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Terms and Conditions

  1. Rental Agreement
    By renting a bike from Santosha Wellness LLC, the customer agrees to the terms and conditions outlined in this agreement.
  2. Rental Period
    The rental period begins when the bike is checked out and ends when it is returned to Santosha Wellness LLC. Late returns will incur additional charges.
  3. Rental Fees
    Rental fees are determined based on the duration of the rental period. Fees must be paid in full at the time of bike checkout
  4. Emergency Contact: Name___________________Relationship________________Phone______________

ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNITY AGREEMENT

I am physically capable of participating in an exercise program, that may include, but is not limited to, yoga, stretching, meditation, strength training, Mountain Biking, Hiking, Aerial Suspension Yoga, Paddle Boarding and other physical exercise (the “Fitness Program”) provided by Karen Sincore/Santosha Wellness LLC.  Karen Sincore/Santosha Wellness, as defined herein, includes its employees, affiliates, agents and independent contractors.

I represent that I am familiar with the Fitness Program provided by Karen Sincore/Santosha Wellness LLC, including but not limited to yoga, and I understand that such activity involves inherent and other risks. Karen Sincore/Santosha Wellness may suggest movements, postures, or poses to the group, or assist me individually, but I understand it is my responsibility to modify or stop any action that is beyond my physical limitations. I will make sure to limit actions to only those my body is comfortable with, closely monitoring for any pain or symptoms of injury, and will notify Karen Sincore/Santosha Wellness of any concerns immediately.  

I know that by participating in the Fitness Program, I risk personal injury or possible death from many causes, which include (but not limited to) the following:  (a) common injuries, including but not limited to, muscle strain and sprains, serious injuries, including but not limited to, joint injuries, torn muscles, and back injuries, and catastrophic injuries, including but limited to, stroke, heart attack, paralysis, or death; (b) misuse or failure of the facilities or any equipment; and (c) reliance upon other persons (including Santosha Wellness staff) to assist me in any way in my participating in the Fitness Program or other physical activities.

I FREELY ACCEPT AND FULLY ASSUME THE RISK THAT I CAN GET HURT, not only in the ways described above, but also in ways that are unknown and unexpected, and even if I follow the instructions or advice of Karen Sincore/Santosha Wellness.  In addition to the representations I have made above, I agree as follows:

1. In full consideration of the above-mentioned risks and in full consideration of the fact that I am willingly and voluntarily participating in the Karen Sincore/Santosha Wellness’s Fitness Program, I hereby WAIVE, RELEASE, REMISE, and DISCHARGE Soul of Yoga 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 Karen Sincore/Santosha Wellness’s Fitness Program, training or events.  I further agree to indemnify, defend and hold harmless Karen Sincore/Santosha Wellness from any loss, damage, liability or cost, including bodily injury or property damage, that may occur as a result or arising out of my presence at Santosha Wellness’s studio (“Premises”) or as a result of arising out of my participation in the Fitness Program.  Such waiver and release does not apply to Santosha Wellness’s willful misconduct or grossly negligent acts.

2. I agree that Santosha Wellness shall not be liable or responsible for my personal belongings and that I should not bring anything of value on the Premises of with me when I participate in the Fitness Program.  

3. ARBITRATION AND GOVERNING LAW.  Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.  The number of arbitrators shall be one.  The place of arbitration shall be in Tucson, AZ law shall apply.  Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 

4.  SEVERABILITY: I agree that in the event any provision of this agreement, including but not limited to the RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION provisions, is held or adjudicated to be contrary to any statute or law, or otherwise unenforceable, the remaining provisions of this document shall be enforceable to the fullest extent permitted by law.  

5. I HAVE READ AND UNDERSTAND the foregoing Acknowledgment of Risks and Waiver Agreement, and intend that it be binding on me, my heirs, executors, administrators and assigns, and if I am signing on behalf of a minor child, I represent and warrant that I am doing so with the consent and approval of the requisite spouse (if any) and I understand that I am acknowledging the risks to my child. 

Signature______________________________ Date_______________________

If Participant is Under 18, Parent’s signature below is required:

I am the parent or guardian of the minor named above. I hereby make and enter into each and every representation, waiver, release and indemnity described above on behalf of myself, the minor, and any other parent or guardian of the minor. I intend to give up my right, the minor’s right, and the right of any other parent or guardian to maintain any claim or suit against Santosha Wellness arising out of the minor’s use of Santosha Wellness’s facilities or equipment, or participation in activities sponsored by Santosha Wellness. I believe and represent that I HAVE LEGAL AUTHORITY TO MAKE THESE WAIVERS AND RELEASES, and I agree to indemnify Santosha Wellness LLC for all liability arising out of any lack of authority on my part to make such waivers and releases.

Parent/Guardian Name_______________________Signature_________________________Date___________