Waiver & Release
This is a release of liability and waiver of certain legal rights. Your signature hereto indicates your understanding of, and agreement to, the terms and conditions set forth herein.
IN CONSIDERATION for my being permitted to participate in any activities or services of WOW ASPEN, LLC (“WOW ASPEN”) outlined herein, I agree to the following:
I acknowledge that services and activities of WOW ASPEN including, but not limited to, yoga, pilates, personal training, weight training, running, hiking and biking (the “Activities”), have inherent risks, hazards, and dangers for anyone that cannot be eliminated. I UNDERSTAND THAT THESE RISKS, HAZARDS, AND DANGERS INCLUDE WITHOUT LIMITATION:
Muscle injury or other physical injury; and
The use of drugs, medication or alcohol may increase chances of any of the above-referenced conditions OR OTHER PHYSICAL AND MEDICAL COMPLICATIONS. Please consult your physician if you are in doubt regarding your ability to participate in any of the Activities for health reasons. Discontinue Activities immediately if you feel light-headed, dizzy or exhausted. Drinking water before, during and after PARTICIPATION IN THE ACTIVITIES is recommended.
We have the right to refuse service to anyone.
I acknowledge that as a participant in any of the Activities, I have responsibilities. I understand the risks, hazards, and dangers of the Activities. I understand that these Activities may require good physical conditioning and a degree of skill and knowledge. I believe I possess good physical conditioning and I have the degree of skill and knowledge necessary for me to engage in the Activities safely. My participation in the Activities is purely voluntary. No one is forcing me to participate, and I elect to participate in spite of the risks.
TO THE EXTENT THAT WOW ASPEN OR ANY PERSON AFFILIATED WITH WOW ASPEN PROVIDES ANY SERVICES OR EQUIPMENT IN CONNECTION WITH THE ACTIVITIES, OR PARTICIPATES IN ANY ACTIVITIES WITH ME, I AM VOLUNTARILY USING SUCH SERVICES OR EQUIPMENT, AND VOLUNTARILY ALLOWING SUCH PARTICIPATION WITH FULL KNOWLEDGE OF THE INHERENT RISKS, HAZARDS, AND DANGERS INVOLVED AND HEREBY ASSUME AND ACCEPT ANY AND ALL RISKS OF INJURY, ACCIDENT OR DEATH. I UNDERSTAND AND ACKNOWLEDGE THAT WOW ASPEN’S representatives and service providers are not medical professionals and are not responsible for the diagnosis, treatment or management of my health conditions or injuries. WOW ASPEN does not guarantee or promise any outcome or results regarding the use of ANY Services OR PARTICIPATION IN ANY OF THE ACTIVITIES. ANY COMMENTS REGARDING THE ACTIVITIES are expressions of opinion only. I acknowledge and voluntarily assume the risk of injury, accident or death which may arise from the ACTIVITIES.
I, for myself, my heirs, successors, executors, and subrogees, hereby KNOWINGLY AND INTENTIONALLY WAIVE AND RELEASE, INDEMNIFY AND HOLD HARMLESS WOW ASPEN its directors, officers, agents, contractors, affiliates, managers, subsidiaries, parent companies, employees, volunteers, and their successors, assigns and insurers (collectively, the “Released Parties”) from and against any and all claims, actions, causes of action, liabilities, suits, expenses (including reasonable attorneys' fees) which are related to, arise out of, or are in any way connected with my participation in any of the above-described Activities including, but not limited to, NEGLIGENCE of any kind or nature, whether foreseen or unforeseen, arising directly or indirectly out of any damage, loss, injury, paralysis, or death to me or my property as a result of my engaging in any Activities or the use of these services or equipment of WOW ASPEN, whether such damage, loss, injury, paralysis, or death results from negligence of the Released Parties or from some other cause. I, for myself, my heirs, my successors, executors, and subrogees, further agree not to sue the Released Parties as a result of any injury, paralysis, or death suffered in connection with my use and participation in any Activities.