Assumption of Risk, Relase of Liability and Indemnification Agreement
In exchange for participating in activities organized by LOOP VILLAGE INC., a Delaware corporation (hereinafter “LOOP”), I, the User, on behalf of myself, as well as my, heirs, successors, and assigns, (collectively “RELEASORS”) execute this Assumption of Risk, Release of Liability and Indemnification Agreement (“AGREEMENT”).
- I UNDERSTAND THAT PARTICIPATION IN ANY ACTIVITIES WITH LOOP, IN PARTICULAR, PHYSICAL ACTIVITIES, SUCH AS EXERCISE CLASSES, INVOLVE NUMEROUS RISKS, INCLUDING, BUT NOT LIMITED TO, THE RISKS OF LOSS OF BALANCE, LOSS OF CONTROL, FALLING, BLACKING OUT, EXHAUSTION, PHYSICAL INJURY, MENTAL INJURY, AND DEATH. I further that all of these risks and dangers are necessary to the participation in LOOP activities.
- Despite the risks and dangers involved, and as consideration for being allowed to participate in LOOP activities, on behalf of all of the RELEASORS, I AGREE TO EXPRESSLY ASSUME ANY AND ALL RISK OF INJURY OR DEATH which might be associated with the RELEASORS’ participation in any and all LOOP activities.
- I AGREE NEVER TO SUE, AND TO RELEASE FROM LIABILITY, LOOP, and all of its respective affiliates, subsidiaries, insurance companies, successors in interest, agents, employees, representatives, assignees, officers, directors and shareholders, (collectively referred to as “RELEASEES”) for any property damage, physical injury, mental injury or loss, including death, which arises in whole or in part out of my participation in LOOP activities, including without limitation those claims based on RELEASORS alleged or actual NEGLIGENCE, BREACH OF ANY CONTRACT AND/OR EXPRESS, OR IMPLIED WARRANTY.
- I acknowledge that this AGREEMENT will prevent the RELEASORS from filing suit or making any claim for damages in the event of injury or death arising from the RELEASORS’ participation in the LOOP activities. I UNDERSTAND THIS IS A RELEASE OF LIABILITY AND AGREE THAT IT IS VALID FOREVER, and will apply whenever the RELEASORS participate in the LOOP activities.
- In the event any of the RELEASORS or any of their legal representatives file a claim or a lawsuit arising out of any of the RELEASOR’S participation in the LOOP activities, I AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS RELEASEES from and against any damages, attorney’s fees or costs arising out of such a claim or a lawsuit.
- In executing this AGREEMENT, I declare under penalty of perjury under the laws of the State of California that I am doing so only for myself and/or on behalf of persons for whom I have authority to execute. In the event that I execute this AGREEMENT on behalf of another person, and in the event that the other person brings a claim against RELEASEES, I AGREE to defend, indemnify and hold harmless RELEASEES as fully set forth above.
- I ACKNOWLEDGE that this AGREEMENT is binding upon me and/or any person on behalf of whom I am executing, my heirs, assigns and legal representatives. I acknowledge that this AGREEMENT is severable and that if any clause is found to be invalid, the offending clause will be stricken and the balance of the AGREEMENT will remain in effect and will be enforceable. I agree that any action arising under this AGREEMENT must be brought in a court of competent jurisdiction in Los Angeles County, State of California, United States of America. This AGREEMENT will be subject to and interpreted under the laws of the State of California.
THIS IS A BINDING AGREEMENT – DO NOT AGREE TO IT UNLESS YOU AGREE TO BE BOUND BY ITS TERMS