General terms of Iyengar Yoga Kauai - Waiver
WAIVER AND RELEASE OF LIABILITY FORM
In consideration of the risk of injury while participating in an Iyengar Yoga Class (the “Activity”), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administratiors, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity and do hereby release and forever discharge Iyengar Yoga Kauai at Kaimana Hale E, LLC, located at 3424A Poipu Rd., Koloa, HI 96756, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY.
I agree to indemnify and hold harmless Iyengar Yoga Kauai at Kaimana Hale E, LLC, against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Iyengar Yoga Kauai at Kaimana Hale E, LLC, incurs any of these types of expenses, I agree to reimburse Iyengar Yoga Kauai at Kaimana Hale E, LLC.
I acknowledge that Iyengar Yoga Kauai at Kaimana Hale E, LLC, and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Iyengar Yoga Kauai at Kaimana Hale E, LLC.
I acknowledge that this Activity may involve a test of a person’s physical and mental limits and may carry with it the potential for serious injury, property loss, or death. The risks may include, but are not limited to, those cauased by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including bt not limited to, participants, volunteers, spectators, or prodcers of the event.
WAIVER AND RELEASE OF LIABILITY
READ CAREFULLY – THIS AFFECTS YOUR LEGAL RIGHTS
In exchange for participation in the activity of an Iyengar Yoga Class, workshop or private one-on-one theraputic session, organized by Iyengar Yoga Kauai at Kaimana Hale E, LLC, located at 3424A Poipu Rd., Koloa, HI 96756, and or use of the property, facilities and services of Iyengar Yoga Kauai at Kaimana Hale E, LLC,
Agree for myself and (if appliciable) for the members of my family, to the following:
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to obsere and obey all posted rules and warnings, and further agree to follow any oral instrucions or directions given by Iyengar Yoga Kauai at Kaimana Hale E, LLC, or the employees, representatives, volunteers, or agents of Iyengar Yoga Kauai at Kaimana Hale E, LLC.
2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Iyengar Yoga Kauai at Kaimana Hale E, LLC for injury, loss or damage arising out of my or my family’s use of or presence upon the facilities of Iyengar Yoga Kauai at Kaimana Hale E, LLC, whether caused by the fault of myself, my family, Iyengar Yoga Kauai at Kaimana Hale E, LLC, or other third parties.
3.INDEMNIFICATION. I agree to indemnify and defend Iyengar Yoga Kauai at Kaimana Hale E, LLC against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family’s use of or presence upon the facilities of Iyengar Yoga Kauai at Kaimana Hale E, LLC.
4. FEES. I agree to pay for all damages to the facilities of Iyengar Yoga Kauai at Kaimana Hale E, LLC caused by any negligent, reckless or willful actions by me, or my family.
5. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resoled under Hawaii law.
6. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Iyengar Yoga Kauai at Kaimana Hale E, LLC has offered to refund any fees I have paid to use its facility if I choose not to sign this Agreement before participating in any activities at or with Iyengar Yoga Kauai at Kaimana Hale E, LLC.
7. ARM’S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm’s length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
8. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
9. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiation amongst the Parties. If the matter is not resolved by negotiation, the Parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator’s award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY AGREEING TO THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.
In consideration of the risk of injury while participating in an Iyengar Yoga Class (the “Activity”), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administratiors, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity and do hereby release and forever discharge Iyengar Yoga Kauai at Kaimana Hale E, LLC, located at 3424A Poipu Rd., Koloa, HI 96756, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY.
I agree to indemnify and hold harmless Iyengar Yoga Kauai at Kaimana Hale E, LLC, against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Iyengar Yoga Kauai at Kaimana Hale E, LLC, incurs any of these types of expenses, I agree to reimburse Iyengar Yoga Kauai at Kaimana Hale E, LLC.
I acknowledge that Iyengar Yoga Kauai at Kaimana Hale E, LLC, and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Iyengar Yoga Kauai at Kaimana Hale E, LLC.
I acknowledge that this Activity may involve a test of a person’s physical and mental limits and may carry with it the potential for serious injury, property loss, or death. The risks may include, but are not limited to, those cauased by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including bt not limited to, participants, volunteers, spectators, or prodcers of the event.
WAIVER AND RELEASE OF LIABILITY
READ CAREFULLY – THIS AFFECTS YOUR LEGAL RIGHTS
In exchange for participation in the activity of an Iyengar Yoga Class, workshop or private one-on-one theraputic session, organized by Iyengar Yoga Kauai at Kaimana Hale E, LLC, located at 3424A Poipu Rd., Koloa, HI 96756, and or use of the property, facilities and services of Iyengar Yoga Kauai at Kaimana Hale E, LLC,
Agree for myself and (if appliciable) for the members of my family, to the following:
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to obsere and obey all posted rules and warnings, and further agree to follow any oral instrucions or directions given by Iyengar Yoga Kauai at Kaimana Hale E, LLC, or the employees, representatives, volunteers, or agents of Iyengar Yoga Kauai at Kaimana Hale E, LLC.
2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Iyengar Yoga Kauai at Kaimana Hale E, LLC for injury, loss or damage arising out of my or my family’s use of or presence upon the facilities of Iyengar Yoga Kauai at Kaimana Hale E, LLC, whether caused by the fault of myself, my family, Iyengar Yoga Kauai at Kaimana Hale E, LLC, or other third parties.
3.INDEMNIFICATION. I agree to indemnify and defend Iyengar Yoga Kauai at Kaimana Hale E, LLC against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family’s use of or presence upon the facilities of Iyengar Yoga Kauai at Kaimana Hale E, LLC.
4. FEES. I agree to pay for all damages to the facilities of Iyengar Yoga Kauai at Kaimana Hale E, LLC caused by any negligent, reckless or willful actions by me, or my family.
5. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resoled under Hawaii law.
6. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Iyengar Yoga Kauai at Kaimana Hale E, LLC has offered to refund any fees I have paid to use its facility if I choose not to sign this Agreement before participating in any activities at or with Iyengar Yoga Kauai at Kaimana Hale E, LLC.
7. ARM’S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm’s length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
8. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
9. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiation amongst the Parties. If the matter is not resolved by negotiation, the Parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator’s award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY AGREEING TO THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.