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Liability waiver
COMMON ROOTS, LLC
PARTICIPANT RELEASE AND WAIVER OF LIABILITY

1. I understand that I am voluntarily participating in the yoga classes, private instruction, workshop or similar event offered by Common Roots, LLC. I recognize that yoga requires physical exertion which may be strenuous and may cause physical injury, and I am fully aware of the risks and hazards involved.
2. I understand that it is my responsibility to consult with a physician prior to and regarding my participation in the program I have selected and that a certain minimum level of physical health, fitness, flexibility and strength is required. I represent and warrant that I possess the level of physical health, fitness, flexibility and strength necessary for participation. I also represent and warrant that I have no medical condition which would prevent my participation in the program I have selected.
3. In consideration of being permitted to participate in the yoga classes, private instruction, workshop or similar event offered by Common Roots, LLC, I agree to assume full responsibility for any risks, injuries, or damages, known or unknown, which I might incur as a result of participating in the program I have selected.
4. In further consideration of being permitted to participate in the yoga classes, private instruction, workshop or similar event offered by Common Roots, LLC, I knowingly, voluntarily and expressly release, hold harmless and will indemnify Common Roots, LLC for any loss, cost, injury, or damages that I may sustain as a result of participating in the program.
5. This release and waiver is binding upon me and my heirs, or legal representatives’ on behalf of whom I forever release, waive, discharge and covenant not to sue Common Roots, LLC for any injury or death caused by participation in the program.
6. I have read the above release and waiver of liability and fully understand its contents. I voluntarily agree to the terms and conditions stated above.

________________________________________________________

COMMON ROOTS, LLC, (“Common Roots”) a New Hampshire limited liability company rents: surfboards, beach chairs, coolers, and picnic blankets (“Rental Equipment”) to Participants for use at the beaches located in and around Rye New Hampshire.

Express Assumption of Risk
I do hereby affirm and acknowledge that I, and any user I allow to use any Rental Equipment, have been fully informed of the inherent dangers and risks associated with using a surf board or any other Rental Equipment near or in the water provided by Common Roots. Inherently dangerous risks include but are not limited to:
1. Possible risks associated with exposure to water such as hypothermia and drowning;
2. Possible Rental Equipment failure and/or malfunction of equipment;
3. Possible Participant negligence and/or the negligence of others*;
*I understand the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death.

Release of Liability, Waiver of Claims and Indemnity Agreement

In consideration of being permitted to use Rental Equipment described above and related activities, I hereby
agree, and acknowledge by initialing on each line provided, that:
• I (“I” and “Me” collectively includes Participant, any minor child(ren), family member or group participant(s) with me). I HEREBY ASSUME ALL RISKS, AND RELEASE, INDEMNIFY, HOLD HARMLESS AND AGREE NOT TO SUE Common Roots, its owners, officers, directors, agents, representatives, independent contractors, employees and volunteers, and the owner(s) of the property upon which the activities are conducted (“Released Parties”) WITH RESPECT TO ANY AND ALL LOSS, COST, INJURY, DISABILITY, DEATH, OR DAMAGE TO PERSON OR PROPERTY, FROM ANY CAUSE WHATSOEVER INCLUDING WITHOUT LIMITATION THE ACTION OR INACTION OF THE RELEASED PARTIES arising from my use of Rental Equipment.
• I accept sole responsibility for any loss, cost or expense that may be incurred for any illness, injury or death resulting associated with my Rental Equipment, including the costs of evacuation, hospitalization, and medical treatment and any sums payable to anyone by reason of any injury or death resulting from my participation in the activities associated with my rental equipment.
• I, my minor child, family and/or group are physically able to safely complete the activities associated with my Rental Equipment. My use of any Rental Equipment is purely voluntary, no one is forcing me to use any Rental Equipment, and I have elected to rent with full knowledge and assumption of liability for the risks. I am not currently under the influence of alcohol, illegal drugs, or impairing legal drugs.

• I am aware that the Released Parties require strict adherence to its standards of safety and conduct. I agree to fully abide by these standards and am subject to dismissal for refusing to adhere to them.

• This release shall be binding to the fullest extent permitted by law against me, my family and spouse if I am alive, and my heirs, assigns and personal representative and those of any other user of the Rental Equipment, and shall be deemed as a Release, Waiver, Discharge and Covenant Not to Sue the above named Released Parties. If any provision of this release is found to be unenforceable, the remaining terms shall be enforceable.
• If I am renting a surf board for use, I am at least sixteen (16) years of age with a guardian present, or I am at least twenty-one (21) years of age. Regardless of age, I acknowledge that while using a surf board I will wear the provided leash while entering into, exiting, or while in any water. I also acknowledge that I will follow any applicable rule of the beach or order from any official.
• This document is binding upon me and my estate, agents, representatives, survivors, executors and/or assigns.

