Shift with Alexandra LLC and Alexandra Ruth Smyth Release of Liability, Waiver and Assumption of Risk Agreement
In consideration of being permitted to participate in any way in Breathwork Training, as well as any related events or activities with Shift with Alexandra LLC and Alexandra Ruth Smyth (hereinafter collectively the Activities) I, the undersigned, hereby acknowledge, understand and expressly agree as to the following:
(1) Breathwork can result in intense physical and emotional release. Therefore, it is not advised for persons with a history of cardiovascular disease, including angina or heart attack, high blood pressure, use of a pacemaker, glaucoma, retinal detachment, osteoporosis, significant recent physical injuries or surgery.
(2) Breathwork is not advised for persons with mental illness or seizure disorders or for persons using major medications. It is also unsuitable for anyone with a personal or family history of aneurysms. Pregnant women are advised against practicing Breathwork without first consulting and getting approval from their primary care physician. Persons with asthma should bring their inhaler and consult with their primary care physician and the Breathwork class facilitator. This work is deeply experiential. It may involve intense and energetic emotional release.
(3) On behalf of myself, my spouse, my minor children, wards, relatives, or other persons under my care, my parents, next of kin, my heirs, assigns, agents, personal representatives, and estate (hereinafter collectively "RELEASING PARTIES”) I HEREBY RELEASE, INDEMNIFY AND HOLD HARMLESS Shift with Alexandra LLC and Alexandra Ruth Smyth and their employees, agents, representatives, team members, as well as its owners, principals, employees. agents and representatives (hereafter collectively "Shift with Alexandra LLC and Alexandra Ruth Smyth RELEASEES” WITH RESPECT TO ANY AND ALL INJURY whether physical mental, psychological or emotional or ANY LOSS or DAMAGE to PERSON or PROPERTY of any kind, WHETHER ARISING FROM THE NEGLIGENCE OF Shift with Alexandra LLC and Alexandra Ruth Smyth RELEASEES OR OTHERWISE to the fullest extent permitted by law.
(4) To the fullest extent allowed by law, I agree to defend, indemnify, and hold harmless Shift with Alexandra LLC and Alexandra Ruth Smyth RELEASEES for all costs and expenses, including but not limited to all legal fees incurred by Shift with Alexandra LLC and Alexandra Ruth Smyth in defending any claim brought against any or all of Shift with Alexandra LLC and Alexandra Ruth Smyth RELEASEES by any of the RELEASING PARTIES and further agree to pay the full amount of any judgment, award or verdict that might be entered against any of Shift with Alexandra LLC and Alexandra Ruth Smyth RELEASEES and/or in favor of any or all of the RELEASING PARTIES.
(5) Understand that there exists a risk of physical mental, psychological or emotional Injury or death from the Activities, and although personal discipline or compliance with the guidance of Shift with Alexandra LLC and Alexandra Ruth Smyth RELEASEES may reduce this risk, the risk of such injury nevertheless does exist.
(6) I am fully aware that the Activities could be hazardous resulting in injury or death. I fully acknowledge that I am voluntarily participating in the Activities with knowledge of the danger involved, and I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation.
(7) I agree to comply with the stated and customary guidance and norms of participation in the Activities If. However, I observe any unusual hazard during my presence or participation, I will immediately remove myself from participation in the Activities and bring such to the attention of the nearest official.
(8) I know, understand and acknowledge that Shift with Alexandra LLC and Alexandra Ruth Smyth RELEASEES are NOT physicians, psychologists, therapists, or healthcare professionals, and the Activities being offered are NOT intended to treat or diagnose, and does NOT include treatment for or diagnosis of, any illnesses, diseases or disorders, whether physical, mental, psychological, or emotional.
(9) I promise, represent and certify that I am in good health physically, mentally, psychologically and emotionally, and fully understand and acknowledge that if I were not in such good health, I would not be permitted to partake in the Activities. As such, my promise, representation, and certification that I am in good health in each of the above-enumerated ways constitutes a material term upon which Shift with Alexandra LLC and Alexandra Ruth Smyth RELEASEES are relying in permitting me to partake in the Activities.
