OVALSAND YOGA & WELLNESS operated by Cecilia Sandoval Consulting & Wellness PARTICIPANT WAIVER, RELEASE OF LIABILITY, ASSUMPTION OF RISK & INDEMNITY AGREEMENT
IMPORTANT: THIS IS A LEGAL DOCUMENT. PLEASE READ CAREFULLY BEFORE SIGNING. BY SIGNING THIS AGREEMENT, YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
1. ACTIVITIES COVERED This Agreement applies to all activities offered, organized, sponsored, arranged, or conducted by Ovalsand Yoga & Wellness, operated by Cecilia Sandoval Consulting & Wellness, including but not limited to yoga classes; outdoor yoga; hilltop yoga; beach yoga; aerial yoga; stand-up paddleboarding (SUP); SUP yoga; hiking; walking; meditation; mindfulness practices; breathwork; retreats; wellness events; workshops; nature-based experiences; Nature & Nourish events; transportation, carrying, loading or unloading of equipment; and all related activities occurring in studios, trails, beaches, parks, waterways, public lands, private property, remote outdoor environments, or any other location associated with participation. 2. RELEASEES For purposes of this Agreement, the term “Releasees” includes Cecilia Sandoval Consulting & Wellness; Ovalsand Yoga & Wellness; Cecilia Sandoval; instructors; guides; assistants; volunteers; independent contractors; employees; collaborating businesses (including but not limited to Siren Catering and Point Reyes Adventure Co.); venue operators (including but not limited to Marconi Hospitality LLC, operating as the Lodge at Marconi and Mable’s); landowners; permit holders; public agencies; sponsors; and each of their respective officers, directors, agents, representatives, successors, and assigns. 3. ASSUMPTION OF RISK I understand and acknowledge that participation in these activities involves inherent and potentially dangerous risks that cannot be eliminated regardless of the care taken by the Releasees. Risks include but are not limited to slips, trips, falls, uneven terrain, sand, rocks, trails, steep inclines, weather exposure, wind, fog, rain, heat, cold, dehydration, wildlife encounters, insect bites or stings, equipment malfunction, collisions, physical exertion, muscle strain, fractures, head injury, paralysis, stress, discomfort, or emotional reactions that may arise during participation, and death. I voluntarily and knowingly assume all such risks, known and unknown, even if arising from the ACTIVE OR PASSIVE NEGLIGENCE OF THE RELEASEES. 4. OUTDOOR & REMOTE ENVIRONMENT RISKS I understand that activities may occur on public lands, waterways, beaches, trails, or natural environments that are uncontrolled, uninspected, uneven, and subject to natural hazards. I further understand that activities may occur in remote outdoor or coastal environments where conditions may rapidly change and emergency response may be delayed due to weather, terrain, distance, limited access, or limited cellular service. Evacuation may be difficult and participation may expose me to environmental hazards including unstable terrain, changing tides, water conditions, and wildlife. 5. WATER ACTIVITY RISKS I understand that participation in paddleboarding, SUP yoga, and other water-based activities involves serious and potentially life-threatening risks that cannot be fully predicted or controlled. Waterways and launch locations used by Ovalsand may be uncontrolled, unmarked, and uninspected, and are subject to rapidly changing conditions including tides, currents, waves, wind, weather, and water temperature. Risks include but are not limited to drowning, hypothermia, cold water shock, submerged obstacles, natural and manmade hazards, slippery surfaces, collisions with watercraft or other participants, equipment failure, entanglement, and delayed emergency response. I acknowledge that personal flotation devices (PFDs) may be recommended or required depending on conditions and applicable regulations. I understand that water safety cannot be guaranteed and that conditions may change without warning. I certify that I am comfortable in water and capable of swimming or floating unassisted, and I voluntarily assume all risks associated with water-based participation, including risks arising from the ACTIVE OR PASSIVE NEGLIGENCE OF THE RELEASEES. 6. AERIAL YOGA RISKS I understand that aerial yoga involves suspension equipment, inversions, balancing, elevated movement, and physical exertion that may result in dizziness, disorientation, entanglement, falls, neck or spinal injuries, strains, equipment failure, serious bodily injury, paralysis, or death. I voluntarily assume all such risks. 