In consideration of the services provided by Out There Yoga LLC, its agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on its behalf (hereinafter collectively referred to as "Out There Yoga"), I, the undersigned participant, hereby agree to release, indemnify, and discharge Out There Yoga, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representatives, and estate, as follows:
1. Acknowledgment of Risks:
I acknowledge that my participation in outdoor yoga activities, hiking, camping, and backpacking which may include sessions held in natural settings, entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks include, but are not limited to:
Slips and falls
Hazards of practicing yoga on uneven terrain
Exposure to wildlife, including snakes and insects
Exposure to extreme heat or cold
Uneven surfaces
Physical exertion associated with yoga practice
Equipment failure
Negligence of participants or others present
Accidents or illness in remote areas without medical facilities
Consumption of food or drink
My own physical condition
Transmissible pathogen disease
2. Assumption of Risks:
I expressly agree and promise to accept and assume all of the risks associated with participating in outdoor yoga activities. My participation in these activities is purely voluntary, and I elect to participate in spite of the risks.
3. Release and Indemnification:
I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Out There Yoga from any and all claims, demands, or causes of action, which are in any way connected with my participation in outdoor yoga activities or my use of Out There Yoga’s equipment or facilities, including any such claims which allege negligent acts or omissions of Out There Yoga.
4. Attorney's Fees and Costs:
Should Out There Yoga or anyone acting on their behalf be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. Insurance and Medical Expenses:
I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in outdoor yoga activities, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
6. Venue and Governing Law:
In the event that I file a lawsuit against Out There Yoga, I agree to do so solely in the state of Arizona, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in outdoor yoga activities, I may be found by a court of law to have waived my right to maintain a lawsuit against Out There Yoga on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation with Out There Yoga.
I, [Participant's Full Name], hereby grant Out There Yoga and its representatives, agents, employees, and assigns (hereinafter collectively referred to as Out There Yoga) permission to use photographs, video recordings, and/or audio recordings of me taken or captured during my participation in Events for the following purposes:
Social Media: I grant permission for Out There Yoga to use my likeness, image, and voice in photographs, video recordings, and/or audio recordings on social media platforms, including but not limited to Facebook, Instagram, Twitter, and YouTube, for the purpose of promoting Out There Yoga and its outdoor yoga events.
Marketing: I grant permission for Out There Yoga to use my likeness, image, and voice in promotional materials, brochures, flyers, posters, newsletters, advertisements, websites, and other marketing materials related to Out There Yoga and its activities.
Archival Purposes: I understand that Out There Yoga, video recordings, and/or audio recordings may also be used for archival purposes and may be kept for an indefinite period.
I hereby waive any right to inspect or approve the finished photographs, video recordings, and/or audio recordings, or the use to which they may be applied.
I understand that my participation in the Event is voluntary and that I will not receive compensation or royalties for the use of my likeness, image, and voice as described above. I also understand that once the photographs, video recordings, and/or audio recordings are posted on the internet, they may be downloaded by any computer user and may be accessible worldwide. Therefore, I agree to release and discharge the Photographer and Out There Yoga from any claims, liabilities, demands, actions, causes of action, costs, and expenses arising out of the use of my likeness, image, and voice, including but not limited to claims for defamation, invasion of privacy, or infringement of publicity rights.
I have read and understood this release and am fully informed about its contents. I am of legal age and have the right to enter into this agreement. I agree to the terms outlined herein willingly and without duress.