By attending or participating in Standup and Flow paddle boarding, yoga classes, rentals, and/or sup fitness classes, the undersigned (“Participant”) understands and agrees that participation in one or all of these classes is conditioned upon Participant’s agreement to the terms and conditions of this Waiver of Liability – Hold Harmless (this “Agreement”).Participant is of sound mind and judgment and understands and agrees to be bound by the terms of this Agreement. Participant hereby assumes full responsibility for the risk of bodily injury, death or property damage arising out of his/her participation in or involvement in the above referenced classes, and completely waives, to the greatest extent permitted by law, any and all claims that he/she may hereafter have against Standup and Flow, Casey Thoma, and each of their respective members, officers, instructors, directors, agents and affiliates (collectively “Indemnified Parties”), which claims related in any way to, or which arise directly or indirectly, in whole or in part, from the conduction of the classes, including claims that may arise out of the negligence or gross negligence of such person or entities.
In addition, Participant understands and acknowledges that paddle boarding is an activity in the open lake and subject to waves, wind, and marine hazards (animate and inanimate) of all types. Participant understands that yoga and fitness involves the inherent risk of physical injuries or other damage, including, but not limited to heart attacks, muscle strains, pulls or tears, broken bones, shin splints, heat prostrations, knee/back/foot injuries and other illness, soreness or other injury however caused during participation in the class. Participant further acknowledges that each class requires physical activity and carries with it the potential of serious injury, and property loss. The risks include, but are not limited to those caused by terrain, temperature, weather, condition of participants, lack of hydration, and actions of others in this activity. Participant realizes that liability may arise from negligence or carelessness on the part of the persons or entities listed above; from dangerous or defective equipment or property owned, maintained or controlled by them; or conditions beyond the Indemnified Parties control. Participant attests to the fact that he/she is physically fit and has not been advised otherwise by a qualified medical person. In the event of an emergency during paddle boarding, there will be no qualified medical care available besides a CPR certified instructor.I give permission for my photo and video to be used at the discretion of Standup and Flow for social media, advertising, and promotion. I herby certify that I have read this document in its entirety and all accompanying rules and safety recommendations and understand their contents. I agree to the charges listed and understand the risk involved in participating in this activity.
COVID-19 WAIVER OF LIABILITY AND INDEMNIFICATION
1. I agree that I am personally responsible for my safety and actions while visiting Standup an Flow. I agree to comply with all Standup and Flow policies and rules, including but not limited to all Standup and Flow policies, guidelines, signage, and instructions. Because Standup and Flow is open for use by other individuals, I recognize that I am at higher risk of contracting COVID-19. With full awareness and appreciation of the risks involved, I, for myself and on behalf of my family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby forever release, waive, discharge, and covenant not to sue Standup and Flow, independent contractors, affiliates, employees, successors, and assigns (collectively the “Released Parties”) from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me related to COVID-19 whether caused by the negligence of the Released Parties, any third-party using Standup and Flow, or otherwise, while participating in any activity while in, on, or around Standup and Flow and/or while using any Standup and Flow facilities, tools, equipment, or materials.
2. I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, and/or liabilities (including attorney fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury, death, loss of use, monetary loss, or any other injury from or related to my use of Standup and Flow facilities, tools, equipment, or materials, whether caused by the negligence of the Released Parties or otherwise specifically related to COVID-19.
3. By signing I acknowledge and represent that I have read the foregoing Waiver of Liability, understand it and sign it voluntarily as my own free act and deed, including without limitation the Release of Liability and Indemnification requirements contained in this document; I am sufficiently informed about the risks involved in using Standup and Flow to decide whether to sign this document; no oral representations, statements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this document for full, adequate, and complete consideration fully intending to be bound by the same. I agree that this Wavier of Liability shall be governed by and construed in accordance with Illinois law, and that if any of the provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Wavier of Liability as a whole. This waiver remains in effect until the State of Illinois lifts all COVID-19 related mandates.
4. I agree to self checks. If I have a fever, cough or feel ill, I will call my local health provider and stay home for at least 14 days starting on the day symptoms are gone.
By agreeing to this liability waiver, I agree that:
- It is my responsibility to consult with a physician prior to and regarding my participation in yoga classes, health programs, or workshops.
- I knowingly, voluntarily, and expressly waive any claim that I may have against Standup and Flow for injury or damages that I may sustain as a result of participating in yoga classes, health programs, workshops or while visiting Standup and Flow.
- I grant permission to Standup and Flow to use any images or videos of me in photographs, designs, advertisements, other promotions, for Standup and Flow.
- I agree that Standup and Flow is in no way responsible for the safe keeping of my personal belongings while I attend class.
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