WAIVER AND RELEASE OF LIABILITY
COPAL Hot Mat LLC — 3232 Mission Street, San Francisco, California
This Waiver and Release of Liability (this “Agreement”) is entered into between COPAL Hot Mat LLC, a California Limited Liability Company (“Company”), located at 3232 Mission Street, San Francisco, California (the “Premises”), and the undersigned individual (“Client”):
Client Name (Print): _________________________________________
1. CONDITION OF PARTICIPATION. AS A CONDITION OF ENROLLING IN OR PARTICIPATING IN ANY YOGA, PILATES, OR GENERAL FITNESS OR WELLNESS CLASS OFFERED BY THE COMPANY, OR OF ENTERING OR USING THE PREMISES IN ANY CAPACITY, CLIENT MUST EXECUTE THIS AGREEMENT. Client’s enrollment or participation constitutes Client’s acknowledgment and acceptance of the terms herein.
2. ASSUMPTION OF RISK. Client acknowledges that participation in yoga, pilates, and fitness/wellness activities involves inherent risks of physical injury, including but not limited to muscle strains, sprains, fractures, heat-related illness (including in heated studio environments), cardiovascular stress, and other bodily injury. Client voluntarily assumes all such inherent risks.
3. WAIVER AND RELEASE. TO THE MAXIMUM EXTENT PERMITTED BY CALIFORNIA LAW:
CLIENT HEREBY KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVES, RELEASES, AND FOREVER DISCHARGES THE COMPANY AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, INSTRUCTORS, AND REPRESENTATIVES (COLLECTIVELY, “RELEASED PARTIES”) FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, COSTS, EXPENSES, CAUSES OF ACTION, AND LIABILITIES OF ANY KIND OR NATURE, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR RELATING TO CLIENT’S PARTICIPATION IN THE COMPANY’S CLASSES OR USE OF THE PREMISES, INCLUDING CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF ANY RELEASED PARTY. THIS WAIVER AND RELEASE IS INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED UNDER CALIFORNIA LAW.
4. EXCLUSIONS. Notwithstanding Section 3, this Agreement does not waive or release any Released Party from liability for: (a) gross negligence; (b) willful or intentional injury; or (c) fraud, as those terms are defined under California law.
5. CALIFORNIA CIVIL CODE § 1542 WAIVER. Client expressly waives any rights under California Civil Code § 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
6. INDEMNIFICATION. Client agrees to indemnify, defend, and hold harmless the Released Parties from any claims, losses, or expenses (including reasonable attorneys’ fees) arising from Client’s participation in any class or use of the Premises, to the extent not caused by the gross negligence, willful injury, or fraud of a Released Party.
7. MEDICAL ACKNOWLEDGMENT. Client represents that Client is in adequate physical health to participate in the Company’s activities and has consulted, or had an opportunity to consult, a physician prior to participation. Client assumes sole responsibility for any medical treatment required as a result of participation.
8. MISCELLANEOUS. This Agreement shall be governed by the laws of the State of California. If any provision is found invalid or unenforceable, the remaining provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior representations or agreements.
I HAVE READ THIS AGREEMENT CAREFULLY, UNDERSTAND ITS TERMS, AND SIGN IT FREELY AND VOLUNTARILY. I UNDERSTAND THAT BY SIGNING THIS AGREEMENT I AM WAIVING LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR ORDINARY NEGLIGENCE. I ACKNOWLEDGE THAT MY PARTICIPATION IN THE COMPANY’S CLASSES AND USE OF THE PREMISES IS EXPRESSLY CONDITIONED UPON MY EXECUTION OF THIS AGREEMENT.
Client Signature
Date
Print Name
FOR COMPANY USE ONLY — Staff Initials: ________ Class/Session: _______________________ Date Received: ______________