THE ART OF CHARM, INC.
LIABILITY WAIVER AND RELEASE
aka “You’re a Grown-Up and Responsible for Yourself”
Name of Event: The Art of Charm Training Programs
VOLUNTARY ASSUMPTION OF RISK: I understand and acknowledge that the event in which I will voluntarily engage (the “Boot Camp”) as a participant bears certain inherent risks and unanticipated risks which could result in property damage, personal injury, disability, dismemberment or even death. The risks include, but are not limited to, injuries and damages caused by the use or misuse of any equipment, exposure to allergens or pathogens, and the actions of other people, including coaches, assistants, participants and observers. I understand that these risks may result from the actions, negligence and/or failure to act of myself and others and/or from the condition of any facilities or equipment used at the Boot Camp. I acknowledge that there can be no guarantee of my safety. I also understand that there may be risks involved which are not known to me or to others, and may not be foreseen or reasonably foreseeable by me at this time or at the time of the activities in which I may participate. I expressly ASSUME THE RISKS of any injury or death or any property damage resulting from my participation in the Boot Camp. I accept personal responsibility for any and all such injuries or damages.
NO UNAUTHORIZED PHOTOGRAPHY/VIDEO ALLOWED: In order to maintain a safe and healthy environment, no photography or video or audio recordings is permitted by anyone other than authorized agents of The Art of Charm, Inc. (“Art of Charm”).
RELEASE OF LIABILITY: In consideration of my being able to attend and/or participate in the Boot Camp, I hereby release and forever discharge and agree to save and hold harmless Art of Charm and its shareholders, directors, officers, affiliates, managers, employees, contractors, agents, representatives, successors and assigns (each such entity or individual, including Art of Charm, being referred to as a “Released Party”) from any and all injuries (including personal injury, disability, dismemberment and death), illness, losses, damages, claims, liabilities, costs or expenses of any kind or nature (and whether accruing to me or my heirs, executors, administrators or legal representatives) which I now have or may hereafter have against any Released Party by reason of any matter arising out of or in connection with the Boot Camp or my participation therein or attendance thereat.
MEDICAL SERVICES: I hereby further release and forever discharge Art of Charm from any claim whatsoever which arises or may hereafter arise on account of any first-aid treatment or other medical service rendered in connection with my attendance or participation at the Boot Camp.
GENERAL RELEASE: I understand that the waivers and releases stated herein will be, and remain in effect as, a full and complete general waiver and release notwithstanding my discovery of facts different from or in addition to those which I now know. I acknowledge that I am familiar with the provisions of California Civil Code Section 1542, which provides as follow:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
COVENANT NOT TO SUE: I hereby covenant not to sue any of the Released Parties, or otherwise be a party to any lawsuits, claims, demands or other actions at law or in equity against any of the Released Parties, in each case with respect to any of the matters released above.
GENERAL PROVISIONS: This Release will be governed by California law without giving effect to its choice of law rules. This Release is the entire agreement between the parties with respect to subject matter hereof, and all prior negotiations or agreements are merged into this Release. The invalidity or unenforceability, in whole or in part, of any provision of this Release will not affect the validity or enforceability of any other of its provisions.
REPRESENTATIONS REGARDING AGE: It is the policy of Art of Charm that anyone under the age of 18 will not be allowed to participate at the Boot Camp. It is further the policy of Art of Charm that, while individuals between the ages of 18 and 20 may be allowed to participate at the Boot Camp, certain activities, as solely determined by Art of Charm, are not permitted by anyone under the age of 21.
I acknowledge and agree that I have read and fully understand the terms of this Liability Waiver and Release, and I have knowingly and freely executed this waiver as of the date listed below.