Waiver and Release
This Waiver and Release is for the benefit of Studio Friction, their agents, board member, officers, volunteers, educators, instructors, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "SF"). Studio Friction is a private social club where people gather to engage, practice, and learn rope bondage/shibari, aerial dance/arts, and other kink related topics with other likeminded individuals and purchase products to engage in such ("facilities, services and products"). Studio Friction hereby offers its facilities, services and products on the condition that each participant agrees to execute this Waiver and Release. In consideration of the agreement by Studio Friction to permit the individual named below (the “Participant”) to use its facilities, services and products and participate in activities and programs related thereto, the Participant hereby voluntarily acknowledges and agrees to all of the following terms and conditions:
1. Participant’s Assumption of All Known and Unknown Risks. The Participant understand, acknowledge, and agree that use of the facilities, services and products offered by SF may present certain significant risks or dangers, both known and unknown, to myself, including but not limited to any or all of the following: Death, serious bodily injury, emotional harm, paralysis, damage to self, property, or to third parties, cuts, bruises, sprains, strains, nerve damage, broken bones, and other injuries associated with falls. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activities provided by Studio Friction. PARTICIPANT’S USE OF THE FACILITIES, SERVICES AND PRODUCTS OF STUDIO FRICTION IS AT PARTICIPANT’S OWN RISK. PARTICIPANT ASSUMES FULL AND EXCLUSIVE RESPONSIBILITY FOR ALL RISKS OF BODILY INJURY, DEATH, EMOTIONAL HARM, PROPERTY LOSS OR DAMAGE AND/OR OTHER PECUNIARY HARM INCURRED WHILE PARTICIPANT IS AT THE FACILITIES OF STUDIO FRICTION OR ARISING DIRECTLY OR INDIRECTLY FROM PARTICIPANT’S USE OF THE FACILITIES, SERVICES AND/OR PRODUCTS OF STUDIO FRICTION, WHETHER OR NOT CAUSED BY THE ACTS OR OMISSIONS, NEGLIGENT OR OTHERWISE, OF PARTICIPANT, OTHER PARTICIPANTS, SF, ANY AGENT, BOARD MEMBER, EMPLOYEE, OFFICER, VOLUNTEER, OR AGENT OF STUDIO FRICTION OR OTHERWISE.
2. Waiver and Release of All Claims; Covenant Not to Sue. In consideration of being permitted access to the facilities, services and products of Studio Friction, Participant, for himself or herself, and for his or her heirs, executors, successors, assigns, legal representatives, spouse and agents, to the fullest extent allowed by law, expressly intends to release and waive, and by execution of this Waiver and Release does hereby release, waive and forever discharge Studio Friction and its affiliates, predecessors, successors, assigns, subsidiaries, managers, members, board of directors, employees, educators, instructors, volunteers, agents, attorneys, insurers, and representatives (individually and collectively, the “Releasees”), without reservation or condition, from and against any and all liability, claims, demands, actions or causes of action which Participant a may now have, ever had, hereafter have or claim to have against any or all of the Releasees, known or unknown, in any way related to Participant’s use of the facilities, services and/or products of Studio Friction, and Participant further waives any and all rights he or she may now have, ever had, hereafter have or ever claim to have in the same. Participant expressly agree and covenant that, to the extent permitted by applicable local, state and federal law, neither Participant nor the Participant’s heirs, executors, successors, assigns, legal representatives or agents will (i) commence, prosecute, or cause to be commenced or prosecuted against the Releasees, or any of them, any action or other proceeding based upon or related to any claim which is released hereby, or (ii) seek to challenge the validity or enforceability of this Waiver and Release.
3. Indemnification. Participant hereby agree to fully indemnify Releasees and each of them from and against any and all losses, claims, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) (collectively “Claim” or “Claims”), incurred by the Releasees or any of them due to or arising in any way from Participant’s use of the facilities, services and products of Studio Friction, whether the same is caused by the negligence of any of the Releasees or otherwise, and regardless of whether or not suit is filed in connection therewith.
4. Use of Facilities, Services and Products. Participant hereby agrees to comply with all applicable laws and ordinances and all rules, policies and directives of Studio Friction while Participant is using the facilities, services and/or products of SF, and Participant hereby agrees to read and comply with any and all rules, regulations and restrictions which may be posted or communicated by Studio Friction with respect to the permitted use of its facilities, services and/or products. Participant’s compliance with any or all of the foregoing shall not in any way affect the enforceability of this Waiver and Release.
5. Disclaimer of Warranties; Exclusion of Remedies. ALL STUDIO FRICTION PRODUCTS AND SERVICES ARE SOLD “AS IS” TO PARTICIPANT, AND SF HEREBY FOREVER DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO ANY AND ALL OF THE SAME, INCLUDING ANY WARRANTY IMPLIED BY LAW, WHETHER OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED AND EXCLUDED. PARTICIPANT SHALL NOT BE ENTITLED TO COLLECT, AND IN NO EVENT, SHALL STUDIO FRICTION BE LIABLE FOR, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, ALL OF WHICH ARE SPECIFICALLY EXCLUDED HEREBY.
6. Participant’s Age. Participant hereby represents that at the time of execution of this Release and Waiver he or she is nineteen years of age or older. The Participant expressly agrees to be bound by all of the terms and conditions of this Waiver and Release, including but not limited to Sections 1-5 hereof.
7. Miscellaneous. This Waiver and Release shall be governed by the laws of the State of Colorado without regard to conflict of laws principles. Venue for any proceeding relating to the provisions hereof or relating to the Participant’s use of the facilities, services and products of Studio Friction shall be brought in the District Court in and for the County of Denver, State of Colorado, and Participant hereby expressly consents to the personal jurisdiction of such court over him or her and the venue of such court. Should any action, dispute or claim arise out of this Waiver and Release, Studio Friction, if it is the prevailing party, shall be entitled to recover all of its attorneys’ fees and costs associated with the enforcement of this Waiver and Release. This Waiver and Release constitutes the entire understanding and agreement of the parties with respect to the subject matter hereof, and supersedes any and all prior and contemporaneous understandings, agreements, commitments, and representations, whether oral or written. No force or effect shall be accorded any prior written or oral representations, promises, agreements, or understandings which are not contained in this Waiver and Release. If any portion of this Waiver and Release shall be held by a court of proper jurisdiction to be indefinite, invalid or otherwise unenforceable, the entire Waiver and Release shall not fail on account thereof, and the balance of this Waiver and Release shall continue in full force and effect.
PARTICIPANT HAS CAREFULLY READ THE FOREGOING WAIVER AND RELEASE, UNDERSTANDS ITS CONTENTS, AND SIGNS THIS WAIVER AND RELEASE VOLUNTARILY. PARTICIPANT UNDERSTAND AND AGREE THAT THIS WAIVER AND RELEASE IS A BINDING LEGAL CONTRACT, AND THAT BY SIGNING THIS CONTRACT PARTICIPANT WAIVES CERTAIN LEGAL RIGHTS HE, SHE OR THEY MAY OTHERWISE HAVE NOW OR IN THE FUTURE AGAINST RELEASEES. PARTICIPANT ACKNOWLEDGE AND AGREE THAT THEY HAVE HAD SUFFICIENT OPPORTUNITY TO CONSIDER THE TERMS HEREOF AND TO CONSULT LEGAL COUNSEL PRIOR TO SIGNING THIS WAIVER AND RELEASE IF DESIRED.
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