7. PARTICIPANT RESPONSIBILITIES I agree that I am responsible for monitoring my own physical condition and participation. I agree to use appropriate footwear and clothing, remain hydrated, follow all verbal and written instructions, participate within my own limits, disclose relevant medical concerns, inspect any equipment provided and immediately report any safety concerns prior to use, and refrain from participation if impaired by alcohol, drugs, illness, injury, fatigue, or any condition that could affect safety. I am responsible for carrying and managing any medications or medical devices I may require, including but not limited to epinephrine auto-injectors, inhalers, insulin, or seizure management devices. I understand that failure to follow instructions may result in removal from participation without refund. I further understand that I may decline or stop participation in any activity at any time. 8. HEALTH ACKNOWLEDGMENT I certify that I am physically and mentally capable of safely participating in these activities. I understand it is my responsibility to consult with a physician prior to participation if I have any medical condition, injury, illness, or pregnancy-related concern. I understand that Ovalsand Yoga & Wellness and Cecilia Sandoval Consulting & Wellness do not provide medical, psychological, psychotherapy, physical therapy, or mental health services, and that all activities are recreational, educational, and wellness-oriented in nature. 9. INDEPENDENT CONTRACTORS & INSURANCE I understand that certain activities, venues, instructors, guides, facilitators, vendors, or collaborators — including third-party partners such as Siren Catering, Point Reyes Adventure Co., and Marconi Hospitality LLC — may operate as independent contractors or separate entities and may maintain separate policies, procedures, and insurance coverage. I understand that participation does not create any contractual or legal relationship between me and any venue operator, landowner, public agency, or third-party collaborator beyond the scope of this Agreement. I further understand that any insurance coverage maintained by Ovalsand Yoga & Wellness or Cecilia Sandoval Consulting & Wellness may contain limitations, exclusions, deductibles, and conditions and is not a substitute for my own health, accident, travel, or liability insurance. 10. NO GUARANTEE OF SAFETY I understand that no representation or warranty regarding safety has been made by the Releasees and that participation always involves inherent risks. 11. NO RELIANCE ON REPRESENTATIONS I acknowledge that I am not relying upon any oral or written statements, representations, or assurances regarding safety, conditions, or outcomes other than those expressly stated in this Agreement. I understand that statements made by instructors, staff, marketing materials, websites, or social media do not constitute warranties or guarantees of safety and do not modify the terms of this Agreement. 12. WEATHER, ENVIRONMENTAL & OPERATIONAL AUTHORITY Releasees reserve the right to modify, cancel, relocate, delay, shorten, or terminate activities due to weather, environmental conditions, safety concerns, participant readiness, equipment concerns, permit restrictions, or other operational considerations. Releasees further reserve the right to deny or discontinue participation of any individual where safety concerns exist, including but not limited to signs of intoxication, behavioral, physical, emotional, or cognitive conditions that impair safe participation, inability to follow instructions, or any condition that poses a risk to the participant or others. Such decisions are made at the sole discretion of Ovalsand and its representatives. 13. PERSONAL PROPERTY & TRANSPORTATION I understand that I am solely responsible for my personal property and transportation to and from activities unless otherwise stated in writing. The Releasees are not responsible for lost, stolen, or damaged personal items, including items exposed to water or outdoor conditions.
14. RELEASE OF LIABILITY
In consideration for being permitted to participate, I knowingly and voluntarily RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE the Releasees from any and all liability, claims, demands, damages, losses, expenses, or causes of action arising out of or related to any injury, illness, death, or property damage resulting from participation, INCLUDING CLAIMS ARISING FROM THE ACTIVE OR PASSIVE NEGLIGENCE OF THE RELEASEES OR NEGLIGENT RESCUE OPERATIONS, to the fullest extent permitted under California law.
Participant Initials:
15. INDEMNIFICATION I agree to indemnify, defend, and hold harmless the Releasees from and against any and all claims, liabilities, damages, costs, attorney’s fees, or expenses arising from my participation or conduct during activities covered by this Agreement. 16. MEDICAL AUTHORIZATION I authorize the Releasees to obtain emergency medical care for me if deemed necessary. I understand that emergency response may be delayed in remote outdoor environments and accept full responsibility for any resulting medical costs. 17. CALIFORNIA CIVIL CODE §1542 WAIVER I expressly waive the protections of California Civil Code Section 1542, which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” 18. GOVERNING LAW & SEVERABILITY This Agreement shall be governed by and construed under the laws of the State of California. If any provision of this Agreement is found unenforceable, the remaining provisions shall remain in full force and effect. 19. ACKNOWLEDGMENT I acknowledge that I have carefully read and fully understand this Agreement, understand that I am giving up substantial legal rights by signing it, and sign it freely and voluntarily.
Today's Date: October 3, 2026 |