAID STAND-UP PADDLE BOARDING equipment IS FIT FOR ANY PURPOSE, and that I am accepting the said Stand-up Paddle Boarding equipment as is and I hereby acknowledge that I will personally examine the said equipment prior to my using of the same. .
4. I understand and acknowledge that Stand-up Paddle Boarding activities have inherent dangers that no amount of care, caution, instruction or expertise can eliminate and I EXPRESSLY AND VOLUNTARILY ASSUME ALL RISK OF DEATH OR PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN STAND-UP PADDLE BOARDING ACTIVITES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES.
5. I further agree that I WILL NOT SUE OR MAKE A CLAIM against the Released Parties for damages or other losses sustained as a result of my participation in Stand-up Paddle Boarding activities.
6. I also agree to INDEMNIFY AND HOLD THE RELEASED PARTIES HARMLESS from all claims, judgments and costs, including attorneys’ fees, incurred in connection with any action brought as a result of my participation in Stand-up Paddle Boarding activities.
7. I will take responsibility for, and hold harmless Released Parties for any injury that I may suffer or inflict upon others or their property as a result of my engaging in Stand Up Paddle Boarding activities.
8. I agree that I will operate the said Stand-up Paddle Boarding equipment in a reasonable and safe manner so as not to endanger the lives of persons or property of any individual.
9. I have read and understood the above and acknowledge the same constitutes a release of liability and a waiver of my legal rights and also acknowledgment of the assumption of liability by me of all risks arising out of my engaging in Stand-up Paddle Boarding activities.
10. I further represent that this Release of Liability, Waiver of Legal Rights and Assumption of Risk shall continue in full force and effect for so long as I engage in Stand Up Paddle Boarding activities which are in any way connected to or with the Released Parties.
11. I further represent that I am at least 18 years of age, or that as the parent or (adult) legal guardian, I waive and release any and all legal rights that may accrue to me, to my minor child or to the minor child for whom I am (adult) legal guardian, as the result of any injury that my minor child, the minor child for whom I am (adult) legal guardian or I may suffer while engaging in Stand Up Paddle Boarding activities.
12. I hereby expressly recognize that this Release of Liability, Waiver of Legal Rights and Assumption of Risks is a contract pursuant to which I have released any and all claims against the Released Parties resulting from participation in Stand Up Paddle Boarding activities including any claims by the negligence of the Released Parties by any of the undersigned.
13. I hereby authorize Whitetop Yoga, LLC d/b/a Tri Cities Stand Up Paddleboard Co. to use my photograph/video in print and/or electronic media.
DECLARATION OF FITNESS FOR STAND UP PADDLE BOARDING
I hereby declare that I am physically fit. I do not, and have not, suffered from any of the following conditions, which I understand may lead to a dangerous situation with regard to other persons or myself during Stand-Up Paddle Boarding. Epilepsy, fits, severe head injury, recurrent blackouts or giddiness disease of the brain or nervous system, high blood pressure, lung or heart disease, recurrent weakness or dislocation of any limb, diabetes, mental illness, drug or alcohol addiction, back injury, arthritis and severe joint sprains, chronic bronchitis, asthma, rheumatic fever, thyroid adrenal or other glandular disorder, recent blood donation or any condition that requires the regular use of drugs. Even though I have a health condition as stated above, by signing this form I still choose to participate in the activity of Stand Up Paddle Boarding and agree to waive all responsibilities to all above mentioned parties concerning any consequences that would result from my actions.
I hereby declare that I have no physical or mental condition that should preclude me from participating in my chosen activity, that I am not participating against medical advice or treatment, and that I have not been diagnosed by a registered doctor as having a terminal illness. I further declare that in the event that I feel ill or unwell, have any physical complaints whatsoever or if an injury is sustained of any kind during the course of Stand Up Paddle Boarding activities, I will notify the instructor immediately.
I HAVE READ THIS RELEASE OF LIABILITY, WAIVER OF LEGAL RIGHTS AND ASSUMPTION OF RISK AND FULLY UNDERSTAND ITS CONTENTS. I SIGN IT ON MY OWN FREE WILL AND AGREE TO BE BOUND BY IT.
My signature is binding to this liability waiver from this day forth.
IF UNDER 18 YEARS OF AGE
As legal guardian of ________________________________, we consent to the above conditions.
Signature of Guardian: _______________________________