Release and Waiver of Liability
I hereby enter into this RELEASE AND WAIVER OF LIABILITY (“Release”) as of the date appearing below with regard to the exercise facility (“Facility”) located in the Tustin Centre, (“Tustin Centre”).
This Release is made in reference to the following: (a) I am an employee of Tenant (defined below) that occupies space in the Tustin Centre, (b) I desire to use the Facility, (c) as a condition to my use of the Facility, I must execute a release, and (d) I execute this Release in favor of and for the benefit of Landlord (defined herein) to evidence my assumption of risk and responsibility and release of liability for all matters relating to my use of the Facility.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I do hereby agree as follows:
1. Conditions of Use of the Facility: I understand and agree that (a) the Facility is available for the use of the employees of tenants of the Tustin Centre only and for no other person, (b) the use of the Facility is at the risk of the users of the facility, (c) all users as a condition to the use of the Facility must sign and issue to Landlord a written release in a form and substance acceptable to Landlord, (d) the Facility is unsupervised, (e) users of the Facility, including me, must immediately report any needed equipment maintenance or any unsafe conditions in writing to Landlord and Tenant; (f) the Landlord, in its reasonable discretion, may change the rules and/or hours of the Facility at any time and Landlord reserves the right to deny access to the Facility to anyone due to misuse of the Facility or noncompliance with rules and regulations of the Facility, (g) the Landlord may, without liability whatsoever, discontinue providing the Facility at any time, (h) I agree to comply with all rules and regulations relating to the Facility, and (h) the Landlord shall have no liability, whatsoever relating to my participation, involvement with or use of the Facility.
2. My Assumption of Full Risk and Responsibility: In consideration of being allowed to use the Facility, I assume full risk and responsibility for all bodily injury, property loss and property damage, including, but not limited to, injuries arising from or related to use by me or others of the equipment, machines, locker rooms and other matters of the Facility, injuries and medical disorders arising from or related to the use of the Facility such as heart attack, stroke, death, heat stress, sprains, strains, broken bones, torn muscles, tendons and ligaments, accidental injuries occurring anywhere in the Facility, and any property loss or damage that may arise or be sustained by the me during or related to participation in, involvement in, or use of the Facility.
3. FULL RELEASE OF ALL CLAIMS AND POTENTIAL CLAIMS: I DO HEREBY VOLUNTARILY ASSUME ALL RISK, KNOWN AND UNKNOWN, OF INJURIES, LOSS OR DAMAGES CAUSED, EVEN IF CAUSED IN WHOLE OR IN PART BY THE ACTION, INACTION, OR NEGLIGENCE OF THE RELEASED PARTIES (DEFINED HEREIN) TO THE FULLEST EXTENT ALLOWED BY LAW. ACCORDINGLY, I DO HEREBY FOREVER RELEASE AND DISCHARGE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, INJURIES, DAMAGES, ACTIONS, AND CAUSES OF ACTION, WHATSOEVER, AND FROM ANY AND ALL LIABILITY FOR ANY LOSS OF PROPERTY OR PROPERTY DAMAGE, OR PERSONAL INJURY OF ANY KIND, NATURE OR DESCRIPTION THAT MAY ARISE OR BE SUSTAINED BY ME DURING OR RELATED TO PARTICIPATION, INVOLVEMENT WITH, OR USE OF THE FACILITY. TO THE EXTENT PERMITTED BY LAW, I HEREBY INDEMNIFY, AND AGREE TO PROTECT, DEFEND AND HOLD THE RELEASED PARTIES HARMLESS AGAINST ANY AND ALL ACTIONS, CLAIMS, DEMANDS, LIABILITY, COSTS AND EXPENSES ARISING FROM THE USE OF THE FACILITY BY ME. THE “RELEASED PARTIES” CONSIST OF MEGHANN STAFF DBA 7E YOGA, TUSTIN CENTRE PROPERTY HOLDINGS, LLC, GLPM INVESTOR, LLC, RSFC HOLDINGS, LLC, HSFC HOLDINGS, LLC, GREENLAW PARTNERS, LLC AND GREENLAW MANAGEMENT, INC (“LANDLORD”) ITS PARENT, AFFILIATED AND SUBSIDIARY COMPANIES AND THEIR REPRESENTATIVES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS, AND ALL OTHER ENTITIES AND PERSONS OWNING, MANAGING AND MAINTAINING THE FACILITY, INCLUDING, WITHOUT LIMITATION, CB RICHARD ELLIS.
4. The Release Extends to Unknown and Future Claims: I understand that California Civil Code Section 1542 provides:
A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.
I hereby expressly waive and relinquish every present or future right or benefit I have or may have as a result of any of the facts, matters and/or events referred to in this Release under California Civil Code Section 1542 and/or any similar law, statute, provision or policy to the fullest extent permitted by law.
5. Further Warranties By Me: I represent and agree that (a) I have read and understand this Release, (b) this Release is binding upon me and (c) this Release is being relied on by Landlord in permitting my use of the Facility.
6. Written Notice: Unless otherwise requested by Landlord, all notices to be given to Landlord shall be delivered to Landlord as follows: Meghann Staff DBA 7E Yoga, 211 Gallery Way, Tustin, CA 92782.
7. Governing Law: This Release shall be governed by the laws of the State of California.
I wish to participate in the Activity conducted on the property of 1 First American Way, Santa Ana, California.
- Participation in this Activity can result in personal harm, loss, damage, injury, or death. I accept these risks on behalf of myself and on behalf of my heirs, executors, and assignors. To the fullest extent allowed by law, I waive and release any potential future claim against any and all persons or entities (including, but not limited to, 7E Yoga) that may in some manner be responsible for sponsoring, directing, teaching, or supervising my activities, the activities of others, or that own, control, or maintain the physical location in which such classes or programs are conducted. 7E Yoga does not warrant or guarantee that the physical location of the Activity is safe and appropriate for such an Activity and/or that any equipment used is in good and proper working order. It is my sole and personal obligation to ensure that the site and equipment is safe and appropriate for my use.
- I am responsible for determining whether I am physically and medically able to participate in the Activity. I am responsible for determining whether a physical or medical examination should be undertaken before I participate in the Activity and I will abide by any determination, limitation, or recommendation that may be issued by my medical or health care provider. Before, during, and after the Activity, I am solely responsible for determining my health and physical status and whether I can or should discontinue my participation in the Activity, or take other actions, to protect my health or safety. 7E Yoga assumes no duty to me to ensure my physical or medical ability to participate in these Activities, whether before, during, or after such Activities.
- I will conduct myself in a safe and reasonable manner. I will not participate in the Activity while under the influence of medication, drugs or alcohol, or while suffering from any medical, health or other condition (including, but not limited to, illness or injury), that might in some manner potentially cause harm or injury to me, to another participant, or to the property of the 7E Yoga. I will defend and release liability of 7E Yoga and its agents, representatives, and employees, in response to any claim for injury, damage, or loss arising in some manner from my participation in the Activity.
- I understand that the information provided in regards to the Activity including preexisting injuries and conditions indicated by me may be shared with 7E Yoga, and its agents, representatives, and employees. I agree to release the right to 7E Yoga withholding all medical information provided by me for this Activity.
After having read this waiver and knowing these facts, and in consideration of acceptance of my participation and 7E Yoga furnishing services to me, I agree, for myself, and anyone entitled to act on my behalf to HOLD HARMLESS, WAIVE, AND RELEASE, 7E Yoga, its officers, agents, employees, contractors, organizers, representatives and successors from any responsibility, liabilities, demands, or claims of any kind arising out of my participation in yoga and group exercise programs or events.