In exchange for participation in the activities at Imondi Wake Zone and/or organized by Imondi Wake Zone, LLC, of 1583 Cipolla Rd., Fruita, CO 81521, (“Imondi”) and/or use of the property, facilities, equipment and services of Imondi, I, agree for myself and (if applicable) for the members of my family, to the following:
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Imondi, or the employees, representatives or agents of Imondi.
2. ASSUMPTION OF THE RISKS AND RELEASE. There are numerous risks inherent in and associated with participation in water sports activities. By executing this RELEASE, I am acknowledging that participation in water sports activities is an inherently dangerous activity that involves risks of death and/or serious bodily injury that cannot be prevented or avoided even by the exercise of reasonable care. The following list, though not exhaustive, exemplifies many of the types of risks and potential injures I recognize I may encounter in connection with participation in water sports:
- changing water flow, tides. currents, wave action, eddies. whirlpools. and vessel wakes;
- collision with other participants; collision with watercraft, whether owned or operated by Imondi, collision with man-made or natural objects;
- the negligent actions and/or omissions of other participants;
- My own actions and/or omissions, regardless of my level of competency as to the activity and my physical and mental condition, sense of balance, physical coordination, ability to operate equipment, and/or ability to swim;
- wind shear, inclement weather, lightning, variances and extremes of wind, weather and temperature;
- collision, capsizing, sinking, falling, slipping other hazards that may result in wetness, injury, exposure to the elements, hypothermia, impact of the body upon the water, injection of water into any body orifices, and/or drowning;
- the presence of insects, wild animals, as well as dangerous plant life, bacteria, amoebas, and marine life forms;
- equipment failure, improper use of equipment and/or impacting equipment;
- heat or sun related injuries or illnesses, including sunburn, sun stroke or dehydration;
- fatigue, chill, shock and/or dizziness which may increase my reaction time.
By my signature, I agree that I am voluntarily engaging in activities at Imondi with full knowledge of, and am assuming the risks associated with, those activities and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Imondi for injury, loss or damage arising out of my or my family's use of, or presence upon the facilities, or use of the equipment, or services, of Imondi, whether caused by the fault of myself, my family, Imondi or other third parties and with full knowledge of the above non-exhaustive list of potential risks.
By my signature, I AM AGREEING TO KNOWINGLY, VOLUNTARILY, AND UNEQUIVICALLY WAIVING ANY AND ALL CLAIMS, INCLUDING NEGLIGENCE, BUT EXCLUDING INTENTIONAL MISCONDUCT, against Imondi arising out of any act, omission, or condition existing prior to the signing of this Agreement and extending to any act, omission, or condition in any way connected with my participation in (including transit to and from) these water sports activities occurring at Imondi at any point in the future. THIS WAIVER AND RELEASE OF LIABILITY IS EXPRESSLY PROVIDED TO EXCULPATE IMONDI FROM THOSE LIABILITIES WHICH ARE SEPARATE FROM AND IN ADDITION TO THE POTENTIAL LIABILITIES CREATED BY THE RISKS INHERENT IN WATER SPORTS PART ICIPATION. Furthermore, by signing this Agreement below, I am binding my spouse, heirs, assigns, successors, and any similarly situated personal or legal representative to the terms herein.
3. PHOTO & VIDEO RELEASE. I, for sufficient consideration, receipt of which is hereby acknowledged, hereby irrevocably grant Imondi, its successors, affiliates, and partners the right to record my likeness and/or voice during activities on/at Imondi’s premises on tape, film or digital media, to edit such tape, film or digital media at its discretion; to incorporate the same into video, TV, radio, web or print advertisement or video; and to use or authorize the use of such tape, film and videotape or any portion thereof in any manner or media at any time through the world in perpetuity and to use my likeness, voice and biographical and other information concerning me in connection therewith including promotion in all media. I hereby release Imondi and anyone using said film, digital image, or other material from any and all claims, damages, liabilities costs and expenses which I now have or may hereafter acquire by reason of any use thereof.
4. INDEMNIFICATION. I agree to indemnify and defend Imondi against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from me or my family's use of or presence upon the facilities, or use of the equipment, or services, of Imondi.
5. FEES. I agree to pay for all damages to the facilities or equipment of Imondi caused by any negligent, reckless, or willful actions by me or my family.
6. APPLICABLE LAW; JURISDICTION & VENUE. Any legal or equitable claim that may arise from participation in the above shall be resolved under Colorado law and in the Colorado State Courts for Mesa County Colorado.
7. NO DURESS & COMPETNECY. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Imondi has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement. I also hereby confirm I am legally competent to sign this Agreement and have provided Imondi no grounds to presume or understand otherwise.
8. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arms' length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
9. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
10. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through mediation prior to the commencement of any form of litigation.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.
ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT
DECLARATIONS: This Agreement is entered into between yoga instructor(s) (“Instructor”) at Imondi Wake Zone and the undersigned (“Client”). The provision of yoga services by Instructor to Client, and Client’s use of any premises, facilities or equipment are contingent upon this Agreement.
ASSUMPTION OF RISK: You agree that if you engage in any physical exercise or activity, including personal training, yoga or enter our premises or use any facility or equipment on our premises for any purpose, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment, whether provided to you by Instructor or otherwise, including injuries or damages arising out of the negligence of Instructor, whether active or passive, or any of Instructor’s affiliates, employees, agents, representatives, successors, and assigns. Your assumption of risk includes, but is not limited to, your use of any exercise equipment (mechanical or otherwise), yoga dock, inflatable aqua park, sports fields, courts, or other areas, locker rooms, sidewalks, parking lots, stairs, pools, whirlpools, saunas, steam rooms, lobby or other general areas of any facilities, or any equipment. You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to yoga, weightlifting, inflatable aqua park, walking, jogging, running, aerobic activities, aquatic activities, tennis, basketball, volleyball, racquetball, or any other sporting or recreational endeavor. You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of Instructor or otherwise.
RELEASE: You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Instructor (and Instructor’s affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Instructor, whether active or passive, or any of Instructor’s affiliates, employees, agents, representatives, successors, and assigns. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, (c) negligent instruction or supervision, including personal training, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of a premises or while traveling to or from personal training, including injuries resulting from Instructor’s or anyone else’s negligent inspection or maintenance of the facility or premises.
INDEMNIFICATION: By execution of this agreement, you hereby agree to indemnify and hold harmless Instructor from any loss, liability, damage, or cost Instructor may incur due to the provision of yoga instruction by Instructor to you.
ACKNOWLEDGMENTS: You expressly agree that the foregoing release, waiver, assumption of risk and indemnity agreement is intended to be as broad and inclusive as permitted by the law in the State of Colorado and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. You acknowledge that Instructor offers a service to his/her clients encompassing the entire recreational and/or fitness spectrum. You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk and indemnity agreement. You are aware and agree that by executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against Instructor for Instructor’s negligence, or for any defective product used while receiving yoga instruction from instructor. You have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.
Date: September 21, 2019