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WAIVER/RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT
THIS WAIVER/RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT (the “Agreement”) by (“Participant”), in favor of MOVEJOY, LLC, a California limited liability company (the “Company”). In consideration of being given the opportunity to participate in the Company’s programming designed to teach the transformative power of movement and its impact on physical, emotional and mental well-being through activities both in-person and online including, but not limited to, dance, affirmations, visceralization, yoga, breathwork and somatic release (the “Program”), Participant acknowledges and voluntarily agrees as follows:
Assumption of Risk. Participant is fully aware of risks and hazards connected with participating in the Program, and is fully aware that there may be risks and hazards unknown to Participant connected with participating in the Program, and Participant hereby elects to voluntarily participate in the Program and engage in activities knowing that conditions may be hazardous, or may become hazardous or dangerous to Participant. By participating in the Program, Participant voluntarily assumes full responsibility for any risks of loss, property damage or personal injury, including death, that may be sustained by Participant, or any loss or damage to property owned by Participant, as a result of being a participant in the Program, whether caused by the negligence of the Company or otherwise.
Release and Indemnification. Participant hereby agrees to release, indemnify and hold harmless the Company and its directors, officers, employees, agents, volunteers, invitees, sponsors, partners, parent companies, subsidiaries, shareholders, and all of their respective affiliates (“Company Releasees”) from any and all claims and causes of action (including liabilities, demands, suits, or expenses) arising from or related to the Program, at law or in equity, whether known or unknown, accrued or unaccrued, including claims caused or alleged to be caused by the negligence of any of the Company Releasees, for injury, damage, death or other loss to Participant, Participant’s property, or the persons and property of third persons. This Agreement is intended to be a full and complete release of any and all claims and causes of action (including liabilities, demands, suits, or expenses) Participant could ever assert against the Company Releasees related in any conceivable way to the Program or Participant’s participation in the Program and is intended to act as a complete and total bar against Participant ever asserting any claims or causes of action (including liabilities, demands, suits, or expenses) against the Company Releasees arising from or related to the Program at any time in any forum. Participant understands and agrees to waive all claims Participant may have against the Company Releasees and agrees that neither Participant, nor anyone acting on Participant’s behalf, will make a claim or file a lawsuit against any of the Company Releasees. Participant agrees that Participant will never seek to hold the Company Releasees liable for any losses, injuries, or damages of any kind or manner whatsoever arising from or related to the Program. Participant agrees that should Participant ever assert such a claim or cause of action, the Company shall be entitled to full and complete dismissal, with prejudice, of any claim or cause of action by providing evidence of this Agreement, and, upon dismissal of such claim(s) or cause(s) of action, the Company will be entitled to all attorneys’ fees and costs associated with defending against such claim(s) or cause(s) of action.
Representations. Participant represents that:
Participant has no known physical illness or medical condition which could prohibit or lessen Participant’s ability to participate in the Program.
3.3 Participant has carefully read and understands the effect of this Agreement.
3.4 Participant’s execution of this Agreement is not based upon Participant’s reliance upon any representation, understanding or agreement not expressly set forth herein.
3.5 Participant understands that not all exercises or practices are suitable for everyone and that this Program may result in injury. Participant understands that the Company is not a healthcare or medical provider and that the Company does not provide medical advice.
3.6 Participant understands that the Company reserves the right to modify the content of the Program at any time without prior notice.
Duties and Responsibilities of Participant.
Participant has carefully read and understands the Company’s Terms of Use, Terms of Service, Privacy Policy and community guidelines and agrees to comply with the same while participating in the Program. Participant understands that failure to comply with the Company’s Terms of Use, Terms of Service, Privacy Policy and/or community guidelines may result in the Participant being banned from participation in the Program.
Participant understands and agrees that the Company makes no warranties or representations whatsoever about the Program, including the suitability, safety, and/or effectiveness thereof.
4.3 Participant agrees to engage with others participating in the Program in a respectful and positive manner, and honor the diverse opinions and backgrounds of other participants.
4.4 Participant understands that information exchanged during the Program (either in-person or online through chat rooms) is not professional medical, health, legal, or financial advice.
4.5 Participant understands that conversations in the Program’s online chat rooms are not monitored and agrees to take full responsibility for participation in such chat rooms. Participant understands and agrees that the content Participant shares in the Program (in-person or online in chat rooms) may be used by the Company in accordance with the Company’s Terms of Service and Privacy Policy.
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