VOLUNTARY PARTICIPATION

ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY

I, the undersigned, voluntarily elect to attend and participate in the Pali Balance Class (the “Class”) offered by Constance Murphy dba Pali Balance (“Pali Balance”) held at the Pacific Palisades Woman’s Club, located at 901 Haverford Avenue, Pacific Palisades, California 90272, and to use the facilities and equipment provided by Pali Balance (collectively, the “Participation”).

Assumption of Risk.  I hereby acknowledge, on behalf of myself, my heirs, personal representatives and/or assigns, that my Participation may involve risk of minor and/or serious injury, physical disability, death, property damage and/or loss that may result not only from my own actions, inactions or negligence, but also from the actions, inactions, or negligence of others, the condition of the facilities, equipment, or areas where my Participation is being conducted, and/or the nature of the Participation itself. Knowing and understanding the risks involved with my Participation, including, without limitation, slips, trips, falls, contact with others, equipment or product failures, illness, personal injury, and death, I hereby voluntarily and willingly assume full and complete responsibility for any and all risks (including those which are presently unknown to me) of  injury, illness, physical disability, death, damage and/or loss to persons or property of any kind that may arise from or be related to my Participation. I certify that I am in good health and have no medical or mental condition preventing my safe participation in the Class. I acknowledge that it is my responsibility to consult with my personal physician regarding any medical or mental reason, impairment, or disability that might prevent or limit my Participation. I expressly assume any and all risk of injury (including, without limitation, permanent disability and death) relating to or arising out of my Participation, howsoever caused or arising and whether by negligence or otherwise, and accept personal responsibility for the damages following such illness, injury, permanent disability or death.

Waiver and Release. For and in consideration of Pali Balance allowing me to participate in the Class, I hereby fully and forever release, waive, and discharge Pali Balance and Constance Murphy, and each of their respective facilities, volunteers, employees, trainers, and agents (collectively, the “Released Parties”), from any and all responsibility, claims, demands, actions, or causes of action of any kind, which I may or might have against the Released Parties or any of them, arising out of or in any way related to my Participation (including, without limitation, causes of action for personal injury, death, illness, property damage, medical expenses and/or attorneys’ fees), whether known or unknown, foreseen or unforeseen, as well as any consequences thereof resulting from my Participation. I shall not bring any claim, demand, legal action or suit against the Released Parties for any economic or non-economic loss due to any illness, injury, disability, death, damage and/or loss to persons or property of any kind that may arise from or be related to my Participation or the operations and conduct of the Released Parties or others, whether negligent or otherwise.

Indemnity/Losses and Damages.  I hereby agree to defend, indemnify and hold harmless the Released Parties from and against any and all claims, lawsuits, liabilities, loss, damages, demands, actions, causes of action, costs and expenses of any kind (including attorneys’ fees), which may be made against them or incurred by them, or any of them, by me or anyone acting on my behalf arising out of my Participation and/or resulting from my tortious conduct.  I agree that I am financially responsible for any and all losses and damages (whether to myself or others) resulting from my Participation.

Emergency Medical Care Authorization.  In the event medical attention is needed, I authorize each of the Released Parties to call for medical care for me or to transport me to a medical facility at my expense. I further authorize any physician or other health care provider or facility to provide any emergency medical/surgical care deemed necessary. I acknowledge and agree that none of the Released Parties is under any legal obligation to render assistance to me and hereby release and forever discharge the Released Parties from any claim whatsoever which arises or may hereafter arise on account of any first aid, treatment or services rendered in connection with my Participation. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. 

California Law Applies.  This agreement will be governed by and interpreted in accordance with the laws of the State of California without regard to any conflict of laws principles

Severability. If any portion of this Agreement is held invalid, illegal, or unenforceable to any extent and for any reason by any court of competent jurisdiction, such portion will be excluded to the extent of such invalidity or unenforceability; all other terms of this Agreement will remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term will be deemed replaced by a term that is valid and enforceable and that comes closes to expressing the intention of such invalid or unenforceable term.

Knowing and Voluntary Execution.  I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND THE TERMS USED HEREIN AND THEIR LEGAL SIGNIFICANCE. I RECOGNIZE THAT MY SIGNATURE ON THIS AGREEMENT IS A CONDITION OF THE RELEASED PARTIES PERMITTING ME TO PARTICIPATE, AND THAT I CANNOT REVOKE THIS RELEASE (IN WHOLE OR IN PART) AFTER I SIGN.  I UNDERSTAND THAT THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION. I VOLUNTARILY, ON MY OWN FREE WILL, SIGN THIS AGREEMENT AND ITS ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND WAIVER. MY SIGNATURE ON THIS AGREEMENT IS INTENDED TO BE BINDING UPON ME AND MY SUCCESSORS, HEIRS, REPRESENTATIVES, ADMINISTRATORS, AND ASSIGNS.