BREATHWORK ONLINE WAIVER
Breathwork Session with Will Caminada
Release of Liability, Waiver and Assumption of Risk Agreement
In consideration of being permitted to participate in a private or group breath session with Will Caminada, (hereinafter collectively “the Activities”) I, the undersigned, hereby acknowledge, understand and expressly agree as to the following:
(1) On behalf of myself, my spouse, my minor children, wards, relatives or other persons under my care, my parents, next of kin, my heirs, assigns, agents, personal representatives and estate (hereinafter collectively “RELEASING PARTIES”), I HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS Will Caminada and his employees, agents, representatives, team members, as well as its owners, principals, employees, agents and representatives (hereafter collectively “WILL CAMINADA RELEASEES”), WITH RESPECT TO ANY AND ALL INJURY, whether physical, mental, psychological or emotional, or ANY LOSS or DAMAGE to PERSON or PROPERTY, of any kind, WHETHER ARISING FROM THE NEGLIGENCE OF WILL CAMINADA RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
(2) To the fullest extent allowed by law, I agree to defend, indemnify, and hold harmless WILL CAMINADA RELEASEES for all costs and expenses, including but not limited to all legal fees incurred by WILL CAMINADA RELEASEES in defending any claim brought against any or all of WILL CAMINADA RELEASEES by any of the RELEASING PARTIES and further agree to pay the full amount of any judgment, award or verdict that might be entered against any of WILL CAMINADA RELEASEES and/or in favor of any or all of the RELEASING PARTIES.
(3) I understand that there exists a risk of physical, mental, psychological or emotional injury or death from the Activities, and although personal discipline or compliance with the guidance of WILL CAMINADA RELEASEES may reduce this risk, the risk of such injury nevertheless does exist.
(4) I am fully aware that the Activities could be hazardous resulting in injury or death. I fully acknowledge that I am voluntarily participating in the Activities with knowledge of the danger involved, and I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation.
(5) I agree to comply with the stated and customary guidance and norms of participation in the Activities. If, however, I observe any unusual hazard during my presence or participation, I will immediately remove myself from participation in the Activities and bring such to the attention of the nearest official forthwith.
(6) I know, understand and acknowledge that WILL CAMINADA RELEASEES are NOT physicians, psychologists, or healthcare professionals, and the Activities being offered are NOT intended to treat or diagnose, and does NOT include treatment for or diagnosis of, any illnesses, disease or disorders, whether physical, mental, psychological or emotional.
(7) I promise, represent and certify that I am in good health physically, mentally, psychologically and emotionally, and fully understand and acknowledge that if I were not in such good health, I would not be permitted to partake in the Activities. As such, my promise, representation and certification that I am in good health in each of the above-enumerated ways constitutes a material term upon which WILL CAMINADA RELEASEES are relying in permitting me to partake in the Activities.
(8) I hereby forever unconditionally and irrevocably waive and release any and all claims I now have or may in the future have against WILL CAMINADA RELEASEES with respect to any injury, loss or damage I suffer as a result of participating in the Activities or any of the future Activities in which I may participate. I understand and agree that this Release of Liability, Waiver and Assumption of Risk Agreement (hereinafter “Agreement”) extends to and includes any and all damages, injuries, and claims which I do not anticipate or know to exist and to any and all damages, injuries, or claims which may develop in the future, and I hereby expressly waive and relinquish any and all rights under any law or statute to the contrary.
(9) After being fully informed of the above, I, on my own behalf, and, to the fullest extent allowed by law, on behalf of all RELEASING PARTIES expressly agree and promise to accept and assume all of the risks inherent to and existing in connection with the Activities; and I voluntarily elect to participate in the Activities.
(10) Although this Agreement fully and completely releases WILL CAMINADA RELEASEES from any and all liability of any kind and of any nature in any way connected to, arising from, or relating to the Activities at issue, I further acknowledge and agree that to the extent that I violate the plain terms of this Agreement by filing a claim, suit or other action against any of the WILL CAMINADA RELEASEES, any such claim, suit or other action shall be filed solely and exclusively before the American Arbitration Association, as governed by the Commercial Rules of Arbitration, with the initiating party bearing the fees and costs associated with arbitration, and with the prevailing party entitled to recover reasonable attorneys’ fees and costs associated with the arbitration. Any legal or equitable claim that may arise from participation in the above shall be resolved under California law.
(11) I acknowledge, understand, and agree that this Agreement, and all of the releases, terms and conditions contained herein, shall apply with equal force and govern any future Activities in which I partake with Will Caminada or any of the other WILL CAMINADA RELEASEES, thus obviating the need for me to sign this Agreement each and every time I partake in the Activities.
(12) I understand and agree that WILL CAMINADA RELEASEES are not responsible for property that is lost, stolen, or damaged while in, on, or about the premises.
(13) To the extent that any portion, clause or aspect of this agreement is found to be invalid, void or unenforceable, all other portions, clauses or aspects of this agreement shall remain in full force and effect.
(14) I have read this release of liability and assumption of risk agreement, fully understand its terms and I have either consulted an attorney or, at my sole discretion, elected not to do so.
(15) I understand that I am providing this release as consideration, in part, for participation in the Activities. As such, I understand that if I wish to alter or negotiate the terms of this Agreement, I may do so by speaking with one of WILL CAMINADA RELEASEES.
(16) I understand that I have given up substantial rights by signing this release of liability and assumption of risk agreement and sign it freely and voluntarily without any inducement.
By ticking the box and virtually signing this document, I acknowledge that if anyone is injured or killed, or if property is damaged, during my participation in the activities, I will be found by a court of law to have waived all right to maintain suit against any of WILL CAMINADA RELEASEES and/or that I will be found to be fully responsible for all attorney fees and all other costs incurred by WILL CAMINADA RELEASEES and/or that I will be found personally liable for any judgment, award or verdict entered against any of WILL CAMINADA RELEASEES.
I understand that there exist known and unknown dangers of serious injury and death associated with the activities, some of which are referenced above, I nevertheless choose to participate in the activities.
BY TICKING THE BOX YOU ARE INDICATING THAT YOU UNDERSTAND THE INFORMATION CONTAINED ABOVE AND AGREE WITH IT.