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True Motion Liability Waiver (3548)
SECTION 3: REPRESENTATION; RELEASE & WAIVER OF LIABILITY
3.1. Health Representation. Client represents that he/she has no disability, impairment, or ailment preventing him/her from using the Club's Services or that will be detrimental or adverse to Client's health, safety, or physical condition if he/she does so engage, participate or make use. Client acknowledges and agrees that: (1) the Club will rely on the foregoing representation in issuing this Agreement, (2) the Club shall have no obligation to perform a fitness assessment or similar testing to determine Client's physical condition, (3) if any fitness assessment or similar testing is performed by the Club, it is solely for the purpose of providing comparative data with which Client can track progress in a program and is not for diagnostic purposes, (4) the Club shall not be subject to any claim, demand, or injury whatsoever on account of the Club's evaluation or interpretation of such fitness assessment or similar testing, and (5) the Club shall not be liable for any injury arising out of Client's disability, impairment, or ailment preventing him/her from using the Club's Services, or that would be detrimental or adverse to Client's health, safety, or physical condition if he/she does so engage, participate or make use. Client should be aware of his/her medical history and should consult with a physician prior to engaging in any use of the Club's Services.
3.2. Personal Injury. Client certifies that he/she understands the risks associated with use of the Club's Services under this Agreement, including, but not limited to, physical injury resulting from the acts, omissions, and/or negligence of Client and/or others. Client shall be responsible for any injury sustained by Client which may result from Client's use of the Club's Services. It shall be the obligation of Client to pay for any costs involved upon presentation of a statement thereof. Any and all use of the Club's Services by Client shall be at Client's own risk, and the Club shall not be liable for any injuries or damages to Client, or be subject to any claim, demand, injury or damages. Client, individually, and on behalf of his/her personal representative, heirs, administrators, assigns and successors, does hereby expressly forever release and discharge the Club, its successors and assigns, as well as its officers, agents and employees from all such claims, demands, actions, or causes of action, stemming from use of the Club's Services.
SECTION 4: MISCELLANEOUS
4.1. Modification. This Agreement shall not be modified, amended or changed by any party, except in writing, executed by all parties herein, specifying the modification, amendment or change.
4.2. Serve ability. If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction (or, if applicable, an arbitrator), the remaining provisions of this Agreement shall not be affected and shall remain in full force and effect.
4.3. Signatures. This Agreement is binding upon written signatures by Client and the Club upon the date of such execution.This Agreement is also binding upon the check of the box through Triib.
4.4. Entire Agreement. There are no representations, covenants, or undertakings other than those expressly set forth in this Agreement. The parties acknowledge that no party, nor any agent or attorney of any party, has made any promise, representation, or warranty whatever, express or implied, not contained in this Agreement to induce any other party to enter into this Agreement. The parties acknowledge that they have not executed this Agreement in reliance on any promise, representation, or warranty not specifically contained in this Agreement. The parties further represent and declare that they have carefully read and fully understand this Agreement, and that they sign this Agreement freely and voluntarily.
4.5. No Implied Waiver/Non-Waiver. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
4.6. No Obligation to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, nor obligate any of the parties hereto, to any person or entity other than the parties hereto their respective permitted successors and assigns.
4.7. No Guarantees. Client does acknowledge and understand that neither the Club, nor representatives, agents, employees, have made any representations or guarantees regarding Client’s physical condition at the time of membership and Client’s physical condition following yoga services. Results vary depending on, but not limited to, the Client’s personal efforts, health, diet.
4.8. Construction/Interpretation. Words used in the singular shall include the plural, and vice-versa, and any gender shall be deemed to include the other. The captions and headings contained in this Agreement are for convenience of reference only, and shall not be deemed to define or limit the provisions hereof. Each party acknowledges that such party, after negotiation has reviewed and revised this Agreement. The terms of this Agreement shall be fairly construed and the usual rule of construction, to the effect that any ambiguities herein should be resolved against the drafting party, shall not be employed in the interpretation of this Agreement or any amendments, modifications or exhibits hereto or thereto.
4.9. Governing Law and Designated Forum. (a) The laws of the State of California (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to this agreement and the transactions it contemplates, including, without limitation, its interpretation, construction, validity, performance (including the details of performance), and enforcement and; (b) legal action or proceeding must be filed in the San Diego County Central Division Courthouse.
4.10. Assignment; Delegation.: Client shall not assign any rights or delegate performance under this Agreement, except with the prior written consent of the Club. Client must give notice to the other party, in writing, ninety (90) days from the date of intended assignment or delegation.
4.11. Amendments. No amendment to this agreement shall be effective unless the proposed amendment is in writing and signed by both parties thirty (30) calendar days, including weekends and holidays, prior to the effective date of the amendment.
4.12. Indemnity and Hold Harmless. Client is responsible for any and injuries, accidents, occurrences as a result of Client’s participation at the Club. Upon execution of this Agreement, Client shall indemnify, defend, and hold harmless the Club against and in respect of any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest penalties and reasonable attorney's fees, that Client shall incur or suffer, which arise, result from, or relate to the Client’s participation at the Club.
4.12 Client Representations. I understand that the program is voluntary and that an Instructor will develop and lead the exercises. I understand that the Instructor will not tailor his or her program to fit my needs, but rather the class is developed for the benefit and directed at a general health perspective of all participants, of similar yoga experience for the designated class. During the program if my medications, condition, or medical limitations should change, I will notify the Instructor and also the Club. I understand that it is recommended that I have a yearly physical or more frequent physical examination and consultation with my physician as to physical activity and diet so I am aware of what is appropriate for me. I acknowledge that I have either had a physical exam and have been given my physician’s permission to participate or I have decided to participate without approval of my physician.
I declare that I have read, understand and agree to the contents of this Membership Agreement in its entirety. I understand that the Assumption of Risk, Waiver of Liability, and Yoga Membership Policies and Procedures are intended to be as broad and inclusive as permitted by the State of California and agree that if any portion is held invalid, the remainder will continue in full force and effect.
CLIENT SIGNATURE: ____<CLIENTNAME>___________________ DATE: <CONTRACTSTARTDATE>_____________________
CLUB REPRESENTATIVE: ___<STUDIONAME>_______________ DATE: <CONTRACTSTARTDATE>__________
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