THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS. YOU NEED TO READ ALL OF IT CAREFULLY. YOU MAY NOT PARTICIPATE IN SATORI VIOLET, LLC D/B/A ROYGBI EVENT(S) REFERENCED BELOW UNLESS YOU ARE AT LEAST 18 YEARS OLD (OR HAVE PARENTAL APPROVAL) AND HAVE THOROUGHLY READ THIS DOCUMENT.
I, the Member named above (hereinafter “Participant”), being above age 18 or having the consent and approval of my parent or legal guardian, agree as follows:
I want to participate in the production(s), event(s), workshop(s) or class(es) (the “Event(s)”) available by roygbi either online or at Menari Body Works 121 E Cherry St, Mankato, MN 56001 (and/or other designated location) arranged or offered by Satori Violet, LLC d/b/a roygbi (“roygbi”). I acknowledge and understand that attending, participating or assisting someone to participate in the Event(s) (“Participating”) will involve strenuous physical exertion, require a significant degree of skill and experience and could be physically hazardous or dangerous.
I hereby represent and warrant that I have the physical ability and skill necessary for Participating in the Event(s) and do not have any limitation, condition or problem which would inhibit my ability to participate properly and safely. I understand that, even with proper physical conditioning, skill and experience, Participating in the Event(S) could result in damage to property and/or serious bodily injury, permanent disability, exposure to communicable diseases or infectious illnesses, or even death. I am fully aware of, UNDERSTAND and KNOWINGLY, willingly AND VOLUNTARILY accept AND ASSUME such risks, hazards, and dangers, INCLUDING ANY AND ALL RISKS OF LOSS, DAMAGE, INJURY OR DEATH AS A RESULT OF PARTICIPATING IN THE EVENT(S). I am also aware that such risks, hazards and dangers are significantly increased by Participating without appropriate conditioning, skill and experience.
For any online or virtual Event(s), Participant acknowledges and agrees that they are solely responsible for creating and maintaining a safe, clear, and obstacle-free physical environment suitable for participation.
In addition, I acknowledge and understand that roygbi does not own or control the premises, building or location where the Event(s) will take place (the “Premises”) and does not assume any responsibility or liability for the condition or maintenance of the Premises.
In consideration for being permitted to participate in the Event(s), I hereby agree to:
1.
RELEASE AND FOREVER DISCHARGE roygbi, its agents, servants, employees, independent contractors, officers, directors, trustees, owners and all other persons or entities acting on its behalf; together with the owner(s) and/or lessor(s) of the real property and improvements where the Event(s) is/are being held and their agents, servants, employees, officers, directors, trustees and all other persons or entities acting on their behalf (collectively, the “Covered Parties”), from any and all claims, actions, damages, liability, costs or expenses and attorneys’ fees which are related to, arise out of, or are in any way connected to Participating in the Event(s), whether or not such claims, actions, damages, liability, costs or expenses are caused by the negligence of a Covered Party or any other attendee or participant in the Event(s), or otherwise;
2. WAIVE AND SURRENDER any rights that I, my heirs, next of kin, family, relatives, guardians, executors, administrators, trustees and assigns may have or possess to sue or exercise any remedy or legal right to seek damages from any Covered Party for any such claims, actions, damages, liability, costs or expenses; and
3.
INDEMNIFY, HOLD HARMLESS AND DEFEND each Covered Party from any and all claims, actions, damages, liability, costs, expenses and attorney fees arising out of or in connection with my Participation in or presence at the Event(s).
Notwithstanding anything herein to the contrary, the above subsections (1), (2) and (3) will not apply to claims, actions, damages, liability, costs or expenses caused by the gross negligence or intentional misconduct of a Covered Party.I acknowledge that my presence at roygbi Event(s) and my decision to participate are strictly voluntary choices, in spite of the unavoidable risks, hazards and dangers of such activity. At all times when participating in the Event(s), I agree to limit my activities, as appropriate for my level of conditioning, skill and experience. I agree not to take any unreasonable risks while participating or to cause any other persons present to take or be exposed to any unreasonable risk or harm. I agree to comply with all of the stated and customary terms, rules and conditions for Participating in such Events(s). If I become aware of any unusual hazard during my presence at the Event(s) or while Participating, I will immediately stop Participating and bring such hazard to the attention of the nearest roygbi employee, official or representative immediately.
I hereby irrevocably grant to roygbi, and its representatives, licensees, designees, permittees and assigns, the right and authority to film, videotape, photograph and/or record, in any manner or medium, me in connection with any Event(s), and to use such film, videotape, photography and/or recordings (“Products”) in perpetuity, any number of times, for any purpose and in any manner or medium now or hereafter known in connection with the display, distribution, promotion, marketing or sale of Products by any means and through any channels, including, without limitation, in or on any website, marketing, advertising, promotions and packaging relating to roygbi. I also authorize roygbi to enter my email address, cellular number or other contact information into their marketing list and to receive information via this list from roygbi.
I give consent and permission to roygbi and its representatives, as necessary in their discretion and judgment, to obtain on my behalf any emergency medical attention and treatment in case of sickness, accident or injury and to secure such medical attention and treatment at my sole expense.
SEVERABILITY: If any provision or portion of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions of this Agreement shall remain in full force and effect.
GOVERNING LAW AND VENUE: This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Minnesota, without giving effect to any conflict of laws principles. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Event(s) shall be instituted exclusively in the state courts located in Blue Earth County, Minnesota, and each party irrevocably submits to the exclusive jurisdiction of such courts.
This Agreement shall be effective and binding upon my heirs, agents, personal representatives, and assigns.
BY COMPLETING REGISTRATION THROUGH PAYMENT, I HEREBY CERTIFY THAT I AM OVER 18 YEARS OF AGE OR THAT I HAVE THE REQUISITE CONSENT AND APPROVAL OF MY PARENT OR LEGAL GUARDIAN. I HAVE CAREFULLY READ AND UNDERSTAND THIS ENTIRE AGREEMENT AND AGREE TO ALL OF THE ABOVE TERMS AND CONDITIONS. PRIOR TO SIGNING OR ACCEPTING THIS AGREEMENT, I HAVE HAD THE OPPORTUNITY TO ASK ANY AND ALL QUESTIONS ABOUT THE EVENT(S), PARTICIPATION AND/OR THIS AGREEMENT. I AM AWARE THAT BY COMPLETING REGISTRATION, I ASSUME ALL RISKS AND WAIVE AND RELEASE CERTAIN SUBSTANTIAL RIGHTS THAT I, MY HEIRS, NEXT OF KIN, FAMILY, RELATIVES, GUARDIANS, EXECUTORS, ADMINISTRATORS, TRUSTEES AND ASSIGNS MAY HAVE OR POSSESS AGAINST SATORI VIOLET, LLC D/B/A ROYGBI OR ANY OTHER COVERED PARTY FOR DAMAGE OR HARM ARISING FROM OR OCCURRING AT, DURING OR IN CONNECTION WITH MY PRESENCE AT OR PARTICIPATION IN THE EVENT(S).