IT IS YOUR RESPONSIBILITY TO INFORM THE INSTRUCTOR OF YOUR LIMITATIONS/NEEDS BEFORE YOUR ACTIVITY BEGINS.
I, on behalf of myself, my heirs, executors, administrators, assigns, or personal representatives, desire to participate in educational workshops, yoga, meditation, and other yoga activities (the “Activity”) provided by Untacked Inc., a New Hampshire limited liability company with offices located at 21 Huntervale Ave., Rye, NH 03870 (“UNTACKED INC.”). As lawful consideration for being permitted by UNTACKED INC. to participate in the Activity, I agree to all the terms and conditions set forth in this agreement (“Agreement”).
Fit to Participate: I represent and warrant that I am in good physical health and do not suffer from any medical condition which would limit my participation in the Activities. I understand that it is my responsibility to consult with a physician prior to participating in the Activities to ensure I am fit to do so. I agree to follow all instructions given to me by UNTACKED INC. regarding how to safely participate in the Activities.
Duty to Warn: I agree that if I observe any condition or behavior which I believe may be unsafe or harmful to myself or others, I will immediately advise representatives of UNTACKED INC. and I will immediately leave the area and/or discontinue participation in that portion of the Activities which I believe may be unsafe.
Assumption of Risk: I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES ARE DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF SERIOUS INJURY, INCLUDING PARALYSIS, 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 UNTACKED INC.. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE 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 UNTACKED INC., ANY OTHER THIRD-PART, OR OTHERWISE.
Release of Claims: I hereby expressly waive and releaseany and all claims, now known or hereafter known, against UNTACKED INC. , and its officers, directors, employees, agents, affiliates, members, successors, and assigns (collectively, “Releasees“), on account of injury, death, or property damage arising out of or attributable to my participation in the Activities, whether arising out of the negligence of UNTACKED INC. or any Releasees or otherwise. I covenant not to make or bring any such claim against UNTACKED INC. or any other Releasee, and forever release and discharge UNTACKED INC. and all other Releasees from liability under such claims.
Indemnification: I shall defend, indemnify, and hold harmless UNTACKED INC. 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 reasonable attorney fees, fees and the costs of enforcing any right to indemnification under this Agreement.
Medical Treatment: I agree that should a medical emergency arise during my participation in the Activities, that I alone shall bear all financial costs associated with my rescue, if necessary, and all medical treatments. In the event of a medical emergency, UNTACKED INC. will use their best reasonable efforts to first contact the appropriate emergency services and then emergency contact listed below. UNTACKED INC. shall have no liability for the actions of my rescuers or medical providers.
Model Release: I understand that the Activities may be photographed, videotaped, or otherwise recorded, for future use by UNTACKED INC. in furtherance of its business. I hereby grant my permission to use and license all photographs, film, recordings, or other images of me or of parts of my body (individually or collectively, the “Images”) in any media, including, without limitation, digital, electronic, print, television, film, Internet, and any other media (collectively, “Media”), for any purpose, which may include, without limitation, advertising, promotion, marketing, and
packaging for any products or services. I agree that the Images may be combined with other images, text, and graphics, and may be cropped, altered, or modified. I hereby release and agree that I retain no rights to the Images, and all rights to the Images belong to UNTACKED INC. I hereby release UNTACKED INC. from any and all claims, including, without limitation, claims for damages for libel, infringement of rights of publicity, invasion of privacy, portrayal in a false light, or any other claim based on use of the above-described material(s). I acknowledge and agree that I have no right to consideration or accounting, and that I will make no further claim for any reason to UNTACKED INC.
Age of Participant: If I am under the age of eighteen, then this Agreement must be completed and signed by my parent or legal guardian. I also understand that if I am under eighteen, my parent or legal guardian must accompany me during my participation in the Activities.
Miscellaneous: This Agreement constitutes the sole and entire agreement between UNTACKED INC. 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 UNTACKED INC. 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 New Hampshire without giving effect to any choice or conflict of law provision or rule.
I ACKNOWLEDGE THAT I HAVE READ AND CLEARLY UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND AGREE TO THEM ON MY OWN FREE WILL WITHOUT DURESS. I ALSO ACKNOWLEDGE THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE UNTACKED INC.