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Informed Consent form Agreement

    This agreement is between Olga Tokar (mind your body) fitness and a member (client, participant). This agreement is entered with selected check mark in offered option.

  1. Agreement Summary
  2. Assumption of Risk/Waiver of Liability
  3. Consideration for Waiving Liability.
  4. Dangerous activity.
  5. Consent to Medical treatment.
  6. Liability Release and Waiver Claims.
  7. Personal Property.
  8. Indemnification.
  9. Promise not to bring Suit.
  10. California Law, jurisdiction.
  11. SEVERABILITY.
  12. Additional acknowledgement of Participant.
 

Agreement Summary

Memberships, packages and drop ins are paid fully before the beginning of the event.

Rescheduling, cancelling is 24 hr. in advance.

Full class price will be charged for no show without notice.

I hereby affirm that I have read and fully understand the above statements.

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Assumption of Risk/Waiver of Liability

*Read this agreement fully and carefully. It affects your legal rights. Agreeing to the terms of this agreement is a condition of access to any programs, including online and private lessons. This agreement covers important legal matters including, without limitation:

i) assumption of all risks by you,

ii) consent to participate and medical treatment,

iii) waiver of liability and release of all claims and

iv) indemnity by you.

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Consideration for Waiving Liability.

In consideration for the opportunity to attend and/or participate in any of the work outs, seminars, or other fitness or exercise related instruction, classes, events, or any related activities, use of any equipment, tests, promotional events, training, exercise, entertainment, demonstrations, instruction, ceremonies or exhibitions with or with ought supervision and whether such activities take place at or near the venue or otherwise, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I sometimes(referred to herein as “Participant”), for ,yourself, my heirs, executors, next of kin, successors in interest, guardians, legal representatives, assigns and administrators, agree

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Dangerous activity.

2.1. Inherent and Additional risk, I agree and acknowledge that participating in any physical movement event may involve inherent danger and risk, that the risk of injure from intense physical activities and weight training is significant, and that such risks and dangers include, without limitation, the danger and risk of (i) Physical injury and/or death; (ii) falling, jumping, landing, misdirected equipment, colliding with other objects and people;(iii) minor injuries, such as scratches, bruises and sprains;(iv) major injuries, such as joint and back injuries, cardiovascular injuries, cardiovascular trauma, heart attack, stroke, and injury to my fetus(if pregnant); (v) catastrophic injuries, such as brain injury and paralysis; and (vi) property damage. I understand and agree that neither my actions, not the actions of any other person, can necessarily be controlled, and that my safety and health cannot be guaranteed while participating in or observing the training events. By signing this agreement, I freely accept and fully assume responsibility for all such dangers and risks and the possibility of personal injury, death, property damage or loss resulting therefrom. I acknowledge and understand that the description of the risks and dangers listed above is not complete and that participating in the fitness and dance events involves additional risks and dangers, which may include, without limitation, encounters with motor vehicles and equipment, limited access to/or delay of medical attention, mental stress from participation and negligence of others.

2.2. I agree to inspect all the equipment before use and to ask the for help if I don’t know how to use I agree to ask questions to fully understand the proper way of equipment use. I understand that even though I may be wearing protective or support gear, as applicable, such gear cannot guarantee my safety or protect the wearer against all potential injuries or prevent all the injuries. I accept for use” AS IS” any equipment any equipment used for any training or event and agree to identify or return either before use or promptly after discovery for replacement or repair any Equipment that I believe may be damaged or defective in any way.

2.3. I acknowledge and agree that i’m solely responsible for evaluating my physical fitness , mental fitness, technical skills, and experience in order to access my suitability to engage in any physical activity event. I acknowledge that I have consulted with qualified physician about my desired participation in any kind of strenuous and light physical activity events.

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Consent to Medical treatment.

In connection with any injury that I may sustain or illness or any other medical conditions that I may experience during my engagement with any physical fitness or dance or yoga program, I authorize and consent to receive any emergency first aid, medication, medical and/or surgical treatment by any attending personnel (coach, instructor, venue team member, management). I understand that attending personnel are under no obligation to provide such medical treatment or services and attending personnel do not warrant or make any representation concerning the adequacy or continuation of such medical services, nor can the attending personnel be deemed responsible or held liable for any claims arising out of the provision of such medical services or the failure to provide or to continue to provide such medical services. I further authorize the attending personnel to execute on my behalf any permission forms, consents or other appropriate documents relating to medical attention and. To act on my behalf if not able or immediately available to do so and the same is urgent as determined in their sole description. I ACKNOWLEDGE AND AGREE THAT EMERGENCY ASSISTANCE AND/OR TREATMENT MAY BE RENDEREND BY PERSONS WITH TRAINING OR EXPERIENCE WHICH MAY NOT BE ADEQUATE FOR CERTAIN MEDICAL SITUATIONS AND/OR THE INJURIES SUSTAINED BY ME, WHICH INJURIES CAN BE COMPOUBDED BY NEGLIGENT FIRST AID OR EMERGENCY RESPONSE OR THE ATTENDING PERSONNEL OR OTHER INDIVIDUALS OR MEDICAL OR EMERGENCY PERSONNEL AND WAIVE ANY CLAIM IN RESPECT THEREOF IN ACCORDANCE WITH SECTION 4 BELOW.

