THIS RELEASE AND INDEMNIFICATION AGREEMENT (sometimes referred to herein as the “Release”), is entered into by the undersigned, on the one hand, and Bodhimanda and its predecessors, successors, parent companies, subsidiaries, affiliates, shareholders, partners, members, directors, officers, agents, employees, insurers, indemnitors, and other representatives (referred to herein collectively as the “Bodhimanda Parties,” as set forth below). 

 

In consideration for my participation, I acknowledge and agree as follows: 

 

1. ASSUMPTION OF RISK. I HEREBY AGREE THAT I AM AWARE THAT PARTICIPATION IN A SPORT OR PHYSICAL MODALITIES INCLUDING YOGA, QI GONG, AND EXERCISE ACTIVITIES, MAY RESULT IN ACCIDENT OR INJURY AND I ASSUME THE RISK IN CONNECTION THEREWITH. I WARRANT THAT I AM ABLE TO PARTICIPATE. I HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY ARISING FROM YOGA, QI GONG, AND EXERCISE ACTIVITIES, WHETHER CAUSED BY THE NEGLIGENCE OF ANY OF THE BODHIMANDA PARTIES OR OTHERWISE. I ACKNOWLEDGE THAT BODHIMANDA PARTIES HAS NOT AND WILL NOT RENDER ANY MEDICAL SERVICES OR ACCESSMENT, INCLUDING MEDICAL DIAGNOSIS OF MY PHYSICAL CONDITION, IN CONNECTION WITH YOGA, QI GONG, AND EXERCISES.  I FURTHER UNDERSTAND THAT IT IS MY RESPONSIBILITY TO HAVE BEEN EXAMINED BY A LICENSED PHYSICIAN WITHIN THE PAST SIX (6) MONTHS WHO HAS FOUND ME ABLE TO PERFORM YOGA, QI GONG, AND/OR EXERCISE ACTIVITIES WHICH I AM TO LEARN AND PERFORM IN CONNECTION HEREWITH. I AGREE TO MODIFY OR AVOID ANY AND ALL YOGA, QI GONG, AND/OR EXERCISE IN ACCORDANCE WITH MY PHYSICIANS INSTRUCTIONS AND AGREE THAT THIS IS MY RESPONSIBILITY, AND NOT THAT OF THE BODHIMANDA PARTIES, TO MAKE SUCH DETERMINATIONS. THE PROVISION OF ACUPUNCTURE SERVICES IS EXPLICITLY EXCLUDED FROM THIS AGREEMENT.  

 

2. PERSONAL PROPERTY. I agree that if I bring any personal property to the Property, and if I store or leave any personal property at the Property, I wall do so at my own risk and that none of the Bodhimanda Parties shall have any liability in the event of the loss, damage, unauthorized use (by any person other than a Bodhimanda Party), theft, or injury resulting from the personal property. 

 

3. RELEASE. On behalf of myself, my heirs, distributes, guardians, legal representatives, and assigns, I HEREBY RELEASE AND FOREVER DISCHARGE THE BODHIMANDA PARTIES, AND EACH OF THEM, FROM ALL CLAIMS, ACTIONS, DEMANDS, RIGHTS, CAUSES OF ACTION, AND LIABILITIES, EITHER IN LAW OR IN EQUITY, based upon my bodily injury, disability, illness, disease, death, financial loss, property loss, damage, or destruction, or other harm of whatever nature, whether foreseen or unforeseen, that may be sustained or suffered by me or by any other person as a direct or indirect consequence of my participation in Yoga, Qi Gong, and/or Exercise Activities, whether caused by the negligence of any Bodhimanda Parties or otherwise. 

 

4. INDEMNIFICATION. I AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS EACH OF THE BODHIMANDA PARTIES from and against any and all claims, lawsuits, demands, liabilities, damages, losses, costs, and expenses (including, but not limited to, attorney fees) arising from or in connection with the injury, illness, or death of myself or any person whom I bring or invite to the Property, or the damage, destruction, or loss of my of his/her personal property. 

 

5. REPRESENTATION AND WARRANTIES. I acknowledge that Bodhimanda Parties have the right to refuse service to anyone, including me, for any reason. I represent and warrant that (a) I HAVE READ THIS RELEASE AND INDEMNIFICATION AGREEMENT CAREFULLY, AND I FULLY UNDERSTAND ALL OF ITS TERMS AND PROVISIONS; (b) I am 18 years of age or older, and legally competent to enter into this Release; (c) no promise, inducement, or agreement has been offered or made to me in connection with my execution and delivery of this Release; and (d) I HAVE KNOWINGLY AND VOLUNTARILY EXECUTED THIS RELEASE AT MY OWN RISK AND INITIATIVE, AND MY OWN FREE WILL, WITHOUT RELYING ON ANY STATEMENT OR REPRESENTATION OF ANY BODHIMANDA PARTY. I UNDERSTAND AND ACKNOWLEDGE THAT THIS RELEASE IS A RELEASE OF LEGAL AND EQUITABLE LIABILITY. IN THE EVENT OF ANY LITIGATION, THIS RELEASE MAY BE RAISED AS A DEFENSE THERETO, AND AS A WAIVER AND RELEASE OF LEGAL RIGHTS THAT MIGHT OTHERWISE BE ASSERTED BY ME OR BY MY RESPECTIVE HEIRS, DISTRIBUTEES, GUARDIANS, LEGAL REPRESENTATIVES, AND ASSIGNS.

 

6. DIGITAL ASSETS. You agree to grant Bodhimanda Parties permission to use your likeness in a photograph, video, or other digital media (“Photo”) in any and all of its publications, including web-based publications, without payment or other consideration. Understanding and agreeing that all Photos will become the property of Bodhimanda Parties and will not be returned. You agree to irrevocably authorize Bodhimanda Parties to edit, alter, copy, exhibit, publish, or distribute these Photos for any lawful purpose. In addition, you waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, you waive any right to royalties or other compensation arising or related to the use of the Photo.

 

7. SEVERABILITY. If one or more provisions of this Release are held to be unenforceable under applicable law, each unenforceable provision shall be excluded from this Release, and the other provisions of this Release shall be interpreted as if each such unenforceable provision were excluded, and the balance of this Release as so interpreted shall be enforceable in accordance with its terms. 

 

8. ATTORNEY FEES. In the event any action is brought to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to an award of all costs and expenses incurred, including, without limitation, court costs, reasonable attorney fees, expert costs, and disbursements. 

 

9. CHOICE OF LAW. This agreement shall be governed and construed under the laws of the State of California. Any court action shall be adjudicated in Santa Barbara County. 

 

10. ENTIRE AGREEMENT. This agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, express or implied, between or among the parties hereto relating to the subject matter of this Agreement which are not fully expressed herein.