Palma Colectiva Event Waiver

All classes, workshops and retreats are non-refundable, however a credit may be issued should cancellation occur. I understand that yoga, breathwork, sound ceremony, tea ceremony, cacao ceremony, acupuncture, somatic movement and reiki may include physical movements as well as an opportunity for relaxation, stress reduction and relief of muscular tension. As is the case with any physical activity, the risk of injury, even serious or disabling, is always present. If I experience any pain or discomfort, I will listen to my body, adjust the posture, ask for help from the instructor and/or stop participating in class. Yoga, breathwork, sound, acupuncture, tea and reiki are not a substitute for medical attention, examination, diagnosis or treatment. Yoga is not recommended under certain medical conditions. I acknowledge and affirm that I am responsible to consult a physician and am solely responsible for deciding whether to participate in any class with PALMA Colectiva, LLC, its members, officers, employees, contractors, representatives, licensees and assigns (each and together “PALMA Colectiva”). In consideration of, and as an inducement and condition to, PALMA Colectiva and its instructors and representatives allowing me to participate in yoga, breathwork, sound and reiki classes, instruction, exercises, and other programs, events and activities conducted or organized by or through PALMA Colectiva, whether in-studio, on location, in person, online, live, recorded or otherwise (collectively, with all related activities, the “Activities”), and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I agree that: 1) I am fully aware of the risks and hazards involved in practicing yoga, breathwork, sound ceremony, cacao, tea, acupuncture, movement and reiki and participating in Activities with PALMA Colectiva 2) It is my responsibility to consult with a physician prior to and regarding my participation in the Activities 3) I understand that PALMA Colectiva reserves the right to refuse my participation in any activity based on medical, fitness or any other grounds. 4) I knowingly accept any and all risks associated with my participation in the Activities(including but not limited to, EMOTIONAL DISTRESS, PHYSICAL AND/OR MENTAL ILLNESS, SERIOUS PERSONAL INJURY, PERMANENT DISABILITY, DEATH, PROPERTY LOSS AND/OR COVID-19 RISKS, AS FURTHER DETAILED BELOW, which may be caused by my own actions or inactions, those of others participating in the Activities, the locations, places and/or buildings at, on or in which the Activities take place, the conditions at, on and in which the Activities take place (including equipment, ventilation and surfacing for the Activities), or the negligence or misconduct of any of the “Releasees” (defined below); and I fully accept and ASSUME ALL SUCH RISKS and all responsibility for losses, costs, and damages I or any third parties incur as a result of my participation in the Activities, including property theft. 5) I am aware that PALMA Colectiva from time to time may photograph, video, or record classes or events at its Activities and I grant PALMA Colectiva the right to tape, film and photograph me and record my voice, portrayal, likeness, conversation and sounds, including, without limitation, any performance of musical composition(s) during and in connection with the Activities (each and together Materials). I agree that PALMA Colectiva, LLC shall be the sole and exclusive owner of all rights and copyrights in and to the Materials as a work made for hire or under copyright assignment (if applicable), and PALMA Colectiva, LLC and its assigns shall have the irrevocable right to use, distribute, advertise, exhibit and otherwise exploit the Materials and my name in any manner and in any media, whether now known or hereafter devised, throughout the universe, in perpetuity, in whole or in part, as PALMA Colectiva, LLC, in its sole discretion, shall determine, without any additional payment to me, including, without limitation, in advertising, marketing, promotions, and merchandising and over the internet. I agree that PALMA Colectiva shall have no obligation to use the Materials and understand that I will have no right of review or approval of such Materials and that the rights granted above include, without limitation, the right to alter, edit and/or distort any or all of the Materials in any manner and that I waive any moral rights I may have in such Materials. I waive any rights to privacy, publicity and defamation, whether granted by statute or common law, that I may have in connection with such Materials and agree that in no event shall I be permitted to prevent the broadcast, exhibition, distribution or other exploitation of the Materials. 