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Liability waiver
WAIVER AND RELEASE OF LIABILITY

In consideration of Release Well-Being Center, Inc., located at 201/203 Turnpike
Road, Westborough, Massachusetts 01581 (hereinafter Release Well-Being),
allowing me to participate in group fitness, yoga, and/or spa, whether it be live
and in person, or via links to a live stream recording of classes, or via a library of
previously recorded live stream classes, through the Release Well-Being portal
on its website (hereinafter collectively the "Activity"), and as consideration for the
right to participate in the Activity, I hereby knowingly and voluntarily agree, for
myself, my heirs, executors, administrators, assigns, or personal representatives,
to enter into this waiver and release of liability agreement and hereby waive any
and all rights, claims or causes of action of any kind whatsoever against Release
Well-Being I may have now, or may have in the future, arising out of my
participation in the Activity, and do hereby release and forever discharge Release
Well-Being, their affiliates, managers, members, agents, attorneys, staff,
volunteers, heirs, representatives, predecessors, successors and assigns, from
any and all claims due to any and all physical or psychological injuries, 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 any event related to said 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, AND FULLY UNDERSTAND THAT THERE ARE RISKS ASSOCIATED WITH MY PARTICIPATION IN SAID ACTIVITY, INCLUDING THOSE ASSOCIATED WITH TRAVELING TO AND FROM EVENTS ASSOCIATED WITH SAID 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, INCLUDING RELEASE WELL-BEING, MY OWN HEALTH CONDITIONS AND LIMITATIONS, WEATHER OR OTHER
CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY
LOCATION(S). I AM ALSO AWARE AND FULLY UNDERSTAND THAT ALL
RISKS ARE NOT APPARENT, KNOWABLE OR FORSEEABLE. NONETHELESS, I ASSUME ALL RELATED RISKS OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY, BOTH KNOWN OR UNKNOWN TO ME AND/OR RELEASE WELL- BEING, THEIR AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS.

I promise not to bring any claims, lawsuits, or other actions which seek to hold
Release Well-Being liable or responsible for any costs, damages or losses of any
kind and further agree to indemnify and hold harmless Release Well-Being
against any and all claims, suits or actions of any kind whatsoever brought by me
or anyone on my behalf for liability, damages, compensation or otherwise,
including attorney's fees and any related costs of litigation arising out of the
pursuit of any claims. Furthermore, I agree to reimburse Release Well-Being for
any expenses and or costs it may incur in defending any such claim, including
but not limited to attorney fees and litigation related costs.


I further agree to indemnify and hold harmless Release Well-Being against any
and all claims, suits or actions of any kind whatsoever brought by anyone who
has not signed their own Waiver and Release of Liability, Assumption of the Risk
and Indemnity Agreement, that I have allowed to engage in the Activity, with or
without me, through my account with Release Well-being, via its links to a live
stream recording of classes, or via its library of previously recorded live stream
classes, through the Release Well-Being portal on its website. I agree to
indemnify and hold harmless Release Well-Being from any and all liability,
damages, compensation or otherwise, including attorney's fees and any related
costs of litigation arising out of the pursuit of any such claims. Furthermore, I
agree to reimburse Release Well-Being for any expenses and or costs it may
incur in defending any such claim, including but not limited to attorney fees and
litigation related costs.


I acknowledge that Release Well-Being and its 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 Release Well-Being. 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 death, serious injury, and property loss. The risks may include, but are not limited
to, those caused by terrain, facilities, temperature, weather, lack of hydration,
condition of participants, equipment, vehicular traffic and actions of others,
including but not limited to, participants, volunteers, spectators, coaches, event
officials, event monitors, Release Well-Being, and/or producers of the event.


I acknowledge that I will not bring alcohol or illegal substances onto the premises
unless lawfully sanctioned by Release Well-Being in conjunction with an event.
Should my behavior or the behavior of any member of the party with whom I am
associated be deemed to have violated this policy by a staff member of the
Release Well-Being at his/her sole discretion, I agree to leave the facility
immediately without disruption or challenge and agree to be held responsible for
any and all charges, costs, or fees associated with scheduled services. I also
acknowledge that Release Well-Being will not be held liable or responsible, legally or otherwise, for any injuries or damages incurred as a result of alcohol usage, including but not limited to any injuries or damages arising out of transit to or from the Activity.

I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND
RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.
I EXPRESSLY AGREE TO RELEASE AND DISCHARGE RELEASE WELL-
BEING AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS,
ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES,
PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL
CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP
OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL
ACTION AGAINST RELEASE WELL-BEING FOR PERSONAL INJURY OR
PROPERTY DAMAGE.


To the extent that statute or case law does not prohibit releases for negligence,
this release is also for negligence on the part of Release Well-Being, its agents
and employees.


In the event that I should require medical care or treatment, I agree to be
financially responsible for any costs incurred as a result of such treatment. I am
aware and understand that I should carry my own health insurance.


In the event that any damage to equipment or facilities occurs as a result of my
or my family's willful or negligent actions, or due to my or my family’s neglect or
recklessness, I agree to be held personally and solely liable for any and all costs
or expenses associated with the same.


I further acknowledge that I am voluntarily participating in the above referenced
activities with the full knowledge and understanding that said activities are taking
place during the COVID-19 pandemic. I understand that while Release Well-
Being, its employees and contractors will abide by all local, state, and federal
government laws and guidelines, as well as CDC guidelines, in an attempt to
keep employees and guests safe, that I assume ALL risks associated with
participation in said activities during said pandemic, including but not limited to:
any illness and any adverse physical and/or psychological effects from the same
and/or loss of any income or other monetary loss incurred as a result of the
effects of said illness and/or costs incurred in the treatment of the same. I accept
full and total responsibility for my own health and agree to release, hold harmless, and indemnify, to the extent permitted by law, Release Well-Being, its
employees and contractors from any liability for any illness, injury, loss or
damages I many incur as a result of contracting COVID-19 as a result of
engaging in said above referenced activities.


This Agreement was entered into at arm's-length, without duress or coercion, and
is to be interpreted as an agreement between two parties of equal bargaining
strength. Both the Participant,, and Release Well-Being Center, agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.

In the event that any provision contained within this Release of Liability shall be
deemed to be severable or invalid, or if any term, condition, phrase or portion of
this agreement shall be determined to be unlawful or otherwise unenforceable,
the remainder of this agreement shall remain in full force and effect, so long as
the clause severed does not affect the intent of the parties. If a court should find
that any provision of this agreement to be invalid or unenforceable, but that by
limiting said provision it would become valid and enforceable, then said provision
shall be deemed to be 'written, construed and enforced as so limited.


I, the undersigned participant, affirm that I am 18 years old or older, and that I am freely signing this agreement. I certify that I have read this agreement, that I fully understand its content and that this release cannot be modified orally. I am
aware that this is a release of liability and a contract and that I am signing it of my own free will.


PARENT / GUARDIAN WAIVER FOR MINORS
In the event that the participant is under the age of consent (18 years of age),
then this release must be signed by a parent or guardian, as follows:


I hereby certify that I am the parent or guardian of ________________, named
above, and do hereby give my consent without reservation to the foregoing on
behalf of this individual. 

I agree with the above terms.

 
 
 
 
 
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I agree to the Release Well-Being Center liability waiver

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