LIABILITY RELEASE AND AUTHORIZATION
This Liability Release and Authorization (“Agreement”) is entered into between LinCo Unlimited LLC (the “Company”) and the undersigned individual (“Participant”) because Participant wishes to engage in activities and events presented by the Company. Accordingly, Participant and the Company agree as follows:
Release of Liability
RELEASE OF LIABILITY AND ASSUMPTION OF RISK: On behalf of myself and my successors, assigns and in consideration of the services and activities provided by the Company and its respective parent companies, subsidiary companies, managers, members, employees, agents, officers, directors, affiliated companies, volunteers, participants, clients, customers, invitees, independent contractors, insurers, facility operators, premises owners AND all other persons or entities acting in any capacity on their behalf, together with their respective successor and assigns (hereafter collectively the “Company Released Parties”), I hereby agree to forever release, remise, discharge, defend, hold harmless and indemnify the Company Released Parties as set forth in this Agreement:
RELEASE AND INDEMNITY: For myself and my respective successors and assigns, (hereafter collectively, the “Releasing Parties”), I hereby agree to release, remise forever discharge, defend, hold harmless, and indemnify, the Company Released Parties from and against any and all claims, actions, causes of action, proceedings, suits, costs, liabilities, damages, and expenses, whether known or unknown (including but not limited to all direct, special, incidental, exemplary, punitive, and consequential damages, losses of any kind and attorneys’ fees), and however caused, including without limitation by, reckless, negligent or grossly negligent conduct (hereafter collectively, “Claims”) of any and all of the Releasing Parties that arise on, are based upon or result from, any act, event, occurrence, or omission at a Company facility or during a Company event, including but not limited to any claim under any common law, whether in law or equity, or federal, provincial, or local statute, ordinance, or rule of law
ACKNOWLEDGEMENT OF RISKS: I acknowledge that by its very nature, physical exercise, yoga, and related activities (“Activities”) at the Company facility or at a Company event, present, carry, and involve a serious risk of physical injury to the Participant. I acknowledge that the Activities are inherently dangerous and hazardous and acknowledge that by participating in the Activities, I am, on behalf of myself and on behalf of each of the Releasing Parties, expressly assuming all risks associated with the Activities and expressly contracting not to sue for any injury sustained as a result of such participation in or observation of the Activities. I understand that physical exercise, yoga, and related activities may result in injuries ranging from minor injuries (bruises, blisters, and the like), to more serious injuries or even death. I acknowledge that participating in the Activities at a Company facility or at a Company event may also cause me to be in contact with foods and other allergens, whether outdoor or indoor, that are specific to me and for which the Company cannot be responsible. I acknowledge that participating in the Activities at a Company facility or at a Company event subjects myself and any other participants, including but not limited to the Releasing Parties to the risk of serious bodily injury. I understand that no matter how careful the Releasing Parties may be during the Activities, and that no matter how much the Company Released Parties’ employees or agents attempt to reduce the risks, the risk of serious injury (including death) is not eliminated, and remains foreseeable.
ASSUMPTION OF RISK AND LOSS: I ACKNOWLEDGE THAT ALL ACTIVITIES AT THE COMPANY FACILITY OR AT A COMPANY EVENT, BOTH DURING AND AFTER THE CLAIM PERIOD, INCLUDING THE ACTIVITIES OF THE COMPANY RELEASED PARTIES AND THE ACTIVITIES OF THE RELEASING PARTIES AND THE ACTIVITIES OF THIRD PARTIES ARE POTENTIALLY AND INHERENTLY DANGEROUS AND I KNOWINGLY AND FREELY ASSUME ALL KNOWN AND UNKNOWN RISKS ON BEHALF OF MYSELF AND THE OTHER RELEASING PARTIES, INCLUDING WITHOUT LIMITATION ALL RISKS OF INJURY, DAMAGE AND/OR DEATH. I further agree that none of the Company Released Parties will be responsible to me or any of the Releasing Parties for the loss or theft of my personal property, or that of any of the Releasing Parties while I am at a Company facility or at a Company event. My participation and the participation of any of the Releasing Parties in any Activities whatsoever at a Company facility or at a Company event is purely voluntary, and I elect and agree on behalf of myself and all of the Releasing Parties to participate in those Activities in spite of the risks. I further expressly agree that I will pay for the cost of medical assistance should any of the Company Released Parties request such assistance in their sole discretion on behalf of any of the Releasing Parties. I assume full financial responsibility for any damage or injury that may occur to any of the Releasing Parties while at a Company facility or at a Company event. As to any occurrence at a Company facility or at a Company event, I further expressly assume the risk of injury or aggravation of injury resulting from any preexisting medical or physical condition of any of the Releasing Parties, irrespective of whether such medical or physical condition was known or unknown to me.
