Waiver & Health Info
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Waiver & Health Info: *By providing my email and clicking "Agree and Accept," I acknowledge that I have read the waiver and health information, release of liability and assumption of risk, and that I agree to be bound by the terms therein. By agreeing to such terms, I understand that I am voluntarily giving up substantial legal rights, including the right to sue Oak City Yoga, its officers and employees, and its business partners. Release of Liability and Assumption of Risk: The individual named below (referred to as “I” or “me” or “participant”) desires to participate in yoga events and pop-ups (hereinafter referred to as the “Activities”) provided by Oak City Yoga, Inc., a corporation located in Raleigh, North Carolina (the “Company”). As lawful consideration for being permitted by the Company, its sponsors, and its business partners to participate in the Activities and for the intangible value that I will gain by participating in the Activities, I agree to all the terms and conditions set forth in this agreement (this “Agreement”). I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES ARE INHERENTLY DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. I ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY, ITS PARTNER(S), OR OTHERWISE. Express waiver and release I hereby expressly waive and release any and all claims, now known or hereafter known, against the Company, and its officers, agents, affiliates, successors, and assigns, including but not limited to Paula Fraschetti, and any persons partnering with the Company (including any sponsor and the owner(s) of the location where the Activities are to take place) to offer the Activities as well as the officers, employees, and agents of those partners (collectively, “Releasees”), on account of injury, death, or property damage arising out of or attributable to the Activities, whether arising out of the negligence of the Company or any Releasees. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims. Indemnification: I shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out of or resulting from any claim of a third party related to my participation in the Activities. Entire Agreement; Severability; Choice of Law: This Agreement constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of the Company and me and their respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Wake County, North Carolina and I hereby consent to the exclusive jurisdiction of such courts. Release of Photo, Video, and Likeness: As lawful consideration for participating in the Activities, I hereby grant permission to the Releasees (as defined in the preceding section) to use my email address for purposes of marketing and communication, to use and publish videos and photographs of me, and to use my likeness, name, and voice for educational, promotional, illustrative, and commercial purposes. I understand that this Release is not limited to any particular manner, media platform, format, method, or medium. I further acknowledge that I will not be compensated for these uses or publications, and that the Releasees exclusively own the rights to the images, videos, recordings, and any derivative works created in connection with the Activities (hereinafter referred to as “Content”). I acknowledge that this Release grants Company and its Releasees exclusive ownership of the Content and precludes any claims of invasion of privacy, infringement of moral rights, rights of publicity, or copyright. This Release of Photo, Video, and Likeness (“Media Release”) constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. This Media Release is binding on and shall inure to the benefit of the Company, Releasees, and me and our respective successors and assigns. This Agreement is also severable.
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