HEAD OVER HEELS LLC dba

Bluebird Sky Yoga

PARTICIPANT AGREEMENT

This agreement (“Agreement”) is an important legal document. It explains the responsibilities and risks you, as a Participant, are assuming by participating in any yoga, Pilates, dance or other fitness activities (“Activity”) with Head Over Heels Yoga LLC, a District of Columbia Limited Liability Company doing business as Bluebird Sky Yoga. This Agreement asks you to exempt and release Head Over Heels LLC, its employees, agents, and associated personnel, (collectively, “Company”) and to hold Company harmless from any and all liabilities arising from acts or omissions on its part, including but not limited to negligence of any type. It is critical that you read and understand this Agreement completely. After you have done so, please sign as indicated.

In consideration of Company’s agreement to provide the Activity and the privilege of participating in the Activity, I, the undersigned Participant, agree to the following:

A. Release and Waiver of Liability.

1. Release and Waiver. By signing this Agreement, I hereby forever waive and release Company, its members, owners, employees, trustees, contractors, volunteers, representatives, agents, assigns, successors, and anyone else acting for or on its behalf (collectively referred to herein as “Company”) from any and all liability present, past and in the future relating to, connected with, or arising out of the Activity. I hereby on behalf of myself, my spouse, heirs, next of kin, assigns, executors, administrators, agents, successors, legal representatives or any others who may claim on my behalf, promise not to sue, and hereby forever irrevocably waive, release, remise and discharge Company from any and of any and all liability, claims, demands, actions or rights of action, or damages of any kind related to, arising from, or in any way connected with, my participation in the Activity, whether as a spectator, participant, or otherwise. This Release and Waiver applies to all claims, demands, damages, costs, expenses, actions and causes of action foreseen or unforeseen, including negligence and breach of statutory or other duty of care. I understand and agree that this entire Agreement and Release and Waiver is intended to be as broad and inclusive as permitted by law. This Release and Waiver includes, without limitation, injuries that may occur as a result of Company’s instruction, training, or supervision; injuries that may occur as a result of equipment that may malfunction or break; any slip or fall or other injury related to the location at which the Activity occurs; and ailments during or post Activity participation. I UNDERSTAND THAT I HAVE FORFEITED MY RIGHTS TO SUE COMPANY, AND THAT THIS IS A RELEASE OF LIABILITY THAT IS VALID FOREVER. I agree that if I, or anyone on my behalf, assert a claim contrary to what I have agreed to herein, the claiming party shall be liable for the expenses (including legal fees) incurred by Company in defending such claim.

2. Indemnification. I assume full responsibility for my participation in the Activity, and I shall indemnify, defend, and hold harmless, at my sole expense, Company from and against any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including attorney’s fees, arising out of or in any way relating to my participation in the Activity, whether now or in the future, including but not limited to those claims arising from any known or unknown preexisting injury or medical condition. I accept financial responsibility for any injury or damage that I may cause either to myself, to any other individual, to the Activity equipment, or to the premises in which the Activity occurs. Should the Company, or anyone acting on its behalf be required to incur attorney fees and costs to enforce this Agreement, I agree to reimburse them for such fees and costs.

B. Acknowledgement and Assumption of the Risk.

Assumption of the Risk. I have freely chosen to participate in the Activity. I understand that the Activity includes physical activities that require stretching, movement and/or physical exertion, and I understand that there are inherent risks associated with the Activity that may result in injury, even serious or disabling, or death, and that this risk is always present and cannot be entirely eliminated. I am aware that specific risks vary within the Activity, and the risks range from minor injuries to major injuries, such as catastrophic injuries including death. I affirm that I alone am responsible for deciding whether I am physically fit to participate in the Activity. I acknowledge that I take full responsibility for my life and well-being, as well as the lives and well-being of my family and children (where applicable), and for all decisions made before, during and after the Activity. I hereby expressly assume the risks of the Activity, including the risk of injury, accident, death, loss, cost or damage to my person, my family and my children, or my property. I further understand that I have the complete right to stop or decrease participation at any time during the Activity, or to leave the Activity, and that it is my obligation to inform a Company representative of any symptoms such as pain, fatigue, shortness of breath or chest discomfort. Knowing the material risks and appreciating, knowing and reasonably anticipating that other injuries are a possibility, I hereby forever expressly assume all of the delineated risks of injury, all other possible risk of injury, and even risk of possible death, which could occur by reason of my participation in the Activity.
Loss of Property. I understand and agree that all my personal belongings are brought by me to the Activity at my sole risk as to such property’s theft, damage, or loss. I understand and agree that Company shall not be liable for the disappearance, loss, theft, or damage to my personal property, including but not limited to money, negotiable securities, items left behind, or jewelry.
No Warranties, or Liability Representations. Company offers no warranties regarding the Activity. Company expressly notes that results of the Activity will differ for Participants based upon various factors including, but not limited to body type and physical health, and no guarantees of results are possible. I understand and agree that Company may not be held liable for my injuries sustained as a result of the Activity. I further understand and acknowledge that Company is providing recreational services and shall not be held liable for the safety of Activity facilities or equipment, whether provided by me, Company, or anyone else.