CAUTION!
DO NOT SIGN THIS RELEASE IF YOU DO NOT AGREE WITH OR DO NOT UNDERSTAND ITS TERMS

I understand that my use of Rental Equipment is voluntary. I have the right and will notify Common Roots if I choose to cancel my rental. I will not allow my family or other participants in my group to influence my decision whether to rent.
I HAVE READ THIS PARTICIPANT AGREEMENT, RELEASE AND ACKNOWLEDGEMENT OF RISK. I FULLY UNDERSTAND ITS TERMS, AND THAT I HAVE GIVEN UP LEGAL RIGHTS, AND I COMMIT IT FREELY AND VOLUNTARILY.

TOWN OF RYE RELEASE AND WAIVER OF LIABILITY

CAREFULLY READ EVERY LINE OF THIS RELEASE AND WAIVER OF LIABILITY. IT PREVENTS YOU FROM BRINGING LIABILITY CLAIMS AGAINST THE TOWN OF RYE AND ITS OFFICIALS, EMPLOYEES, AGENTS, VOLUNTEERS AND REPRESENTATIVES.
The Town of Rye has issued permits for businesses to rent or issue recreational and water sports equipment, including but not limited to surfboards, paddle boards, paddles, boogie boards, wetsuits, and leashes, and to provide related lessons, group activities and
learning camps on or about Town beaches and in the ocean. These are risky and dangerous activities for which the Town of Rye shall have no liability.
In consideration of renting, borrowing or using recreational and water sports equipment, and/or participating in related classes, lessons, group activities or camps, the undersigned:
1. Releases, waives, discharges, covenants not to sue, indemnifies and holds harmless the Town of Rye, its officials, employees, agents, volunteers and representatives (hereinafter “Releasees”) from any and all liability to the undersigned, and his/her representatives, heirs, and successors in interest (hereinafter “undersigned”) for any and all loss, injury, illness or damage, and any claim or demands therefore on account of death, injury or illness of the undersigned or damage to the property of the undersigned whether caused by the negligence of the Releasees or otherwise, arising from or related to the undersigned’s possession, handling or use of rented or borrowed recreational and water sports equipment and/or undersigned’s participation in any related classes, lessons, group activities or learning camps.
2. Assumes full responsibility for all risks of bodily injury, personal injury or property damage, including but not limited to death, paralysis, brain injury, heart attack, cardiovascular injury, stroke, aneurysm, broken bones, torn tendons or ligaments, torn muscles, spinal injury, damage to organs, disease, infection, emotional distress, illness, and any other physical or emotional injury, medical or psychiatric condition or complication of any kind whatsoever, due to any cause, including the negligence of Releasees or otherwise, arising from or related to the undersigned’s possession, handling or use of rented or borrowed recreational and water sports equipment and/or undersigned’s participation in any related classes, lessons, group activities or learning camps.
3. Represents and warrants: (a) that he/she acknowledges that possession, handling and use of rented or borrowed recreational and water sports equipment and/or participation in any related classes, lessons, group activities or learning camps, like any form of strenuous recreational or water sports activity, involves the risk of serious bodily and psychiatric injury, death and property damage; (b) that some of the risks of harm include, but are not limited to, intense physical activity, exhaustion, dehydration, heat stroke, sunburn, lifting or controlling the equipment, inexperience, lack of skill, inadequate instruction, negligent permitting, regulation, supervision, control, response, prevention or oversight, slippery surfaces, obstacles which might cause trip and falls, pre-existing health problems, carelessness and negligence of Releasees, equipment failures, design defects, adverse weather conditions, dangerous wind and water conditions, lightning, rip currents, the equipment itself, other persons swimming and using water sports equipment, boats, marine life, the ocean floor, rocks and any other risk of harm whatsoever that one might encounter in relation to possessing, handling or using recreational and water sports equipment at the beach and in the ocean and/or participation in any related classes, lessons, group activities or learning camps; (c) that he/she has read every line of this Release and Waiver of Liability carefully and had an opportunity to review it with legal counsel; and (d) that he/she is in good health and has no preclusive medical condition.

 

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I agree to the Common Roots Yoga liability waiver

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