READ CAREFULLY – THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS
I enter into this release and waiver of liability in connection with being on site at any Project Stretch, LLC (“Haven, A Space To Be Well”) event, class, or location and/or with my participation in any digital/virtual offering by Haven, A Space To Be Well. I agree to the following:
I agree that this release and waiver of liability applies with regard to any digital, virtual, livestreaming, or on-demand event, class, training or from my being on the premises of any facility or area operated by Haven, A Space To Be Well. This release applies to Haven, A Space To Be Well, class offerings, training sessions, workshops, cold plunging, or any other fitness/wellness activity at Haven, A Space To Be Well or offered by Haven, A Space To Be Well online (collectively, the “Activities” or “Activity”). This release and waiver equally applies to my entering or exiting any facility operated by Haven, A Space To Be Well and whether my participation in the Activities occurs at a Haven, A Space To Be Well facility, another location (in-person), or at a virtual event/class/training.
I assume all risks associated with me being on, entering, or exiting a Haven, A Space To Be Well premises and with participating in any Haven, A Space To Be Well Activity. Those risks include but are not limited to injuries from slipping or tripping; falling; from participating in any social event provided on-site, from equipment, the building’s structure, other individuals on-site, from any interaction with a Haven, A Space To Be Well staff member or instructor; from an allergic or chemical reaction to any agent and/or cleaner on-site; or from the contraction of any illness, disease, condition, or infection. I acknowledge that these injuries could be mental, emotional, or physical and that they could be minor or significant (and could include death).
I understand that the Activities may involve the use of weights or other equipment. I represent and warrant that I am physically fit and have no medical condition or medical history which would prevent my full participation in the Activities. It is my responsibility to consult with a physician prior to and regarding my participation in Haven, A Space To Be Well Activities. I am fully aware of the risks and hazards involved even if I take/participate in the events/classes from my home or from another non-Haven, A Space To Be Well facility.
I understand that it is my responsibility to consult a physician regarding my participation in yoga, fitness training activities, workshops, classes or any exercise or nutrition programs in any way associated with Haven, A Space To Be Well. I understand that if I am suffering from any medical condition, it is my responsibility to inform a Haven, A Space To Be Well instructor or staff member before participating in any class, event, workshop, or cold plunge guiding.
I agree not to hold Haven, A Space To Be Well responsible for any injury, illness, allergic reaction, or lack of results from fitness classes or diet/nutrition recommendations offered by Haven, A Space To Be Well instructors, staff, representatives, or third-parties affiliated with Haven, A Space To Be Well whether or not the advice is provided at a Haven, A Space To Be Well facility.
I understand that the Activities involve touch for the purpose of adjusting posture and that I may decline that teaching/coaching technique at any time. I understand that neither Haven, A Space To Be Well nor any Haven, A Space To Be Well building’s landlord or owner is responsible for any loss of personal property.
I understand that, except to request a monetary refund, I have no claim against Haven, A Space To Be Well, any Haven, A Space To Be Well building’s landlord, or the building’s owner by reason of their refusal to allow me to participate in any class or event at this location.
In consideration of my participation in Haven, A Space To Be Well Activities and/or use of the Haven, A Space To Be Well facilities, I understand and voluntarily accept these risks and agree to not hold Haven, A Space To Be Well, its landlord, or its building’s owner liable for any injury or claim which arises from my participation in such classes, Activities, events, the use of these facilities or from any risk or situation described in this document whether related to exercise or not.
Accordingly, I do hereby forever release and discharge Haven, A Space To Be Well, its building’s landlord and owner, all Haven, A Space To Be Well members, executives, employees, successors and/or agents from any and all claims or causes of action to the fullest extent allowable by law.
In further consideration of electing to participate in these Activities and for being on these premises, I knowingly, voluntarily, and expressly waive any claim I may have against Haven, A Space To Be Well, its instructors/trainers, this building’s landlord and owner, all Haven, A Space To Be Well members, executives, employees, successors and/or agents for injury or damages that I may sustain from being on these premises.
The validity, enforcement, construction, and interpretation of this agreement shall be governed by Texas law. Any action or proceeding arising in connection with this agreement and/or with the undersigned’s participation in any class or event with Haven, A Space To Be Well or from being on its premises or against Haven, A Space To Be Well in any respect, can only be brought in Dallas County, Texas, All parties to this agreement waive any objection to the jurisdiction of these courts whether based on convenience or otherwise.
If any portion of this release shall be deemed by a court of competent jurisdiction to be invalid for any reason, the remainder of the release shall remain in full force and effect. By signing this release, I acknowledge that I understand its contents and that this release cannot be orally modified. I voluntarily agree to the terms and conditions stated above