WHEREAS, Southern Bend Yoga Festival, Inc., a Tennessee corporation (hereinafter "Southern" or "Owner") is engaged generally in the practice, promotion and teaching of yoga, meditation and exercise fitness programs; and
WHEREAS, certain individuals (hereinafter whether one or more "Participant") and/or minors desire to participate in Southern's programs including but not limited to programs related to yoga practice, teaching, techniques, conferences, festivals, and purchases of goods, products and literature and teaching aids and various and sundry other programs; and
WHEREAS, the Owner has agreed to allow the undersigned/Participant and other individuals to participate in Southern's various offerings and programs from time to time; and
WHEREAS, the program' s premises/property an programs are known to Participant and Participant and/or minor under Participant's custody, supervision and control have investigated the programs, offerings, classes, techniques and condition of the premises to the extent Participant deems necessary to learn of conditions thereon, risks associated therewith, etc., and Participant is relying upon Participant's own investigation and not upon any statements or representations or advertisements of Southern, its officers, managers, equity owners and any other person or entity.
THEREFORE, Participant agrees as follows:
1. In consideration of being allowed to participate in the activities and programs of Southern and to use its facilities, participate in its classes, programs, offerings, and festival(s), including equipment and machinery, if applicable, I do hereby waive, release and forever discharge Southern and its officers, agents, employees, volunteers, representatives, directors and all others from any and all responsibility in such activities or programs or for my use of such facilities, equipment or machinery, even if such damage or injury results from a negligent act or omission.
2. Participant, in addition, assumes all risks of any kind or nature whatsoever, known or unknown and anticipated or unanticipated, of Participant's participation and/or usage of the premises and participation in the various programs and offerings.
3. The Participant understands that participating in yoga activities with Southern is a privilege and that the Participant is duly aware of risks and hazards, known or unknown, inherent upon engaging in yoga classes and yoga practice and/or from entering upon the premises and participating in any activities thereon whether directly related to yoga or not. The Participant elects to voluntarily do so, and each of the undersigned voluntarily assumes any and all risk of loss, cost, damage or injury, including death, that may be sustained by any or each of the undersigned on Southern property and/or while engaged in yoga related activities.
4. By signing this Release and Indemnity Agreement, the Participant hereby releases Southern, its officers, managers, equity owners, and any other person or entity that has any ownership interest in said property from any claim that I or my child or any person under my custody or control may have against Southern as a result of property damage or injury, illness or death or financial loss or incidental or consequential damages or injury of any kind incurred during the course of participation in the activities and/or by simply being present upon the premises. This Release of liability and indemnity shall include (without limitation) any claims of negligence or breach of warranty. This Release of liability and indemnity is also intended to cover any claims that members of my child, my child's family or my family or estate, heirs, representatives, or assigns may have against Southern, its officers, managers, equity owners, and any other person or entity.
5. In further consideration as recited in this Release, I unconditionally covenant and agree to protect and hold harmless and indemnify Southern, its officers, managers, equity owners, and any other person or entity having any ownership interest in the LLC or in the property from and against any claim for damages, loss, costs, compensation or injury or death on the part of myself or any minor child or any minor, or any person whom Participant brings or allows to participate in any class, seminar or program or activity of any kind or to come upon the property at any time or from time to time, and from any claim of any kind including but not limited to property damage, compensation, financial loss, personal injury, including death, consequential damages or incidental damages and expressly including attorney fees to or suffered by any other third party occasioned by my use or by persons whom I bring to the premises growing out of or resulting from injuries or damage suffered on said property and agree to reimburse and make good to Southern, its officers, managers, equity owners, and any other person or entity having any ownership interest in the property from and against any loss, damage or liability including attorney fees, incurred, claimed or alleged.
For use only if the participant is a minor:
I represent that I am a parent/guardian of PARTICIPANT, who is under 18 years of age. I have read the above Release and Indemnity Agreement and am fully familiar with the contents thereof.
I give permission for the child named above to participate in yoga related programs, activities and practice presented by Southern. In consideration for allowing the participation of the child in said activities, I hereby consent to the Release and Indemnity Agreement including the release of liability above on behalf of the child and agree that this Release and Indemnity Agreement shall be binding upon me, my family, heirs, legal representatives, successors, and assigns.