IN CONSIDERATION of being allowed to participate in any way in OSHA RUAH : SHINING SPIRIT, LLC programs, related events and activities, the undersigned acknowledges, appreciates and willingly agrees that:
1. I acknowledge, agree and represent that I understand the nature of OSHA RUAH : SHINING SPIRIT and that I am qualified, both mentally and physically, in good health and in proper physical condition to participate in such activities (the “Activity” or “Activities”). 2. I understand that participation in activities with or at OSHA RUAH : SHINING SPIRIT can involve the risk and danger of serious bodily injury including, but not limited to, temporary disability, permanent disability, serious injury, paralysis, death, and/or severe social and/or economic losses (collectively the “Risks”).
3. I understand that OSHA RUAH : SHINING SPIRIT is not aware of any preexisting medical condition I may have or have had and I take personal responsibility to modify my activities in accordance with my physical constraints.
4. I understand that the Risks and other dangers may be caused by my own actions, or inactions, the actions or inactions of others participating in the Activities, the conditions in which the Activities take place, the equipment used for such Activity or the negligence of the Undersigned.
5. I understand that there may be other risks and physical, social or economic losses either known or unknown to me or not readily foreseeable at this time.
6. I agree and warrant that I will examine and inspect each Activity in which I take part as a member of or participant in OSHA RUAH : SHINING SPIRIT, and further that if I observe any condition which I consider to be hazardous or dangerous, I will notify the proper authority in charge of the Activity and refuse to take part in the Activity until the condition has been corrected to my satisfaction.
7. In the event an Activity is beyond my physical or mental abilities I hereby agree to remove myself from participation until such time as I am mentally or physically able to participate.
8. I will comply with the stated and customary terms and conditions for participation.
9. I knowingly and freely assume all such risk, both known and unknown, even those arising from the negligent acts or omissions of others, and assume full responsibility for my participation.
10. I acknowledge the contagious nature of COVID-19 and other viruses and sicknesses and voluntarily assume the risk that I may be exposed to or infected by attending classes and events conducted by OSHA RUAH : SHINING SPIRIT, regardless of the location of classes and events, and that such exposure or infection may result in personal injury, illness, permanent disability or death. I understand that the risk of becoming exposed to or infected by COVID-19 and other viruses and sicknesses at the OSHA RUAH : SHINING SPIRIT facilities may result from the actions, omissions, or negligence of myself and others participating in activities.
11. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, hereby release, hold harmless, OSHA RUAH : SHINING SPIRIT, its administrators, shareholders, directors, agents, volunteers, organizers, sponsors, officers, officials, employees, affiliated clubs, advertisers, and, if applicable, owners and lessors of premises used to conduct the event, (all of which are hereinafter referred to as “Releasees,”) with respect to all and any injury, disability, death, or loss or damage to person or property, whether arising from the negligence of the Releasees or otherwise, to the fullest extent permitted by law and any and all liability, claims, demands, losses or damages, either at law or in equity.
12. I will indemnify, save and hold harmless each of the Releasees from any litigation expenses, attorneys fees, loss, liability, damage, increase in insurance premiums or payments, or cost that may incur as a result of any claim in which I participate. 13. I do hereby give OSHA RUAH : SHINING SPIRIT, its assigns, licensees, and legal representatives the irrevocable right to use my name, picture, portrait, video taped image or photograph in all forms and media and in all manners, including composite, for advertising, for publication or any other lawful purposes, and I waive any right to inspect or approve the finished product, including written copy, which may be created in connection therewith.
13. I fully accept and assume all Risks and all responsibility for any losses, costs and/or damages I incur or OSHA RUAH : SHINING SPIRIT incurs as a result of my participation in the Activities.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWABLE BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.