6) I, on behalf of myself and anyone who obtains any rights from or through me, including but not limited to, my heirs and beneficiaries, hereby forever and irrevocably release and discharge PALMA Colectiva, LLC, the owners, lessors, lessees and any other individual or entity with any interest in the locations, places and/or buildings at, on or in which the Activities take place; any individuals or entities involved in any capacity with the Activities (including, without limitation, any technology applications and platforms facilitating the Activities in any manner); any sponsors, advertisers or promoters of any of the foregoing; any of the respective parents, subsidiaries, affiliates, partners, members, owners, agents, contractors, subcontractors, administrators, licensees, designees, insurers, personal and legal representatives, successors and assigns of each of the foregoing; other participants in the Activities; and any director, officer, member, manager, partner, volunteer, employee, contractor, representative or agent of any of the foregoing (each a “Releasee” herein) from any and all liabilities, claims, demands, losses, damages, costs or expenses (including, without limitation, attorneys’ fees and costs) (collectively, “Losses”) arising out of or in any way related to my participation in or attendance at the Activities, in connection with my breach, negligence and/or misrepresentation (whether actual or alleged) of this Release.; my attendance at the locations, places and/or buildings at, on or in which the Activities take place; or any first aid, treatment or any like service rendered in connection with the Activities, including, but not limited to, Losses (including, without limitation, Losses from BODILY OR MENTAL INJURY, ILLNESS OR DEATH) caused or alleged to be CAUSED IN WHOLE OR IN PART BY (i) THE NEGLIGENCE OR MISCONDUCT of any Releasee or otherwise, including negligent rescue operations; (ii) any claim, action, suit or demand brought by any third party against any Releasee by reason of or in connection with my participation in or attendance at the Activities, or my attendance at the locations, places and/or buildings at, on or in which the Activities take place; (iii) the voluntary disclosure of my medical information; (iii) invasion of privacy, right of publicity, defamation, libel, slander, copyright infringement, trademark infringement, or any other claims or causes of action arising out of the use of my name, image, likeness, voice and/or other personal attribute(s) or other personal information. I further agree not to sue any Release or cause any Releasee to be sued regarding any matter released above, and to indemnify, defend and hold harmless each Release from and against any Loss regarding any matter within the scope of this Release. 7) This Release shall be governed by the laws of the State of California and if any conflict arises between us, I will mediate before submitting to binding arbitration in Santa Barbara. I understand that I am waiving my right to a jury trial. 8) This Release sets forth the entire understanding and agreement between PALMA Colectiva and me in connection with its subject matter and supersedes all previous or contemporaneous agreements, representations, communications, or understandings, whether oral and/or written. 9) If any provision of this Release shall be adjudged by a court to be void or unenforceable, the same shall not affect any other provision hereof, or the validity or enforceability of this Release. I will not attend in-studio or any other in-person Activities conducted or organized by or through PALMA Colectiva if I am exhibiting symptoms of COVID-19 (which can include fever, cough, shortness of breath or difficulty breathing, chills, repeated shaking with chills, muscle pain, headache, sore throat, new loss of taste or smell), or if I have been exposed to a third party who has exhibited COVID-19 symptoms in the fourteen (14) days preceding my participation in the Activities. I understand and expressly agree that my use of PALMA Colectiva studio or participation in any other in-person Activities conducted or organized by or through People’s Yoga involves the risk that I could contract COVID-19 notwithstanding the mitigation measures in place by PALMA Colectiva. I understand that these risks are inherent to my use of the facilities or participation in such Activities and can range from mild symptoms to major illness, including death. “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”If Participant is Under 18 Years of Age: If you are under 18 years of age, you represent and warrant to People’s Yoga that your parent or legal guardian has reviewed this Release and agrees as follows: I am the parent or legal guardian of participant; I consent to, join in and approve the foregoing terms and conditions of this Release; I will ensure that my child honors his/her obligations hereunder; and I will indemnify, defend and hold Releases harmless from and against any Losses arising out of or in any way related to (i) this Release or the rights granted herein, (ii) my child’s attendance at or participation in any of the Activities, or my child’s attendance at the locations, places and/or buildings at, on or in which the Activities take place, (iii) any breach of the above representations, warranties and agreements, or (iv) any attempt to rescind, limit or disaffirm the foregoing. I hereby expressly approve of my child’s attendance at or participation in any or all of the Activities, and my child’s attendance at the locations, places and/or buildings at, on or in which the Activities take place. By signing, I agree to be bound by this Release. I represent and warrant that I am of legal age to enter into contracts or if I am a minor, I represent and warrant that I have obtained the consent of my parent or legal guardian for me to enter into this Release.