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Liability Release and Waiver Claims.

On behalf of myself I HEREBY WAIVE, RELEASE AND FOREVER DISCHARGE ANY AND ALL CLAIMS OR CAUSES OF ACTION, NOW KNOWN OR HEREAFTER KNOWN IN ANY JURISDICTION THROUGHOUT THE WORLD, AGAINST THE RELEASED PARTIES, INCLUDING, WITHOUT LIMITATION, ANY BODILY INJURY OR DISABILITY, ILLNESS OR INCLUDING, WITHOUT LIMITATION, ANY BODILY INJURY OR DISABILITY, ILLNES OR DISEASE, ACCIDENT, DEATH, FINANCIAL LOSS, DAMAGE, DESTRUCTION,DELAY, INCONVINIENCE OR OTHER HARM OR WHATEVER NATURE THAT MAY BE DIRECTLY OR INDIRECTLY RELATED TO, ARISING FROM OR SUSTAINED FROM PARTICIPATION IN ANY PHYCAL TRAINING EVENT. In this section 4 shall be deemed to release any attending personnel and owner from liability arising from their own willful or intentional injury to me or my property. I expressly waive the provisions and protections of Section 1542 of the California Civil code and any similar law of jurisdiction in any other state or country. I understand that section 1542 provides as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITORDOES NOT KNOW OR SUSPECTTO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEPTOR.

I expressly acknowledge and understand the significance, effects, and consequence of a waiver of section 1542 and hereby assume full responsibility for such a waiver.

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Personal Property.

I’m responsible for security and safety of my own property and any personal effects I use, bring to or use at the venue and the released party cannot guarantee the security or safety of my property. Should I leave any property at the venue or otherwise in the custody of Released Parties, I do so at my sole and absolute risk. None of the released parties shall have any liability to me or anyone else in the event of loss , damage, destruction or use, whether authorized or not, by any person or theft of any such property.

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Indemnification.

I SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE RELEASED PARTIES, JOINTLY AND SEVERALLY, FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS, RIGHTS, LOSSES, COSTS, DAMAGES, EXPENSES, SETTLEMENTS, JUDGEMENTS, CAUSES OF ACTIONS AND LIABILITIES OF ANY KIND OF WHATSOEVER, WHETHER FORESEEN OR UNFORESEEN, INCLUDING ATTORNEYS’ FEES, IN LAW OR IN EQUITY, ARISING OUT OF OR RESULTING FROM ANY CLAIM RELATED TO MY PARTICIPATION IN THE PHYSICAL FITNESS OR OTHER MOVEMENTS INVOLVED ACTIVITIES, INCLUDING WITHOUT LIMITATION, MY BREACH OF THIS AGREEMENT OR ANY INDIVIDUAL I INVITE TO ANY VENUE OR ANY OTHER THIRD PARTY CLAIM RELATED TO THE EVENTS AND CLASSES.

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Promise not to bring Suit.

I hereby agree and covenant not to , and shall cause the Releasors not, to bring a claim against, sue, demand compensation from or attach the property or assets of the Released Parties or any of them for any loss or damage arising or resulting from my participation in the fitness exercises or my travel to or from the event. And forever release and discharge the Released Parties from liability under such claims.

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California Law, jurisdiction.

This agreement shall be governed by and construed under the laws of the State of California, USA, notwithstanding its conflict of law provisions. Any action or proceeding brough to enforce the terms of this agreement or adjudicate any dispute arising out of this agreement shall be exclusively brought in the country of San Diego, California. The parties will not raise in connection of therewith, and hereby waive, any defenses based upon venue, the inconvenience of the forum, the lack of personal jurisdiction, the sufficiency of the service of the process or the like in any such action , suit or proceeding brough in the state of California. This agreement fully, completely and exclusively sets fourth my agreement with the released Parties on the matters set fourth herein and may only be amended by myself.

I UNDERSTAND THAT THE TERMS OF THIS ASSUMPTION OR RISK/WAIVER OF LIABILITY /PUBLICITY RELEASE MEANS THAT IM WAIVING CERTAIN IMPORTANT RIGHTS THAT I MIGHT OTHERWISE HAVE UNDER CALIFORNIA LAW.

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SEVERABILITY.

In the event that any provision of this Agreement (or portion thereof) is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, such provision(or part thereof) shall be enforced or if incapable of such enforcement, shall be deemed to be deleted from this Agreement, while the remainder of this agreement shall continue in full force and remaining effect according to its stated terms and conditions.

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Additional acknowledgement of Participant.

a) I UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO THIS AGREEMENT, I’M GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES IN CASE OF INJURY, DEATH OR PROPERTY LOSS OR DAMAGE. I UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NO TO SUE AND RELEASE OF AND INDEMNIFICATION FOR ALL CLAIMS.

b) I HAVE READ THIS ENTIRE AGREEMENT CAREFULLY, AND FULLY UNDERSTAND ALL OF ITS TERMS AND CONDITIONS. I’M PROVIDING THIS ACKNOWLEGEMNT AND AGREEMENT THAT I HAVE HAD AN OPPORTUNITY TO CAREFULLY READ THE ENTIRE AGREEMENT AND TO HAVE ANY QUESTIONS ANSWERED TO MY SATISFACTION.

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