RELEASE OF LIABILITY, VOLUNTARY WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT THIS IS A LEGALLY BINDING AGREEMENT. PLEASE READ CAREFULLY BEFORE YOU SIGN! Converge: Yoga & Fitness for everyBODY Participant Name: _____________________________ Email: _____________________________ Phone: ___________ Emergency Contact Name & Phone: ______________________________ Converge: Yoga & Fitness for everyBODY (“Converge Yoga”) has agreed to allow Participant to attend Yoga class (the “Class”) at the Converge Yoga gym. Participant acknowledges at Yoga is a physical activity including but not limited to stretching, strength training, cardiovascular exercises, breathwork, balance work, and HOT yoga sessions involving elevated heat and humidity. Participation may result in serious injury and or other damage, due not only to the Participant’s actions, inaction, or negligence, but also to that of others associated with or present at these or other classes. In exchange for being allowed to participate in the Class, Participant (for himself/herself and all others claiming by, through, or otherwise on account of Participant, including but not limited to Participant’s representatives, estates, trusts, executors, spouses, heirs, next of kin, affiliates, successors, and assigns) agrees to be legally bound by this Release of Liability, Voluntary Waiver of Claims, Assumption of Risks and Indemnity Agreement (“Agreement”) as follows: ________ (Initial Here) I affirm that I am in good physical condition and do not suffer from any condition that would prevent my safe participation. I understand it is my responsibility to consult with a medical professional before engaging in any new physical activity. _______ (Initial Here) Participant is eighteen (18) years of age or older and otherwise eligible to participate in the Class. PARTICIPANT AGREES THAT PARTICIPATION IN THE CLASS IS ENTIRELY VOLUNTARY AND TAKEN AT HIS/HER OWN RISK. If Participant is not eighteen (18) years of age, this Waiver must be acknowledged and signed by Participant’s parent or guardian on their behalf. __________ (Initial Here) I agree not to attend any class for a minimum of five (5) days following the onset of any symptoms of illness, including but not limited to fever, cough, sore throat, fatigue, or gastrointestinal distress, regardless of whether a formal diagnosis is received. _________ (Initial Here) I agree to follow all posted guidelines and instructor directions. I understand that failure to comply may result in removal from class or termination of access to the studio without refund. __________ (Initial Here) Participant agrees and understands there are known and unanticipated dangers and risks association with the Class and that INJURY, PARALYSIS or DEATH to Participant or third parties may result from participating in the Class, including but not limited to, any acts, omissions, representations, carelessness and negligence of Converge Yoga. Participant understands that such risks simply cannot be eliminated without jeopardizing the essential qualities of the Class. Participant expressly agrees and promises to accept and assume all of the risks existing in the Class. Participant acknowledges that he/she may require medical assistance, which will be at his/her own expense or the expense of his/her personal insurer(s). Participant hereby represents and affirms that he/she has adequate and appropriate insurance to provide coverage for such medical expense. PARTICIPANT UNDERSTANDS AND AGREES THAT CONVERGE YOGA WILL NOT PAY FOR ANY COSTS OR EXPENSES INCURRED BY PARTICIPANT IF HE/SHE IS INJURED. PARTICIPANT UNDERSTANDS AND AGREES TO RELEASE, INDEMNIFY AND HOLD CONVERGE YOGA HARMLESS FOR ANY LOSS ARISING OUT OF OR RELATED TO PARTICIPATION IN THE CLASS, INCLUDING, BUT NOT LIMITED TO, FAILURE TO WARN, SUPERVISE, TRAIN OR DISCIPLINE ANY PERSON. __________ (Initial Here) Participant irrevocably and unconditionally agrees to forever protect, defend, indemnify, and hold harmless Converge Yoga, its volunteers, participants, contractors, members, managers, owners, shareholders, partners, principals, agents, investors, officers, directors, employees, representatives, attorneys, insurers, affiliates, sponsors, advertisers, promoters, predecessors, successors, assigns (collectively “Converge Yoga Parties”) regarding any and all claims, demands, actions, causes of action, suits, demands, rights, obligations, injuries, losses, debts, promises, fees, costs, expenses, compensation, damages, and/or liabilities of any kind, nature, or amount, whether pursuant to law, equity, statute, or otherwise, known or unknown, suspected or claimed, direct or indirect, accrued or unaccrued, mature or contingent, and whether past, present, or future (collectively, the “Claims”) arising from or relating to the Class. __________ (Initial Here) Participant hereby fully and generally releases, acquits, relinquishes, forever discharges, and promises not to sue Converge Yoga and/or the Converge Yoga Parties regarding any and all Claims arising from or relating to the Class. The foregoing includes, without limitation, a complete release and discharge relating to any injury, disability, or death which I, or any third