The individual named below (referred to as “I” or “me” or “participant”) desires to participate in a yoga event (hereinafter referred to as the “Activities”) provided by Oak City Yoga, Inc., a corporation located in Raleigh, North Carolina (the “Company”). As lawful consideration for being permitted by the Company to participate in the Activities and for the intangible value that I will gain by participating in the Activities, I agree to all the terms and conditions set forth in this agreement (the “Agreement”).
I am aware and understand that the Activities are inherently dangerous activities and involve substantial risks, including but not limited to damage to property, contraction of Coronavirus Disease 2019 or any mutation thereof (“COVID-19”), illness, serious bodily harm or injury, permanent paralysis and/or death. I acknowledge that any injuries that I sustain may be compounded by negligent emergency response or rescue operations of the Company. I am knowingly and voluntarily participating in the Activities with an express understanding of the danger involved and hereby agree to accept and assume any and all risks of injury, death, or property damage, whether caused by the negligence of the Company, the participating venue, or otherwise.
I further acknowledge and understand that I am at increased risk of contracting COVID-19 while engaging in these Activities or while engaging in travel related to the same. I also acknowledge that, due to their physical nature, the Activities carry a greater risk than other activities of exposure to COVID-19. I further acknowledge that participation in the Activities includes possible exposure to and illness or death from COVID-19 and other infectious diseases. I acknowledge that, even when all reasonable precautions are taken, there is an unavoidable risk of exposure to COVID-19.
Express waiver and release: I hereby expressly waive and release any and all claims, now known or hereafter known, against the Company, and its officers, agents, affiliates, successors, and assigns, including but not limited to Paula Fraschetti, the entity that retained the Company to perform the Activities, and the participating venue and its officers, employees, and agents (collectively, “Releasees”), on account of injury, death, or property damage arising out of or attributable to the Activities, whether arising out of the negligence of the Company or any Releasees. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims.
Indemnification: I shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out of or resulting from any claim of a third party related to my participation in the Activities.
Entire Agreement; Severability; Choice of Law: This Agreement constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of the Company and me and their respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Wake County, North Carolina and I hereby consent to the exclusive jurisdiction of such courts.