INJURIES BY AND TO THIRD PARTIES: I further and specifically acknowledge that the Releasing Parties may be injured by the actions of customers or invitees of the Company Released Parties at a Company facility or at a Company event (hereafter “Third Parties”). In such event, I agree to release, discharge, waive, defend and indemnify the Company Released Parties against any Claims arising from acts or omissions of Third Parties at a Company facility or at a Company event. I also acknowledge that the acts or omissions of the Releasing Parties may cause injury to other customers, invitees, employees, independent contractors, or agents of the Company Released Parties while at a Company facility or at a Company event. In such event, I agree to defend and indemnify the Company Released Parties and any third party invitee or customer against any Claim arising which was caused, in whole or in part, by one or more of the Releasing Parties.
Participant hereby irrevocably permits, authorizes, grants, and licenses to the Company and its respective affiliates, successors, and assigns (“Authorized Persons”), the rights and permission, free from approval, review, or cost, to photograph, record or otherwise capture the likeness of Participant while participating in the Activities at a Company facility or at a Company event for use in media, now or hereafter known, including but not limited to pictures and video, to copyright the same in the Company’s name, and which may be included in whole or in part for commercial or promotional use (“Materials”).
The Company shall be the exclusive owner of all rights, including copyright, in the Materials. Participant acknowledges and agrees that Participant has no right to review or approve Materials before they are used by the Company, and that the Company has no liability for any editing or alteration of the Materials or for any distortion or other effects resulting from editing, alteration, or use of the Materials. Any credit or other acknowledgment of Participant, if any, shall be determined by the Company in its sole discretion. Participant further acknowledges and agrees that Participant shall have no right to use the Materials for the financial gain of themselves or any third party, as such Materials are property of the Company.
With respect to photos or videos that Participant takes and subsequently uploads the photos to the Company’s website or mobile application, Participant hereby irrevocably permits, authorizes, grants, and licenses to the Authorized Persons the rights and permission, free from approval, review, or cost, to use such photos and videos for the Company’s business purposes.
Acknowledgement of Refund and Cancelation Policy
By purchasing services, attending any Company event, and/or agreeing to become a Participant, the Participant hereby expressly acknowledges and agrees to be bound by the Company’s policies regarding refunds and cancellation as they exist at the time this Agreement is entered into between Participant and the Company.
Revocable License for Participation
By purchasing services, attending any Company event, and/or agreeing to become a Participant, the Company is granting to Participant a limited, revocable license to participate in the services and/or attend a Company event. The Company reserves the right to revoke the license of Participant in its sole discretion at any time based on acts or omissions of Participant. In the event that Participant’s license to participate in the services and/or attend a Company event is revoked by the Company, Participant will not be entitled to a refund of any monies paid to the Company or a credit for any future Activities.
Class Action and Jury Waiver; Choice of Law and Venue
By agreeing to become a Participant, both you and the Company agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless both you and the Company agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. Further, both you and the Company hereby waive any right to a trial by jury and agree than any claims brought in any lawsuit will be decided through a bench trial before a single judge.
By agreeing to become a Participant, both you and the Company agree that the substantive and procedural law of the State of Texas shall apply, except where federal law applies, in which case the law of the Fifth Circuit Court of Appeals shall apply. Both you and the Company further agree that any claims against the other must be brought in the state or federal courts located in Austin, Texas.
No waiver of any provision in this Agreement shall constitute a waiver of any other provision nor shall any waiver constitute a continuing waiver. The Company may assign this Agreement, provided that the assignee agrees to assume the obligations of the Company, then the Company will be fully relieved of those obligations upon notice to you of the assignment. You understand that you may not assign your participation to another person. If any part of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement will remain in full force and effect.
Signature of this waiver indicates as an AGREEMENT by the Participant.