Liability Waiver.

ASSUMPTION OF RISK: I agree that if I engage in any physical exercise or activity, including personal training, or enter our premises or use any facility or equipment on our premises for any purpose, I do so at my own risk and assume the risk of any and all injury and/or damage I may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment, whether provided to me by Seek Studio and its teachers or otherwise, including injuries or damages arising out of the negligence of the teacher, whether active or passive, or any of the teacher or studio’s affiliates, employees, agents, representatives, successors, and assigns. My assumption of risk includes, but is not limited to, my use of any exercise equipment (mechanical or otherwise), studio areas or other areas, locker rooms, bathrooms sidewalks, parking lots, stairs, lobby or other general areas of any facilities, or any equipment. I assume the risk of my participation in any activity, class, program, instruction, or event, including but not limited to yoga, strength and conditioning, weightlifting, TRX, aerobic activities, or any other sporting or recreational endeavor. I agree that I are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to me or my property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of Seek Studio, the teacher or otherwise. 

RELEASE: I agree on behalf of myself (and all my personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Seek Studio teachers (and Seek Studio’s affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Seek Studio or its teachers, whether active or passive, or any of Seek Studio’s affiliates, employees, agents, representatives, successors, and assigns. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) my use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, (c) negligent instruction or supervision, including personal training, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of a premises or while traveling to or from personal training, including injuries resulting from Trainer’s or anyone else’s negligent inspection or maintenance of the facility or premises. 

INDEMNIFICATION: By execution of this agreement, I hereby agree to indemnify and hold harmless Seek Studio and its teachers from any loss, liability, damage, or cost Seek Studio or its teachers may incur due to the provision of yoga and fitness classes by Seek Studio to me. 

ACKNOWLEDGMENTS: I expressly agree that the foregoing release, waiver, assumption of risk and indemnity agreement is intended to be as broad and inclusive as permitted by the law in the State of Utah and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. I acknowledge that Seek Studio and its teachers offer a service to his/her clients encompassing the entire recreational and/or fitness spectrum. Seek Studio and its teachers are not in the business of selling weightlifting equipment, exercise equipment, or other such products to the public, and the use of such items is incidental to the service provided by the teacher. I acknowledge and agree that Seek Studio teachers do not place such items into the stream of commerce. This release is not intended as an attempted release of claims of gross negligence or intentional acts. 

I acknowledge that I have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk and indemnity agreement. I am aware and agree that by executing this waiver and release, I am giving up my right to bring a legal action or assert a claim against Seek Studio and/or its teachers for negligence, or for any defective product used while attending Seek Studio classes or on Seek Studio building premises. I have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.