Liability Waiver & Terms of Use
ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNITY AGREEMENT
I would like to participate in online and or in-person activities facilitated by Ananda Encinitas, the Temple of Joy, kmUNITY, and/or Release Into Bliss (herein collectively referred to as “Ananda Encinitas”). Ananda Encinitas, as defined herein, includes its owners, representatives, employees, affiliates, agents and independent contractors.
I have self-awareness of my body, my health, and my wellbeing. I know participating in activities with Ananda Encinitas involves inherent risk and could be helpful or harmful depending on my personal circumstances. I risk personal injury which includes (but is not limited to) irritation, muscle strain and sprains, joint injuries, torn muscles, and back injuries, infection, distress, stroke, heart attack, paralysis, or death. While being in-person, interacting with the environment at the premises, and being around others I may encounter contagious illnesses that could be harmful. I understand my personal circumstances, and my risks and rewards of participating in any activity, better than Ananda Encinitas does. I FREELY ACCEPT AND FULLY ASSUME THE RISK THAT I CAN GET HURT, not only in the ways described above, but also in ways that are unknown and unexpected.
It is my responsibility to determine if any activity proposed by Ananda Encinitas is good for me. I will make sure to limit my actions to only those I am comfortable with while closely monitoring for any pain or symptoms of injury. I will not participate in any activity I believe could be harmful to my wellbeing. If Ananda Encinitas requests, directs, or assists me to do anything that is potentially harmful then I will immediately notify Ananda Encinitas that it is not good for me and I will cease the activity.
In addition to the representations I have made above, I agree as follows:
- In full consideration of the above-mentioned risks and in full consideration of the fact that I am willingly and voluntarily participating in activities with the Ananda Encinitas, I hereby WAIVE, RELEASE, REMISE, and DISCHARGE Ananda Encinitas of any and all liability, claims, demands, actions or rights of action, or damages of any kind related to, arising from, or in any way connected with, my participation in Ananda Encinitas’s activities, training or events. I further agree to indemnify, defend and hold harmless Ananda Encinitas from any loss, damage, liability or cost, including bodily injury or property damage, that may occur as a result or arising out of my presence at Ananda Encinitas’s property (“Premises”). Such waiver and release does not apply to Ananda Encinitas’s willful misconduct or grossly negligent acts.
- I will not attend in person activities or events when I may be contagious, when I have any symptoms of a contagious illness, or when I have recently been exposed to someone with a contagious illness.
- I agree that Ananda Encinitas shall not be liable or responsible for my personal belongings and that I should not bring anything of value inside the Premises.
- ARBITRATION AND GOVERNING LAW. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be one. The place of arbitration shall be in San Diego, CA. California law shall apply. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
- SEVERABILITY: I agree that in the event any provision of this agreement, including but not limited to the RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION provisions, is held or adjudicated to be contrary to any statute or law, or otherwise unenforceable, the remaining provisions of this document shall be enforceable to the fullest extent permitted by law.
- I HAVE READ AND UNDERSTAND the foregoing Acknowledgment of Risks and Waiver Agreement, and intend that it be binding on me, my heirs, executors, administrators and assigns, and if I am signing on behalf of a minor child, I represent and warrant that I am doing so with the consent and approval of the requisite spouse (if any) and I understand that I am acknowledging the risks to my child.
If the Participant is Under 18:
I am the parent or guardian of the minor named above. I hereby make and enter into each and every representation, waiver, release and indemnity described above on behalf of myself, the minor, and any other parent or guardian of the minor. I intend to give up my right, the minor's right, and the right of any other parent or guardian to maintain any claim or suit against Ananda Encinitas arising out of the minor's use of Ananda Encinitas’s facilities or equipment, or participation in activities sponsored by Ananda Encinitas. I believe and represent that I HAVE LEGAL AUTHORITY TO MAKE THESE WAIVERS AND RELEASES, and I agree to indemnify Ananda Encinitas for all liability arising out of any lack of authority on my part to make such waivers and releases.