RELEASE OF LIABILITY - READ AS YOU WILL SIGN AT THE EVENT
In consideration of and in exchange for being permitted to participate in the activity of “Sherpa Sessions" taught by Kristin Weitzel and/or use of the property, facilities and services made available by Kristin Weitzel and the Sherpa Sessions Attendee,_______________________ of (city) ________________________________ ,do acknowledge, appreciate, and agree the following:
2. ASSUMPTION OF THE RISKS. I recognize on behalf of self, spouse, heirs, estate, and assigns that the risk of injury from the activities involved in this program is present. recognize that severe injuries, including permanent paralysis death, can occur in sports or activities involving height or motion, the activities including but not limited to heavy breathing, minimal breathing, breath-holding, meditation, physical exercises pertaining but not limited to yoga, strength training, running, and hiking and may be caused by terrain, facilities, temperature, weather conditions, condition of participants, equipment, vehicular traffic, breathing exercises, lack of hydration, or other factors.
Bodywork is a part of the coaching exercises. Bodywork may include being touched, massaged, or asked to assume certain positions. This will all happen within the context of improving breathing mechanics. If I feel in any way uncomfortable or unsafe with any of these exercises I will immediately voice this and remove myself from the exercise.
If have any doubt about the safety of this activity for my health or the health of others, I will not participate. While particular rules, equipment, and personal discipline may reduce this risk, the risk of serious injury still does exist. Concerning the Coronavirus, Covid-19, I declare that am in good health. I will take personal responsibility for my safety with regards to keeping my distance, washing my hands, and immediately reporting any symptoms as soon as they occur.
I have read the questions below and can at this moment answer them with “NO".
- Did you have one or more of the following symptoms in the past 24 hours? Coughing. Symptoms of a common cold. Fever or elevated temperature Shortness of breath. Loss of taste and or smell.
2. Does someone in your household have a fever and/or shortness of breath?
3. Have you had a novel coronavirus infection? (Laboratory confirmed in the past 7 days)?
4. Are you in quarantine because you have had direct contact with someone with a confirmed COVID-19 infection? Or have been in a code orange or code red country (the past 10 days)?
5. Does someone in your family or household have a COVID-19 infection and have you had contact with them in the past 10 days while they still had problems?
KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF KASPER VAN DER MEULEN OR BREATHWORK MASTERCLASS or others such as volunteers and trainers, and assume full responsibility for my participation.
I acknowledge and understand that while participating in the activity of "Breathwork Masterclass". I assume the risk of and responsibility for any injury, death, or property damage resulting from my participation in the activity, at no responsibility to Kristin Weitzel or Sherpa Sessions or any of their agents.
3. RELEASE.I, for myself and on behalf of my heirs, assigns, personal representatives, and next of kin, HEREBY RELEASE AND HOLD HARMLESS Kristin Weitzel and Sherpa Sessions, their officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event, for ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property arising out of my presence upon any facilities where the Sherpa Sessions is taking place, whether caused by the fault of myself, Kristin Weitzel and Sherpa Sessions, or other associated third parties, to the fullest extent permitted by law.
4. INDEMNIFICATION. I agree to indemnify and defend Kristin Weitzel and Sherpa Sessions against all claims, causes of action, damages, judgments, costs, or expenses, including attorney fees and other litigation costs, which may in any way arise from my use of the facilities made available by Kristin Weitzel and Sherpa Sessions.
5. NO DURESS. I agree and acknowledge that am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing.
6. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arms' length negotiation between the Parties. In the event, any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
7. ENFORCEABILITY. The invalidity or enforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or any other application of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
8. PHOTOGRAPH LICENSE. I understand that while participating in this activity, I may be filmed or photographed, grant a license to the activity organizer and affiliates to use my photo, video, or film likeness to be used for any legitimate purpose.
9. EMERGENCY CONTACT. In case of an emergency, please call this number:_______________________________________________________
10. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of Austin, TX, and the state of TEXAS (without regard to the choice of law or conflicts of law principles). In the event of a dispute arising out of or in any way relating to this document or activity to which it refers, jurisdiction and venue shall be the courts of The Netherlands and only in those courts. The parties irrevocably waive any objections or defenses based on lack of personal jurisdiction, improper venue, or forum non-convenience. To the extent allowed by law, the parties waive their right(s) to a jury trial in any action arising out of or in connection with this document or activity to which it refers. The parties further agree that any claims, disputes, or actions of any kind shall be resolved individually and without resort to any form of class action.
HAVING READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, I FULLY
UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.