party, may suffer, as well as any loss or damage to property to the fullest extent permitted by law, including any and all legal, equitable, tort, and statutory claims. __________ (Initial Here) Participant certifies that he/she is willing to assume the risk of any medical or physical condition that he/she may have. __________ (Initial Here) Participant understands that the sole remedy in the event Converge Yoga is found liable for any matter arising out of or related to the Class shall be the return of the amount paid to Converge Yoga for attendance of the Class. Participant hereby agrees that Converge Yoga shall not be liable for any special, consequential, indirect, incidental or other damages arising out of or in any way connected to the Class, including lost profits, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Converge Yoga has been advised of the possibility of such damages. Participant expressly waives any right he/she may have to recover such damages. __________ (Initial Here) Participant agrees that Converge Yoga reserves the right to refuse service, or suspend or revoke access privileges, to any Participant or guest who is not following rules, refusing the direction of staff, or is disturbing the use and enjoyment of others including staff and volunteers. Converge Yoga reserves the right to cancel a Participant’s Class, training, or other service for such a disturbance, in its sole discretion. This Agreement shall be governed by the laws of the state of Colorado, without giving effect to its conflict of laws provisions. This Agreement contains all of the understandings and agreements of the parties with respect to the subject matter discussed herein. All prior agreements, if any, whether written or oral are merged herein and shall be of no force or effect. No modification, waiver, amendment, discharge or change of this Agreement shall be valid unless the same is in writing and signed by the party against which the enforcement of said modification, waiver, amendment, discharge or change is sought. If any provision of this Agreement is held invalid or unenforceable by any court of final jurisdiction, all other provisions of this Agreement shall remain fully valid, enforceable, and binding on the parties. [Participant Acknowledgement to Follow] By signing below, I acknowledge and agree to the following: Health & Medical Conditions I affirm that I am in good physical condition and do not suffer from any condition that would prevent my safe participation. I understand it is my responsibility to consult with a medical professional before engaging in any new physical activity. Assumption of Risk I voluntarily assume all risks associated with participation in yoga and fitness activities, including the risk of injury or adverse health effects due to physical exertion or exposure to heat in HOT yoga classes. Illness & Attendance Policy I agree not to attend any class for a minimum of five (5) days following the onset of any symptoms of illness, including but not limited to fever, cough, sore throat, fatigue, or gastrointestinal distress, regardless of whether a formal diagnosis is received. Release of Liability I hereby release and discharge Converge LLC, its owners, instructors, staff, and representatives from any and all liability, claims, demands, or causes of action that may arise from my participation in any activity at or affiliated with Converge, including claims due to ordinary negligence. Indemnification I agree to indemnify, defend, and hold harmless Converge LLC, its owners, instructors, staff, contractors, and affiliates from any and all claims, damages, liabilities, costs, or expenses (including attorneys’ fees) arising out of or related to my participation in classes, events, or activities offered by Converge. This includes, but is not limited to, any claims brought by third parties or by a minor under my care. Conduct & Studio Policies I agree to follow all posted guidelines and instructor directions. I understand that failure to comply may result in removal from class or termination of access to the studio without refund. ACKNOWLEDGEMENT Participant has fully read and understands this Agreement. Participant confirms that by executing this Agreement, he/she is giving up important legal rights in consideration of the privilege of participating in the Class. Participant enters into this Agreement knowingly, freely, voluntarily, under no duress or threat thereof, and without any inducement, promise, or guarantee to Participant by any person. Participant’s approval of this Agreement is proof of Participant’s intention to be bound by a complete, unconditional, and irrevocable waiver and release of all liability (as set forth herein) to the fullest extent possible under the law. Participant represents that he/she is in all respects competent to enter into this Agreement. Executed this __ day of ______________, 20___. ☐ I am signing on behalf of a minor and certify that I am their parent or legal guardian. I give permission for the minor to participate under the terms outlined above. Signature of Participant Printed Name of Participant Parent/Guardian Full Name: ____________ Parent/Guardian Phone Number: ____________