I have read this Release and Waiver of Liability (this “Release”) and hereby agree to the following:
I acknowledge that any event/activity I participate in may being photographed, videotaped, live-streamed, and/or otherwise recorded by Flourish Ojai and any partner organization involved in hosting. I understand that if I don’t want to be recorded or photographed, it is my sole responsibility to avoid any audio/video portion of any event/activity.
I am now, or in the future will be, participating in person or online in classes, workshops, retreats, community gatherings such as contemplative practices, movement classes, health and wellness programs, lectures, musical performances, events, and other activities (collectively, the “Activities”) offered by Flourish Ojai, LLC, a California limited liability company (“Flourish”), and/or its affiliates, owners, teachers, workshop presenters, employees, or independent contractors (collectively, the “Presenters”).
I understand that the Activities provided by Flourish are not a substitute for and do not replace professional medical advice, diagnosis or treatment. If you have any questions or concerns about your health, you should always consult with a physician or other health-care professional. The Activities are not intended to be, and must not be taken to be, the practice of medicine by Flourish or its Presenters. Flourish is not a licensed medical care provider and has no expertise in diagnosing, examining or treating medical conditions of any kind or in determining the effect of any of the Activities on a medical condition.
I represent and warrant that I am in appropriate physical and mental health to participate in the Activities. I am aware and understand that the Activities may aggravate a pre-existing medical condition. I understand that it is my responsibility to consult with a physician before my participation in the Activities. I understand that Flourish reserves the right to refuse my participation in any of the Activities on medical, fitness or any other grounds. I assume full responsibility for any risks, injuries or damages, known or unknown, which I might incur as a result of participating in the Activities, including those which may result from the negligence of Flourish or the Presenters.
In consideration of being permitted to participate in the Activities, I knowingly, voluntarily and expressly waive any “Claim” (as defined below) I may have at any time against Flourish or any of the Presenters as a result of my participation in the Activities even if the Claim arises from the negligence of Flourish, a Presenter or anyone else. I agree to indemnify and hold harmless Flourish and each Presenter from any loss, cost, or liability incurred in defending any Claim made by me or anyone making a Claim on my behalf, even if the Claim is alleged to, or did result from, the negligence of Flourish, a Presenter or anyone else. “Claim” includes any and all liabilities, claims, demands, expenses, fees (including any legal fees or expenses), legal actions, rights of actions for damages, personal injury, mental suffering and distress, or death that I may suffer, or my spouse, children or unborn child may suffer in connection with participation in any Activity. I, my heirs and legal representatives forever release, waive, discharge and covenant not to sue Flourish or any Presenter for any Claim caused by any negligence or other acts of Flourish or a Presenter.
I hereby understand that Flourish may, from time to time, photograph, film or otherwise record the Activities (the “Recordings”). I hereby acknowledge and agree that I shall have no right in or to the Recordings and that all such rights in and to the Recordings vest solely with Flourish. I agree that Flourish may exhibit, post, distribute, reproduce or use the Recordings in any manner and in any medium now known or hereinafter devised, throughout the universe, including, but not limited to, posting the Recordings on Flourish’s website and social media platforms. I also grant to Flourish a non-exclusive, perpetual license to use my likeness, image, photo and name as needed by Flourish to use the Recordings in any manner.
I acknowledge that I have been urged to avoid bringing valuables into the Activities facilities and that Flourish shall not be liable for the loss or theft of, or damage to my personal property including items left in the cubbies, bathrooms, or anywhere else in the facilities.
Flourish reserves the right to deny access without refund to any person Flourish or any Presenter deems to be acting in an inappropriate or unsafe manner.
This Release shall be construed and governed by the laws of the State of California and all actions relating to this Release shall be brought in a court of competent jurisdiction located in Ventura County, California. Should any provision of this Release be held invalid, illegal or unenforceable by a judge or other adjudicating body, it shall not affect any other provision of this Release and this Release shall be construed as if such provision had never been contained herein. I acknowledge that I have read this Release and understand its contents. I voluntarily and knowingly agree to the terms stated herein. I am aware that by signing this Release, I am giving up substantial rights, including my right to sue and certain legal rights my heirs, next of kin, executors, administrators and assigns may have against Flourish or any Presenter. I acknowledge and understand that Flourish may, in its sole and absolute discretion, change, modify, add, or remove portions of this Release (a “Modification”) from time to time. In the event of such a Modification, Flourish may require me to sign a modified Release and Waiver of Liability in the future before I am permitted to participate in any future Activities.