Release of Liability and Agreement not to sue, Indemnification, Hold Harmless, Limitation of Warranty

The risks of COVID-19 are not well understood and there is controversy among the experts on how the virus can spread and difficultly in scientifically determining whether anyone has the virus at any moment in time.

We all know that the Centers for Disease Control and Prevention has recommended that all businesses like ours remain closed.  However, Governor Greg Abbott has assessed the risk and feels that opening gyms and health/fitness centers is safe at this time.  The management of PINK SHOE LLC DBA URBAN YOGA are not experts in the risk analysis of COVID-19.  We are willing to open and provide salon services to you if you are willing to accept the risks of contracting COVID-19.

In consideration for participating in group classes, by signing below you agree to accept all responsibility for the risk that you may contract COVID-19.  While we are taking your safety and that of our teachers very serious, by implementing safety and sanitation initiatives, we cannot guarantee that any of these measures will completely protect you from contracting COVID-19.

NOW THEREFORE, in consideration for participation in any and all classes, I agree that should I contract COVID-19,  I agree to indemnify and hold PINK SHOE LLC DBA URBAN YOGA, its officers, agents, servants, employees, and landowners and their successors and assigns harmless from any and all claims for damages should I contract COVID-19 from my participation in person small group yoga classes at PINK SHOE LLC DBA URBAN YOGA.

I further agree that I will not file, nor cause to be filed, nor participate in any lawsuit against PINK SHOE LLC DBA URBAN YOGA, its agents, servants, employees and any other person who may be in any way connected with in person small group classes at PINK SHOE LLC DBA URBAN YOGA, including but not limited to owners of PINK SHOE LLC DBA URBAN YOGA, the staff with whom I am receiving services, their employees and agents for injuries and/or death as a result of contracting COVID-19.

I agree that if I take any steps to make a claim for damages against PINK SHOE LLC DBA URBAN YOGA,  its agents, employees or any other released parties arising out of my participation and attendance at in person small group yoga classes during my visit to PINK SHOE LLC DBA URBAN YOGA facilities, I shall be obligated to pay all attorneys’ fees and costs incurred as a result of such claim.

I acknowledge that I can go elsewhere to participate or attend in person small group yoga classes, and I acknowledge that PINK SHOE LLC DBA URBAN YOGA are not the yoga studio where I can participate or attend in person small group yoga classes. By signing this Agreement, I acknowledge that I am free to go to other yoga studios who may not require my agreement to accept responsibility for contracting COVID-19 and I chose to participate and/or attend in person small group yoga classes.   In addition, I agree that if any dispute or claim relating in any way to the services provided by PINK SHOE LLC DBA URBAN YOGA pursuant to the terms of this agreement will be resolved by binding, individual arbitration, rather than in court.  I agree that arbitration shall be governed by the Federal Arbitration Act (FAA), including its procedural provisions, in all respects.
 
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