AGREEMENT TO ASSUME ALL RISKS; RELEASE OF LIABILITY/ AGREEMENT NOT TO SUE & INDEMNIFICATION AGREEMENT
Please read this contract carefully. It releases Samsara Mountain Experience from liability and waives certain rights.
In consideration of services provided to me by Samsara Mountain Experience, LLC (“Samsara”) I, the Participant, understand, acknowledge, and contractually agree as set forth below (the Agreement):
1. Acknowledgement of Dangers and Risks: I understand, acknowledge, and agree that participating in bodyweight strength fitness instruction with Samsara (hereinafter the “Activity”), can be hazardous and involve the risk of physical injury or, in extreme cases, death. I understand, acknowledge, and agree that participating in the Activity involves certain inherent dangers and risks that cannot be eliminated or controlled by Samsara. The following list of dangers and risks that could cause physical or emotional injury or death is not exhaustive – I understand that there are many other dangers or risks associated with the Activity not listed below: injury associated with use of a stability ball; overstretching or over-exertion; failure to understand or properly follow instructions; malfunctioning or failing stability ball; slipping, tripping, or falling; and instructor error or failure of judgment. I understand that Samsara has done its best to list the known risks of participating in the Activity, but agree that I have the right, obligation, and opportunity to research and verify the inherent and non-inherent risks of participating in the Activity before doing so.
2. Assumption of Risk: I acknowledge and agree that I am choosing to take part in the Activity despite the dangers and risks of doing so, and freely choose to accept the risks of participating in the Activity. I recognize that property loss, physical or emotional injury, and death are all possible while participating in the Activity. I expressly acknowledge and assume all risks, dangers, and consequences of the Activity, including but not limited to those risks, dangers, and consequences set forth in paragraph 1 above, that may result in physical or emotional injury, property damage, or death.
3. Participant’s Responsibilities and Representations: I represent that I am physically and mentally capable of participating in the Activity. I understand the importance of all instructions given to me, and agree to follow all instructions at all times while engaging in the Activity. I am not relying on any prior oral, written, or visual representations made by Samsara, including in any website or promotional materials, to induce me to participate in the Activity. With all of the foregoing in mind, I assume full responsibility for my own safety.
4. Release of Liability and Agreement Not to Sue: Fully understanding the foregoing paragraphs, and in exchange for Samsara’ agreement to allow me to participate in the Activity, I HEREBY AGREE NOT TO SUE Samsara Mountain Experience, LLC, its affiliated companies and subsidiaries, or any of their respective successors in interest, affiliated organizations and companies, insurance carriers, principals, members, agents, employees, representatives, contractors, assignees, officers, directors, and shareholders (each hereinafter a “Released Party”) for any property damage (including but not limited to equipment damage), injury or loss to me, including death, which I may suffer, arising in whole or in part out of my participation in the Activity. By signing this Agreement Not to Sue, I am releasing any right to make a claim or file a lawsuit against any Released Party. I agree to hold harmless and release each and every Released Party from any and all liability and/or claims or causes of action for injury or death to persons or damage to property arising from my participation in the Activity, INCLUDING, BUT NOT LIMITED TO THOSE CLAIMS BASED ON ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE or breach of any contract and/or express or implied warranty.
5. Agreement to Indemnify: I agree to INDEMNIFY (REIMBURSE) each Released Party from and for any and all claims of the Undersigned and/or a third party arising in whole or in part from my participation in the Activity. In other words, if I and/or anyone on my behalf files any lawsuit or brings any claim for injury or damage against released parties, undersigned will be required to pay back to the released parties all sums of money incurred by, or paid by or on behalf of any of the released parties on account of the bringing of such suit or claim, including all attorneys fees and costs.
6. Representation of Capacity to Contract, and Acknowledgement That Agreement is a Binding Contract: I represent that I am at least 18 years of age, and that I have the capacity to understand and be bound by all of the provisions of this Agreement. I understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. It is my intent that this Agreement shall be binding upon my assignees, subrogors, distributors, heirs, next of kin, executors, and personal representatives.
7. Selection of Forum: I agree that any and all claims for injury and/or death arising from my participation in the Activity shall be governed by Wyoming law,and that the exclusive jurisdiction for any claim shall be in the Teton County, Wyoming District Court, without regard to any jurisdiction’s choice of laws analysis.
8. Miscellaneous Provisions: If any sentence, clause, paragraph or part of this agreement is declared unenforceable, the remainder shall continue in full force and effect. This agreement can be modified only in writing. An electronic signature or acknowledgment of agreement upon this contract is fully binding and enforceable, and a copy of this executed agreement may be used as if it is the original.
I HAVE CAREFULLY READ THE FOREGOING AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING CERTAIN LEGAL RIGHTS THAT I OTHERWISE MAY HAVE. I AGREE TO BE FULLY BOUND BY THE TERMS OF THIS AGREEMENT.