Waive
RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
SOUL GROW GROUP SIA RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT(“AGREEMENT”)
Please read the following carefully.
You can not participate in any SOUL GROW GROUP SIA events or be on SOUL GROW GROUP SIA property without first signing this agreement.
Agree below only if you agree to be bound by all terms within this agreement.
I, in consideration of my participation in SOUL GROW GROUP SIA organized events and to be permitted to participate in any way in SOUL GROW GROUP SIA sponsored Events (“Events”), and my personal representatives, assigns, heirs, and next to kin:
UNDERSTAND that this program and its contents are confidential and agree not to disclose or disseminate any portion of this program for any purpose. I consent and agree to refrain from taking any notes, audio, photographic or video graphic records of this program.
UNDERSTAND that photographs and video graphic images of the program and its participants may be taken by SOUL GROW GROUP SIA and I hereby release SOUL GROW GROUP SIA and its representatives from any claims I may have to the use and dissemination of such photographs or video graphic images.
UNDERSTAND that this program is not a substitute for medical care and offers no guarantees and that I should seek the advice of a qualified health care professional before engaging in yoga or in any case it might be necessary.
ACKNOWLEDGE, agree and represent that I understand the nature of SOUL GROW GROUP SIA Events and that I am qualified, in good health and in proper physical and mental condition to participate in such Events. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in such Events.
FULLY UNDERSTAND that: (a) SOUL GROW GROUP SIA EVENTS MAY INVOLVE RISKS AND DANGERS WHICH WOULD RESULT IN SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS AND DEATH (“Risks”); (b)these Risks to which I will be exposed involve ever changing and unpredictable natural conditions, the condition in which Events take place, my own actions, or inactions, or the NEGLIGENCE OF THE “INDEMNIFIED PARTIES” NAMED BELOW; (c) there may be other RISKS AND SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time; and I CHOOSE TO PROCEED WITH EVENTS AND FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation in SOUL GROW GROUP SIA Events.
HEREBY KNOWINGLY, VOLUNTARILY AND EXPRESSLY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE SOUL GROW GROUP SIA, its respective directors, officers, employees, agents, teachers, instructors, presenters, facilitators, independent contractors, organizers, volunteers, other participants, and owners and lessors of premises or equipment with which the Events take place, (each considered a “Indemnified Party” herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, EXPENSES, LOSSES FOR DAMAGES, PERSONAL INJURY, MENTAL SUFFERING AND DISTRESS, OR DEATH CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE “INDEMNIFIED PARTIES” OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS CONNECTED TO MY PARTICIPATION IN SOUL GROW GROUP SIA EVENTS. I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT I or anyone on my behalf, makes a claim against any of the Indemnified Parties, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE INDEMNIFIED PARTIES from any litigation expenses, attorney fees, loss, liability, damage, or cost incurred by the Indemnified Parties as the result of such claim.
FULLY UNDERSTAND that I may assist event participants to the best of my own ability if they appear to need such assistance, but only for so long as I can do so, in my judgment, without unreasonably endangering myself. I further understand that I have no legal obligation to assist, and that neither the event participants nor any other member or guest of SOUL GROW GROUP SIA has any legal obligation to render assistance to me.
This Agreement shall be construed in accordance with and governed by the laws of the Republic of Latvia. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, it shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such provision had never been contained herein.
As a condition of my participation in the program, I agree that any dispute related to my registration for or participation in the program, including without limitation claims for negligence, breach of contract, fraud, intentional torts, or any other acts or omissions of the Indemnified Parties, shall be resolved by confidential, binding arbitration conducted at the Independent Arbitration Court (Neatkarīgā Šķīrējtiesa, № 40003761802, address Antonijas str. 7, Riga, LV-1010) in accordance with its Arbitration Rules and laws existing in the Republic of Latvia. The number of arbitrators is – one. The language of arbitration is Latvian. Form of arbitration process – verbal. The arbitration award shall be final and binding on both parties, shall not be subject to de novo review, and no appeal may be taken. The ruling of the arbitrator may be entered and enforced as a judgment by a court of competent jurisdiction. Any court of competent jurisdiction may enforce the arbitration provision of this agreement, and the parties shall bear their own costs, fees, and expenses associated with its enforcement. I acknowledge and agree that this agreement to arbitrate shall result in a waiver of my rights to a court or jury trial for any claim that I may assert.
This release is given to enable other event participants and me to feel free to participate in SOUL GROW GROUP SIA Events and to offer our services to help each other without fear of liability. This release is given in consideration for similar releases granted or to be granted to my benefit by other participants in SOUL GROW GROUP SIA Events. THIS RELEASE HAS NO EXPIRATION DATE AND SHALL BE DEEMED REAFFIRMED EACH TIME I PARTICIPATE IN ANY SOUL GROW GROUP SIA EVENT.
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE EFFECT.
Discclaimer
I understand that any statements, stories, or testimonials presented before or during the Program do not constitute a warranty, guarantee, or prediction regarding my experience during or after the Program. Further, I understand that there is no warranty, guarantee, or prediction that I will experience any particular state of awareness or consciousness, or any particular outcome, during or after the Program.
In consideration for being permitted to participate in the Program, I agree to assume full responsibility for any risks, injuries, or damages, known or unknown, that I might incur as a result of participating in the Program.
In further consideration for being permitted to participate in the Program, I hereby knowingly, voluntarily, and expressly waive any and all claims, liabilities, demands, expenses, fees, legal actions, rights of action for damages, personal injury, mental suffering and distress, or death (“Claims”), including legal fees or expenses, that I may suffer or that my spouse, children, or unborn children may suffer in connection with my participation in the Program. I agree to indemnify, release, and hold harmless SOUL GROW GROUP SIA, including its directors, managers, teachers, instructors, presenters, facilitators, employees, agents, volunteers, and independent contractors (collectively, the “Indemnified Parties”), from and against any loss, cost, or liability incurred in defending any Claim made by me or anyone making a Claim on my behalf, even if the Claim is alleged to or did result from the negligence of any of the Indemnified Parties or anyone else.
To the full extent permitted by law, I and my heirs or legal representatives forever release, waive, discharge, and covenant not to sue any of the Indemnified Parties for any Claim caused by any negligence or other acts of the Indemnified Parties.
This agreement shall be construed in accordance with and governed by the laws of the Republic of Latvia. If any provision of this agreement is held to be invalid, illegal, or unenforceable, it shall not affect any other provision of this agreement, and this agreement shall be construed as if such provision had never been contained herein.
As a condition of my participation in the Program, I agree that any dispute related to my registration for or participation in the Program, including without limitation Claims for negligence, breach of contract, fraud, intentional torts, or any other acts or omissions of the Indemnified Parties, shall be resolved by confidential, binding arbitration conducted by the Independent Arbitration Court (Neatkarīgā Šķīrējtiesa, № 40003761802, address Antonijas str. 7, Riga, LV-1010) in accordance with its Arbitration Rules and laws existing in the Republic of Latvia. The number of arbitrators is – one. The language of arbitration is Latvian. Form of arbitration process – verbal. The arbitration award shall be final and binding on both parties, shall not be subject to de novo review, and no appeal may be taken. The ruling of the arbitrator may be entered and enforced as a judgment by a court of competent jurisdiction. Any court of competent jurisdiction may enforce the arbitration provision of this agreement, and the parties shall bear their own costs, fees, and expenses associated with its enforcement. I acknowledge and agree that this agreement to arbitrate shall result in a waiver of my rights to a court or jury trial for any Claim that I may assert.