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Dumbbells
hatha yoga

Jordan
MOORE

Certified Fitness Trainer & Personal Coach

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Use the Code STRONG

Waiver

A CHARITABLE FOUNDATION CORPORATION


RELEASE AND WAIVER OF LIABILITY, EXPRESS

ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT

(“WAIVER/RELEASE”)

THIS WAIVER/RELEASE IS A BINDING LEGAL CONTRACT. PLEASE READ IT CAREFULLY. BEFORE YOU PARTICIPATE IN THE INSTRUCTION, YOU MUST CERTIFY THAT YOU AGREE TO THE TERMS CONTAINED HEREIN:

PARTICIPANT’S BIRTH DATE:
Month
Day
Year

(if Participant under 18 years old)

(if Participant under 18 years old)

Are you
Kamaaina
Kamaaina Guest

Note that these classes are offered as a service for the local community. Visitors to the islands are encouraged to attend any of the other, many fine yoga studios on the island.

In consideration for receiving permission to participate in the fitness classes, yoga, and related activities (the “Instruction”) offered by A CHARITABLE FOUNDATION CORPORATION, a Nevada nonprofit corporation (the “Company”) at or around its premises currently located at 59-319 Alapio Road, Haleiwa, HI 96712 (the “Studio”), the Participant listed above hereby understands, affirms, acknowledges, and agrees to the following:

1. Nature of Physical Injuries.

The Participant understands and acknowledges the following:

a.The participation in the Instruction carries inherent risks that cannot be eliminated regardless of the care taken by the Company, the Company’s directors, officers, owners, members, agents, representatives, employees, coordinators, and volunteer staff (the “Company Representatives”), the owner of the Studio, THE MARY GREEN FAMILY LLC (“MGF LLC”), and its members, managers, agents, representatives, employees, coordinators, and volunteer staff (“MGF Representatives”) to avoid injury, illness, or even death. Common risks include, but are not limited to: (i) muscle pain and pulls; (ii) broken bones; (iii) dehydration; (iv) ankle, wrist and neck injuries; (v) scratches, blisters, bruising and ingrown toenails; and (vi) impact injuries caused by falling over, bumping into other participants, the Company Representatives, or the MGF Representatives, or tripping, slipping or falling in or around the Studio or during the Instruction.


b.The participation in the Instruction may require a great level of physical exertion on the Participant's part and therefore participation in the Instruction involves an inherent risk of physical injury or death. The risks range from (i) minor injuries such as scratches, bruises, and sprains, (ii) major injuries such as eye injuries or loss of sight, joint or back injuries, heart attacks, and concussions, to (iii) catastrophic injuries including paralysis or death.

2. Assumption of Risk.


a.The Participant acknowledges that in participating in the Instruction there is a possibility of physical injury and, in rare circumstances, death. The Participant recognizes that there may be risks and hazards unknown to the Participant connected with being in or around the Studio and/or participating in the Instruction.


b.The Participant voluntarily agrees to assume all of the foregoing risks and accept sole responsibility for any injury, illness, death, damage, loss, claim, liability, or expense, of any kind, that the Participant may experience or incur while participating in the Instruction, while in or around the common areas of or the areas surrounding the Studio, while in transit to or from the Studio, or in any place or places connected with the Company or the Company Representatives (“Claims”).

3. Personal Property.


The Participant understands that the Company, MGF, the Company Representatives, and MGF Representatives are not responsible for any personal property, including the Participant’s automobile or items therein, that is lost, damaged or stolen while the Participant is in or around the Studio.

4. Medical Condition, Consent to Treatment, and Health Insurance.


a.The Participant represents that he or she is physically fit to participate in the Instruction and has no medical condition that would prevent his or her safe participation. If the Participant has any medical conditions or concerns, he or she has consulted with a healthcare provider and obtained clearance to participate.


b.The Participant consents to receive any necessary medical treatment resulting from participation in the Instruction and agrees to bear all costs associated with such treatment.


c.The Participant acknowledges and agrees that it is the Participant's responsibility to maintain his or her own accident and health insurance coverage that provides adequate coverage when participating in the Instruction and that the Company does not provide accident or health insurance for those participating in its Instruction.

5. Release of Liability.


a.The Participant hereby releases, covenants not to sue, discharges, and holds harmless the Company, the Company Representatives, MGF LLC, and the MGF Representatives (the “Released Parties”) from any and all Claims, including, but not limited to, from all liabilities, claims, actions, damages, attorney’s fees, costs or expenses of any kind arising out of or relating thereto, that may be sustained by the Participant or to any property belonging to the Participant.


b.The Participant understands and agrees that this release includes any Claims based on the ACTIONS, OMISSIONS, OR NEGLIGENCE of the Released Parties, whether a physical injury occurs before, during, or after visiting the Studio and/or participating in the Instruction.

c.It is the Participant's express intent that this Waiver/Release: (a) must bind (i) the members of the Participant's family and spouse, if the Participant is alive, and (ii) the Participant's heirs, assigns and personal representative, if the Participant is deceased; and (b) must be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above named Released Parties.

d.The Participant has read this Waiver/Release. The Participant understands all of the terms used in this Waiver/Release and their legal significance. THE PARTICIPANT REALIZES THAT THE PARTICIPANT IS GIVING UP SUBSTANTIAL RIGHTS BY SIGNING THIS WAIVER/RELEASE, INCLUDING THE RIGHT TO SUE RELEASED PARTIES.


e.The Participant signs this Waiver/Release voluntarily, as his or her own free act and deed, without any inducement. The Participant signs this Waiver/Release with the understanding that he or she knowingly gives up the right to legal recourse against each of the Released Parties, in return for the Company allowing him or her to visit the Studio and/or participate in the Instruction.

f.No person has made to me any oral representation, statements or inducements, apart from the explicit written terms of this Waiver/Release.

g.I execute this Waiver/Release for full, adequate, and complete consideration, fully intending to be bound by same.

6. Miscellaneous.


a.The laws of the State of Hawaii govern the rights and obligations of the parties to this Waiver/Release and the interpretation, construction and enforceability thereof (without regard to otherwise applicable conflict of law principles). Participant agrees that any lawsuit brought against any of the Released Parties must be brought solely and exclusively in the State of Hawaii.


b.This Waiver/Release has no expiration or termination date.


c.The headings of Sections in this Waiver/Release are provided for convenience only and will not affect its construction or interpretation.


d.The signatory is at least eighteen (18) years of age and is fully competent.


e.The Participant is medically and physically capable of participating in the Instruction and there are no medical or physical conditions of which the Released Parties should be aware.

The Participant intends his or her signature to bind not only himself or herself but also his or her successors, heirs, next of kin, administrators, and assignees. THE PARTICIPANT INTENDS HIS OR HER SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. WITHOUT LIMITING THE GENERAL SCOPE OF THE PRECEDING SENTENCE, THE PARTICIPANT EXPRESSLY AGREES THAT THIS WAIVER/RELEASE IS INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY THE LAWS OF THE STATE OF HAWAII, AND THAT IF ANY PORTION HEREIN IS HELD TO BE INVALID OR UNENFORCEABLE, THE BALANCE SHALL CONTINUE IN FULL LEGAL FORCE AND EFFECT.

Date
Month
Day
Year
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(or parent/guardian, if under 18 years old)

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