(10) If I am pregnant or become pregnant or am postnatal, I will not participate in the Activities without first discussing the risks with my doctor, and I will only participate in the Activities if I have my doctor's full approval. I will not hold the RELEASED PARTIES responsible for any injuries to my pregnancy caused in part or in whole by my failure to follow my doctor's recommendation.
(11) To the fullest extent allowed by law. I on behalf of myself and all RELEASING PARTIES, hereby forever unconditionally and irrevocably waive and release any and all claims I now have or may in the future have against Shift with Alexandra LLC and Alexandra Ruth Smyth RELEASEES with respect to any injury, loss or damage suffered as a result of participating in the Activities or any of the future Activities in which I may participate I understand and agree that this Release of Liability, Waiver and Assumption of Risk Agreement (hereinafter "Agreement”) extends to and includes any and all damages, injuries, and claims which I do not anticipate or know to exist and to any and all damages, injuries, or claims which may develop in the future, and I hereby expressly waive and relinquish any and all rights under any law or statute to the contrary.
(12) After being fully informed of the above, I on my own behalf, and to the fullest extent allowed by law, on behalf of all RELEASING PARTIES expressly agree and promise to accept and assume all of the risks Inherent to and existing in connection with the Activities, and I voluntarily elect to participate in the Activities
(13) Although this Agreement fully and completely releases Shift with Alexandra LLC and Alexandra Ruth Smyth RELEASEES from any and all liability of any kind and of any nature in any way connected to, arising from or relating to the Activities at issue I further acknowledge and agree that to the extent that I violate the plain terms of this Agreement by filing a claim, suit or other action against any of the Shift with Alexandra LLC and Alexandra Ruth Smyth RELEASES, any such claim, suit or other action shall be filed solely and exclusively before the American Arbitration Association is governed by the Commercial Rules of Arbitration with the initiating panty bearing the fees and costs associated with arbitration, and with the prevailing party entitled to recover reasonable attorneys fees and costs associated with the arbitration Any legal or equitable claim that may arise from participation in the above shall be resolved under Key West and Monroe County, Florida, United States and Bali, Indonesia law.
(14) I acknowledge, understand, and agree that this Agreement, and all of the releases, terms and conditions contained herein shall apply with equal force and govern any future Activities in which partake with Shift with Alexandra LLC and Alexandra Ruth Smyth or any of the other Shift with Alexandra LLC and Alexandra Ruth Smyth RELEASEES, thus obviating the need for me to sign this Agreement each and every time I partake in the Activities.
(15) I understand and agree that Shift with Alexandra LLC and Alexandra Ruth Smyth RELEASEES are not responsible for property that is lost, stolen, or damaged while in, on, or about the premises.
(16) To the extent that any portion, clause or aspect of this agreement is found to be invalid, void or unenforceable, all other portions, clauses or aspects of this agreement shall remain in full force and effect.
(17) I have read this release of liability and assumption of risk agreement, fully understand the terms and I have either consulted an attorney or at my sole discretion, elected not to do so.
(18) I understand that I am providing this release as consideration, in part, for participation in the Activities. As such, I understand that I wish to her negotiate the terms of this Agreement. I may do so by speaking with one of Shift with Alexandra LLC and Alexandra Ruth Smyth RELEASEES.
(19) I understand that I have given up substantial rights by signing this release of liability and assumption of risk agreement and sign it freely and voluntarily without any inducement.
By signing this document, I acknowledge that if anyone is injured or killed, or if property is
damaged, during my participation in the activities, I will be found by a court of law to have waived all right to maintain suit against any of Shift with Alexandra LLC and Alexandra Ruth Smyth RELEASEES and/or that I will be found to be fully responsible for all attorney fees and all other costs incurred by Shift with Alexandra LLC and Alexandra Ruth Smyth RELEASEES and/or that I will be found personally liable for any judgment, award or verdict entered to maintain suit against any of Shift with Alexandra LLC and Alexandra Ruth Smyth RELEASES and/or that I will be found to be fully responsible for all attorney fees and all other costs incurred by Shift with Alexandra LLC and Alexandra Ruth Smyth RELEASEES and/or that I will be found personally liable for any judgment, award or verdict entered against any of Shift with Alexandra LLC and Alexandra Ruth Smyth RELEASEES.
I understand that there exist known and unknown dangers of serious injury and death associated with the activities, some of which are referenced above, I nevertheless choose to participate in the activities.