I hereby agree to the following:
(a) I am voluntarily participating in yoga, movement classes, wellness programs, workshops, and/or other wellness, bodywork, therapy, exercise, and healing arts activities (collectively, the "Activities") offered by Happy Blue Marble, in various locations and online. All offerings shall be considered "Activities" under this Agreement.
(b) I acknowledge that I am of adequate physical and mental health to participate in the Activities. I understand that the Activities may involve physical movement, stretching, and exercises that require exertion. I represent and warrant that I am physically fit to participate, and I have no medical condition that would prevent my full participation in the Activities. I understand that it is my responsibility to consult a physician prior to participating in the Activities, particularly if I have any physical limitations, pre-existing conditions, or known risk factors.
(c) I understand that participation in the Activities may result in physical injury or could aggravate pre-existing injuries or conditions. I acknowledge my responsibility to know my own physical limitations and to stop or modify my participation in any Activity before becoming injured or aggravating a pre-existing condition.
(d) I understand that Happy Blue Marble reserves the right to refuse my participation in any Activity based on medical, fitness, or other safety grounds at its discretion.
(e) I acknowledge the contagious nature of communicable diseases, including COVID-19, and voluntarily assume the risk of exposure by participating in the Activities. I agree that Happy Blue Marble is not liable should I become exposed to any such diseases during my participation.
(f) Photo and Media Release: I consent to photographs and/or recordings being taken of me during my participation in the Activities. I authorize Happy Blue Marble to use such photographs or recordings for advertising, promotional, and marketing purposes without any compensation.
(g) In consideration of being permitted to participate in the Activities, I knowingly, voluntarily, and expressly waive any and all “Claims” I may have against Happy Blue Marble, including its owners, managers, teachers, instructors, workshop presenters, employees, independent contractors, and staff (each a “Released Party”). This waiver applies to any Claim I may sustain as a result of participating in the Activities, even if arising from the negligence of any Released Party or any other participant. I agree to indemnify and hold harmless each Released Party from any loss, cost, or liability incurred in defending any Claim made by me or anyone making a Claim on my behalf.
"Claim" includes, but is not limited to, any and all liabilities, claims, demands, expenses, legal actions, rights of action for damages, personal injury, mental suffering and distress, illness, or death that I or my spouse, children, or unborn child may suffer (including legal fees) in connection with (i) participation in any Activity; (ii) exposure to COVID-19 or other communicable diseases as a result of participating in any Activity (in person or online); or (iii) any loss, damage, or theft of my personal property.
(h) I, my heirs, or legal representatives forever release, waive, discharge, and covenant not to sue any Released Party for any Claim caused by any act or omission of a Released Party.
This Agreement shall be governed by the laws of the State of California. Any disputes arising from this Agreement shall be brought in a court of competent jurisdiction located in San Diego, California.
I acknowledge that I have carefully read this Agreement, fully understand its contents, and voluntarily agree to its terms. I am aware that by signing this Agreement, I am giving up substantial rights, including my right to sue and certain legal rights my heirs, next of kin, executors, administrators, and assigns may have against any Released Party.