WAIVER AND RELEASE OF LIABILITY & TERMS AND CONDITIONS Express assumption of risk: I, the undersigned, am aware that there are significant risks involved in physical activity and that my participation in any such physical program carries with it the potential for death, injury, and/or property damage. The risks include, but are not limited to, falls which can result in serious injury or death; injury or death due to negligence on the part of myself, my training partner, or other people around me; injury or death due to improper use or failure of equipment; strains and sprains; those risks caused by terrain, facilities, temperature, weather, condition of athletes, equipment, vehicular traffic, actions of other people including, but not limited to, participants, volunteers, spectators, coaches, and trainers and lack of hydration. These risks are not only inherent to physical training and athletics, but are also present for volunteers and spectators. I am aware that any of these above-mentioned risks may result in serious injury or death to myself and or those around me. I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participating, volunteering or watching in any physical activity at Blue Lotus Inc’s studios, Blue Lotus Inc’s online classes, or any other activities related to Blue Lotus Inc. I realize that liability may arise from negligence or carelessness by the persons or entities being released, from dangerous or defective equipment or property owned, maintained or controlled by them or because of their possible liability without fault. I acknowledge that I have no physical impairments, injuries, or illnesses that will endanger me or others. Release: I acknowledge that I am willingly participating in these activities and that I have assumed all risks as described above. In consideration for my being allowed to participate in the activities offered, I, the undersigned hereby release the instructors, teachers and consultants, and Blue Lotus Inc, including their principals, agents, employees, and volunteers from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with my participation in this activity, including those allegedly attributed to the negligent acts or omissions of the above mentioned parties. This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect. If I am signing on behalf of a minor child, I also give full permission for any person connected with the hosting organization to administer first aid deemed necessary, and in case of serious illness or injury, I give permission to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the well-being of the child. Indemnification: The undersigned agrees and covenants not to sue or otherwise attempt to hold the club liable for any injuries regardless of the cause. The participant recognizes that there is risk involved in the types of activities offered. Therefore, the participant accepts financial responsibility for any injury that the participant may cause either to him/herself or to any other participant due to his/her negligence. Should the above-mentioned parties, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless the instructors, teachers and consultants, and Blue Lotus Inc, including their principals, agents, employees, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in activities offered. This includes but is not limited to recreational areas, playgrounds, areas adjacent to main building, and/or any area selected for activity. Arbitration & Governing Law: The laws of the Hawaii shall govern this agreement (without reference to its principles of conflicts of law), and venue for any court proceeding shall be in the Hawaii, and any right to jury trial shall be waived. I agree that my sole remedy for any dispute, whether in contract, tort, or otherwise, with Blue Lotus Inc is to submit to binding arbitration with an arbitrator within six months of the incident giving rise to the cause of action, even if that time is less than the applicable statute of limitations. In the event of arbitration, I will pay half of the costs of the arbitrator and other costs of arbitration, and I will be responsible for all of the costs for my own legal counsel. Additional Agreements: This waiver applies regardless of whether you are participating in a class, on the premises or using equipment at the time of the injury or whether your injury occurs as a result of your presence upon the premises regardless of purpose or activity at the time of the injury-causing incident. This waiver and release agreement is intended to be as broad as is allowed under the applicable law and applies to any and claims for damages, regardless of whether they are allegedly caused by the negligence of an instructor, consultant, Blue Lotus Inc or their principals, agents, employees, and volunteers. COVID-19 Wavier: Due to the continuing spread of the coronavirus (“COVID-19”) across the country, all citizens are being ordered to take extraordinary precautions to slow the spread. The State of Hawaii and the City and County of Honolulu have issued Emergency Proclamation orders restricting activity and requiring safe measures including but not limited to Social Distancing. Information regarding these orders can be viewed at https://governor.hawaii.gov/emergency-proclamations/ https://www.honolulu.gov/mayor/proclamations-orders-and-rules.html The undersigned acknowledges that: (a) You are responsible for taking all appropriate safety precautions including social distancing and wearing non-medical grade face coverings as required by the State and the City’s emergency orders; (b) You will avoid contacting “high-touch” areas: (c) You will wash/disinfect/sanitize your hands upon leaving the Property; (d) You are not relying on Blue Lotus Inc. or its independent contractors or employees (“Teacher”) to take these safety precautions on your behalf; and (e) You are aware of and have reviewed the CDC guidelines accessible at https://www.cdc.gov/coronavirus/2019-nCoV/index.html; Furthermore, you represent and warrant that, to the best of your knowledge: (a) You do not now have, and have not had in the last 14 days, any symptoms related to COVID-19; (b) You have not been in direct contact with anyone that has been diagnosed with COVID-19; and (c) you are not currently under quarantine due to recent travel or any other reason, (d) You have been following all recommended social distancing guidelines and You consent to the disclosure of this information to any person who has permitted access to the Blue Lotus studios or classes. Furthermore, by signing below, You acknowledge and understand that You are assuming all risks associated with this decision. In the event, You or one of Your household members is diagnosed with or experiences symptoms of COVID-19 within fourteen (14) days after attending a class, You will immediately notify the Teacher and Blue Lotus Kailua. WAIVER & RELEASE OF LIABILITY & TERMS AND CONDITIONS -- THIS AGREEMENT CONTAINS A WAIVER & RELEASE OF LIABILITY AND INDEMNITY AGREEMENT TO WHICH YOU WILL BE BOUND, AND UNDER WHICH YOU WILL BE WAIVING IMPORTANT LEGAL RIGHTS. DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT. BY CLICKING "I AGREE" YOU ARE SIGNING THIS AGREEMENT AND AGREE THAT CLICKING "I AGREE" IS AN ACCEPTABLE ALTERNATIVE TO A SIGNATURE. |
