RELEASE OF LIABILITY AND ASSUMPTION OF RISK
The individual named below (referred to as “you” or “your”) desires to participate in online Pilates and or Yoga Instruction (the “Instruction”) provided by Karen Sehgal, DBA J.O.Y. Just One You (the “Company”) via an online video membership or participating as a visitor with a member. In consideration of being permitted by the Company to engage in the Instruction and in recognition of the Company’s reliance hereon, you agree to all the terms and conditions set forth in this agreement (this “Release”).
2. You hereby expressly waive and release any and all claims, now known or hereafter known, against Karen Sehgal as an individual and the Company, and its owner, employees, agents, affiliates, successors, and assigns (collectively, “Releasees”), on account of injury, illness, disability, or death arising out of or attributable to your participation in the Instruction, whether arising out of the ordinary negligence of the Company or any Releases or otherwise. You covenant not to make or bring any such claim against Ms. Sehgal, the Company, or any other Releasee, and forever release and discharge Ms. Sehgal, the Company, and all other Releases from liability under such claims. This waiver and release does not extend to claims for gross negligence, willful misconduct, or any other liabilities that California law does not permit to be released by agreement.
3. You confirm that you are in good health, in proper physical condition, and do not have any medical or other conditions that would impair your ability to participate in the Instruction. You agree that you will also follow all instructions, recommendations, and cautions of the Company at all times during the Instruction. If at any time you believe conditions to be unsafe or that you are no longer in proper physical condition to participate in the Instruction, you will immediately discontinue further participation in the Instruction.
4. You agree to defend, indemnify, and hold harmless Ms. Sehgal, the Company, and all other Releases 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, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by the Company or any other Releases arising out or resulting from any claim of a third party related to your participation in the Instruction, including any claim related to your own negligence or the ordinary negligence of the Company.
5. This Release constitutes the sole and entire agreement of the Company and you 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 Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Company and you and the respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Los Angeles County, California, and you hereby consent to the exclusive jurisdiction of such courts.