MIDDLE WAY WISDOM, LLC | WAIVER OF LIABILITY & RELEASE

THIS IS A WAIVER AND RELEASE OF LIABILITY. I HAVE READ THIS ENTIRE DOCUMENT. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO ITS PROVISIONS AND HAVE AGREED TO IT FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.   I agree that by registering for and/or participating in any Middle Way Wisdom, LLC classes, courses, programming, events, or training (“Programming”), I am indicating my voluntary agreement to the provisions of this Waiver and Release of Liability.  I agree that no oral statements or representations, apart from the language of the above agreement, have been made.  PARTICIPATION IN THE PROGRAMMING BY A PERSON WHO IS NOT YET 18 YEARS OLD INDICATES THAT A PARENT OR LEGAL GUARDIAN HAS ALSO READ AND CONSENTED TO THIS WAIVER.

By registering for and participating in the Programming and in consideration for  being allowed to participate in the Programming, the receipt and sufficiency of which is hereby acknowledged, I, for myself, or as the parent and/or legal guardian for the below identified minor, freely agree to be bound by each of the following provisions of this Waiver of Liability and Release Agreement (“Waiver”):

1. Acknowledgement and Assumption of Risk. I understand that yoga, exercise, and physical movement are potentially hazardous activities. I further understand that these activities involve risks of injury, aggravation of preexisting conditions, and in the most severe and extreme situations, even death. Furthermore, I acknowledge that the effect of exercise on the body cannot be predicted with complete accuracy and that injuries may occur during or following exercise, including, but not limited to exercise under the supervision of an instructor or during a class or program, that could lead to these complications and adversely affect my health. Accordingly, I acknowledge that I am voluntarily participating in these activities with the full knowledge and understanding of the potential dangers and further that I do so at my own risk. For clarity, I assume all risks, known and unknown, foreseeable and unforeseeable, in any way connected with my participation in/use of the Programming. I accept personal responsibility for any liability, injury, loss, death or damage in any way connected with my participation in/use of the Programming.I understand that MWW advises me to obtain a physical examination from a doctor before participating in the Programming.  The Programming and activities promoted therein are not a substitute for medical attention, examination, diagnosis or treatment. I may receive recommendations for movement, mindfulness practices relaxation, stress re-education and relief of muscular tension, or otherwise during the Programming.  I understand that acting on any such recommendations is based on my own knowledge and judgment and I acknowledge, that even if MWW provided such recommendation MWW has no and assumes no responsibility for such recommendations. This Waiver includes, but is not limited to, all injuries which may occur as a result of the following: (i) my participation in any Programming; (ii) MWW’s instruction, training, supervision, or recommendations; (iii) contact with and actions of other participants in the Programming; and/or (iv) Any of my known or unknown health, physical, or mental conditions.

 

2. My Obligations. I agree to listen to and follow the directions of MWW personnel, and I understand that failure to do so may increase the risk of injury to myself and other participants, and negatively impact the overall operations of the Programming. I agree that I will use good judgment, be self–reliant and stop to request assistance if I am unsure of my ability to utilize or participate in the Programming safely.  In my interactions with MWW personnel and other participants, I will be considerate, conscientious, respectful, and comply with all applicable laws and policies of MWW.   I represent and warrant that I am physically fit and mentally capable of performing the physical activities and Programming I choose to participate in.

 

3. Release of Liability; Limitation of Damages. To the fullest extent of the law, I hereby forever and unconditionally release MWW and its affiliated entities, parent companies, subsidiaries, present and former employees, instructors, owners, officers, members, managers, partners, contractors, insurers, shareholders, and directors (collectively “Released Entities”), from any and all claims, actions, damages, liabilities, losses, costs, and expenses (including, without limitation, attorney’s fees) for death, injury, loss or damage of property, (collectively “Claims”) in any way arising out of my participation in or use of the Programming, including, without limitation, any and all Claims resulting from the negligence of the Released Entities. MWW’s liability to me will be limited to actual damages arising from Released Entities’ gross negligence or willful misconduct in the performance of their duties and responsibilities hereunder; provided, however, under no circumstance shall my damages in connection with my participation in/use of the Programming greater than $500. Recovery of such amount shall be my sole and exclusive remedy. All liability arising out of my participation in/use of the Programming is cumulative and not per incident. In no event shall MWW be liable for any special, incidental, punitive, or consequential damages or other indirect damages, even if MWW has been informed of the possibility thereof.

 

4. Indemnification. I agree to defend and indemnify the Released Entities from any and all Claims as incurred of any kind whatsoever in any way arising out of my participation in/use of the Programming.

 

5. Binding Effect. This Waiver shall be binding upon my next of kin, personal representatives, heirs, beneficiaries, and assigns and shall inure to the benefit of MWW, its successors and assigns. I, the undersigned, for myself, my heirs, representatives, assigns, and next of kin, hereby release, discharge, and covenant not to sue Middle Way Wisdom, LLC, its managers, employees, vendors, or affiliates from any and all Claims, demands, suits, loss, and causes of action.

 

6. Severability. If any provision of this Waiver is for any reason declared to be invalid or unenforceable, the validity and enforceability of the remaining provisions will not be affected. The invalid or unenforceable provision will be deemed modified to the extent necessary to render it valid and enforceable, and if no modification may render it valid and enforceable, this Waiver will be construed as if not containing such provision and the rights and obligations of the parties will be construed and enforced accordingly.

 

7. Governing Law and Venue. This Waiver shall be governed in all respects by the laws of the Commonwealth of Massachusetts without regard to conflict of law principles. Venue shall be in Suffolk County, Massachusetts and I hereby agree and acknowledge that I am personally subject to jurisdiction in Suffolk County, Massachusetts.

 

8. Promotional Release. I hereby grant to MWW the unrestricted right and permission to copyright and use photographic portraits, pictures, video footage and/or audio recordings of my participation in/use of the Programming, in which I may be included intact or in part, including the negatives, prints, transparencies or digital information relevant to such portraits (the “Material”). MWW has the right to reproduce, exhibit, distribute, broadcast, digitize, edit, or otherwise use the Material, by any method and in any media, whether now existing or later created, without restriction throughout the world, by incorporating the Material into its website, publications, catalogues, brochures, books, magazines, or commercial, informational, educational, advertising, or promotional materials relating thereto (collectively, the “Works’). I agree that MWW is and shall be the exclusive owner of all right, title, and interest, including copyright, in the Material and the Works.