C. Rules and Regulations. I agree to abide by the rules, regulations, and schedules of Company. I agree that if I do not do so, or if for any other reason a Company representative believes that my behavior or presence is not in the best interests of Company or another Activity participant, a Company representative may ask me to leave the Activity, and I agree to immediately do so.

D. Cancellation Policy. I agree to the Company policy that cancellations must be made at least two (2) hours in advance of the class time. If I cancel with less than two (2) hours advance notice, I understand that I will be charged in full for the class for which I registered and did not attend.

E. Right of Publicity Release and License. I hereby irrevocably grant Company the unrestricted right to use my name, appearance, image, likeness, voice, identity, picture, or personal story (together my “Likeness”) in any manner in connection with its business (including without limitation for purposes of advertising and trade). Company shall have the unrestricted right to any photograph or video in which I appear while participating in the Activity. I release my rights of publicity, editorial rights, or other rights with respect to my Likeness in connection with Company's business and acknowledge I will not receive any compensation for the use of my Likeness.

Opt out of Publicity Release and License: By initialing here, I do NOT grant Company the publicity release and license set forth in Paragraph D ____.

F. Emergencies. I hereby consent to receive any type of first aid treatment or emergency care, from any Company representative due to an accident, injury or illness during the Activity. I give Company permission to seek emergency medical services for me in those circumstances and agree that I am responsible for any expenses incurred. I hereby agree to hold harmless and indemnify Company from any and all liability arising as a consequence of Company providing or failing to provide first aid or seeking emergency medical services for me.

Emergency Contact Person: In the event of an emergency, I hereby consent to Company contacting the following individual(s) regarding my condition:

Name______________________; Relationship to Participant: ________________; Phone____________________

G. Dispute Resolution. This Agreement and the interpretations hereof shall be governed exclusively by its terms and by the laws of the District of Columbia, without reference to any choice of law provisions. The parties hereto acknowledge and agree that any legal action brought pursuant to this Agreement shall only be of proper venue exclusively within the courts of the District of Columbia. Any litigation relating to this Agreement, brought by me shall be commenced and maintained only in a federal or state court in the District of Columbia; and I hereby consent to personal jurisdiction and venue in any such court. EACH PARTY, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER MATTERS INVOLVING THE PARTIES HERETO. Except as otherwise provided herein, the prevailing party in any lawsuit or other proceeding regarding this Agreement shall be entitled, in addition to other costs and damages, to reasonable attorneys’ fees and litigation expenses.

H. Minor Participant. If the individual participating in the Activity is under eighteen (18) years of age (the “Minor”), the Minor’s parent or legal guardian has signed and dated this Agreement on the Minor’s behalf, acknowledging that they, on behalf of themselves and the Minor, are knowingly and voluntarily agreeing to all the terms of this Agreement.

I. Miscellaneous. I acknowledge that any violation of this Agreement may subject Company to irreparable injury not fully compensable in monetary damages, and that in the Activity of such a violation Company shall be entitled to preliminary or permanent injunctive relief. I further consent to court enforcement of the specific language of this Agreement. I agree that my obligations as detailed herein shall continue in effect after termination of this Agreement, regardless of the reason, and whether such termination is voluntary or involuntary. I acknowledge and understand that the terms contained in this Agreement are fair and reasonable and are reasonably required for the protection of Company. If any provision of this Agreement (or portion thereof) is held to be invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision (or portion thereof) of this Agreement that can be given effect without the invalid provision. In such Activity, all parties agree that the court making such determination shall have the power to alter or amend such provision so that it shall be enforceable to the maximum extent permitted by law. I hereby agree that this Agreement shall be effective and binding on my spouse, heirs, next of kin, executors, administrators, successors, representatives, assigns and/or transferees in the Activity of my death or incapacity. This Agreement constitutes the entire agreement between the parties and supersedes all previous agreements on this matter. There are no other written or oral agreements, representations, or understandings with respect to the subject matter of this Agreement.

I ACKNOWLEDGE THAT I HAVE THOROUGHLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I VOLUNTARILY AND KNOWINGLY AGREE TO THE TERMS AND CONDITIONS STATED HEREIN. I RECOGNIZE THAT BY SIGNING THIS DOCUMENT, I AM WAIVING CERTAIN LEGAL RIGHTS, INCLUDING ANY RIGHT I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS AND ASSIGNS MIGHT HAVE TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST COMPANY. I INTEND FOR MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY OF COMPANY TO THE GREATEST EXTENT PERMITTED BY LAW.

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Signature (Participant) Date: __/___/___

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Printed Name (Participant)

If Participant is under age eighteen (18):

As the parent or legal guardian of _________________________________, I have read, understood and consented to the above Agreement on behalf of myself and my minor child.

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Signature (Parent/Legal Guardian of Participant under 18) Date: __/___/___

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Printed Name (Parent/Legal Guardian of Participant under 18)