In checking the box below I agree that I have have had sufficient opportunity to read this document, understand it, and I agree to be bound by its terms.
In consideration of services provided by Anchorage Yoga, LLC dba Anchorage Yoga and dba Anchorage Cycle, its owners, officers, employees, independent contractors, volunteers, insurers, and agents (collectively, “AYC”), I hereby agree on behalf of myself and my heirs, assigns, personal representatives and estates, as follows:
1. Risks. I understand yoga practice and indoor cycle/exercise programs (the “Activities”) have certain known and unknown risks that could result in physical or emotional injury, disability, death, pain and suffering, and damage to property or to third parties. I understand the enjoyment and benefit of the Activities are derived in part from inherent risks that cannot be eliminated without jeopardizing the essential qualities of the Activities. I understand that the risks may arise from my own or other’s actions, inaction, or negligence. More specifically, I understand the risks associated with the Activities and using the exercise facilities and equipment include but are not limited to: falling from yoga poses or off equipment; collisions with other participants, equipment, or the floor; improperly maintained equipment which may or may not be provided by AYC; general slips/trips/falls or painful crashes while engaging in the Activities or using the equipment or facilities; inadequate instruction or supervision by instructors; mine or other participants or visitors exceeding their skills or physical condition, or not following rules or instructions; dehydration, exhaustion, strains, cramps, & fatigue; injuries resulting from physical activity in high heat conditions; the unavailability of immediate medical care.
I agree that my participation in the Activities is VOLUNTARY and based on my independent assessment of the risks involved. By signing this document, I acknowledge I AM ULTIMATELY RESPONSIBLE for my own safety during participation in the Activities and use of equipment and facilities. I acknowledge I have the responsibility to inspect the facilities or equipment to be used and to immediately advise AYC of anything I consider to be unsafe or to refuse to participate.
2. Assumption of Risk. I accept and voluntarily assume all risks arising from or in any way connected with my participation in the Activities and the use of AYC’s premise, facilities and equipment.
3. Release; Indemnification. I voluntarily release and agree to indemnify and hold harmless AYC from and against any and all claims, demands, causes of action, liability and costs, including reasonable actual attorneys’ fees and expenses (“Claims”), which arise from or are in any way connected with my participation in the Activities, and the use of AYC’s facilities and equipment, including claims arising from the negligent acts or omissions of AYC.
4. Personal Skill/Condition. I understand that certain minimum skills, physical and mental health, and fitness are required in order to participate safely in the Activities. I promise that I possesses these. I am in good health and am capable of engaging in strenuous exercise activities. I do not have any condition and is not taking any medications that might limit participation in the Activities or place me in any heightened danger from any of the risks described above. If I experience pain or discomfort, I will listen to my body, discontinue the Activities, and ask for assistance.
5. Medical Assistance. I give AYC consent to administer emergency first aid, CPR, AED, and to remove me from the facility and seek emergency medical care for me, and to disclose any medical information AYC may have about me to any health care provider that may become involved in my treatment and care. I waive any right to bring any type of action or claim against AYC for doing any of these things. I understand that AYC personnel have received basic first aid and CPR training but are not trained medical personnel. I agree that should medical treatment become necessary, the expenses are my sole responsibility.
6. Contract. I agree this Assumption of Risk, Release and Indemnity Agreement (“Release”) will apply to each visit to AYC and all Activities in which I participate at AYC. This Release shall be governed by the laws of the State of Alaska without regard to conflict of laws principles. I agree that jurisdiction for any dispute relating to this Release shall be exclusively in the state court located in Anchorage, Alaska and I irrevocably waive the right to file a lawsuit in any other jurisdiction. I agree if any portion of this Release is found to be unenforceable, the remaining portion shall remain in full force and effect. I understand this Release cannot be changed in any way by any representations, oral or written, outside this document.
BY SIGNING THIS DOCUMENT, I UNDERSTAND THAT IF ANYONE IS INJURED OR DIES OR PROPERTY IS DAMAGED IN CONNECTION WITH MY PARTICIPATION IN ACTIVITIES OR USE OF AYC PREMISES, FACILITIES OR EQUIPMENT, A COURT MAY FIND I HAVE WAIVED THE RIGHT TO MAINTAIN A LAWSUIT AGAINST AYC ON THE BASIS OF ANY CLAIM RELEASED.
I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS DOCUMENT, UNDERSTAND IT, AND I AGREE TO BE BOUND BY ITS TERMS.