Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement.
I acknowledge that the Activities include strenuous physical activities and exercises; participating in the Activities with other participants; contact with unidentified and unfamiliar persons; participating in the Activities in new and unfamiliar places and manners; and exposure to known and unknown dangers in the areas in which the Activities are conducted (including, without limitation, uneven and varying surfaces, marked and unmarked obstacles, highly varied and rapidly changing weather and environmental conditions, and participating in the Activities in arid conditions and at high altitude). I fully understand that the Activities can be HAZARDOUS, and involve risks which could result in BODILY INJURY, ILLNESS, DEATH, DAMAGE OR LOSS to myself (including, without limitation, abnormal blood pressure, fainting, stroke or heart attack), my property (including, without limitation, property theft), and to other third parties and their property, which may be caused by my own actions or inactions, those of others participating in the Activities, the locations at which the Activities take place, the conditions in which the Activities take place, or the negligence or misconduct of any of the “Releasees" named below; and I fully accept and ASSUME ALL SUCH RISKS. I understand the nature of the Activities, I am participating in the Activities voluntarily, and I am in good health, physically and mentally fit and otherwise prepared and able to participate in the Activities. I will discontinue my participation in the Activities if I believe at any time my participation poses a threat to myself or any third party. I, on behalf of myself and anyone who obtains any rights from or through me, hereby forever and irrevocably release and discharge YogiNation Denver; Lux Enterprises LLC; the owners, lessors, lessees and any other individual or entity with any interest in the locations at which the Activities take place; any individuals or entities involved in any capacity with the Activities; any promoters, sponsors or advertisers of any of the foregoing; any of the respective parents, subsidiaries, affiliates, departments; divisions; partners, members, owners, agents, contractors, subcontractors, administrators, licensees, designees, insurers, personal and legal representatives, successors and assigns of each of the foregoing; other participants in the Activities; and any director, officer, member, manager, partner, official, staff, volunteer, employee, representative or agent of any of the foregoing (each a “Releasee" herein) from any and all liabilities, claims, demands, losses, damages, costs or expenses (including, without limitation, attorneys' fees and costs) (collectively, “Losses") arising out of or in any way related to (a) my participation in or attendance at the Activities, or any first aid, treatment or any like service rendered in connection with the Activities, including, without limitation, Losses caused or alleged to be CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR MISCONDUCT of any Releasee or otherwise, including negligent rescue operations, or (b) the voluntary disclosure of my medical history. I will not sue any Releasee or cause any Releasee to be sued regarding any matter released above. I will indemnify and hold harmless each Releasee from and against any Loss regarding any matter within the scope of this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement (this “Release"). I agree that as further consideration for being permitted to participate in the Activities, I grant Lux Enterprises LLC, and each of their respective designees, a perpetual, irrevocable, royalty-free, worldwide and transferable license to photograph, record, film or otherwise memorialize my likeness and personal attributes in connection with the Activities, and to use, modify, display, perform and present same, in any manner and in any medium, and for any purpose. No statements regarding the effect of this Release, not contained in this Release, shall modify the terms of the Release. In any proceeding or other attempt to enforce, construe or to determine the validity of this Release, the nonprevailing party will pay the reasonable expenses of the prevailing party, including, without limitation, reasonable attorneys' fees and costs. This Release is binding upon the undersigned, and his/her successors, assignees, subrogors, heirs, next of kin, and legal and personal representatives. If any provision of this Release is unenforceable, it shall be modified to the extent reasonably necessary to make the provision legal, valid and binding, and the remainder of this Release shall remain enforceable to the full extent allowed by law. Exclusive jurisdiction and venue for any dispute concerning this Release shall be solely in the federal or state courts located in the County of Denver, Colorado.
