Yoga Participant Agreement

Each individual (Participant), also referred to as I or me) participating in the activity or event known as Flow Share Yoga Class (UMOCA Workshop), which is organized or operated by the Utah Museum of Contemporary Art (Company) or its affiliates or subsidiaries, must read and sign this Liability Waiver and Release (Agreement). In consideration for being allowed to participate in the UMOCA Workshop, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I agree as follows:

1. Voluntary Participation. I understand that my participation in the UMOCA Workshop is strictly voluntary and entirely at my own risk. I acknowledge that my consent to the terms set forth in this Agreement is material inducement for Company to allow me to participate in the UMOCA Workshop, and Company would not do so in the absence of my consent as evidenced by my signature below.

2. Risk of Personal Injury. I am aware of the risks associated with participating in the UMOCA Workshop, which may include, but are not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and death. I understand that these injuries or outcomes may arise from my own or others’ negligence, conditions related to travel, or the condition of the UMOCA Workshop location. Nonetheless, I assume all risks, either known or unknown to me, of my participation in the UMOCA Workshop.

3. Waiver and Release. On behalf of myself and my successors, assigns, heirs, devisees, estate, and executors (collectively, Successors), and to the fullest extent permitted by law, I unconditionally and forever release, waive, covenant not to sue, agree to hold harmless, and discharge Company and its affiliates and subsidiaries, along with each of their officers, directors, employees, agents, and contractors (collectively, Released Parties), from all claims, judgments, costs, damages, losses, expenses, and liabilities, whether arising under a theory of contract, warranty, negligence, strict liability, product liability, or any other theory, relating to any claim I may have now or in the future with respect to any death, disability, personal injury, property damage, property theft, pecuniary or other loss, damage, cost, or expense, including reasonable attorney’s fees (collectively, Damages), that may be suffered by me or any third party as a result of the UMOCA Workshop or in connection with my acceptance of, participation in, or inability to participate in the UMOCA Workshop, even if the Damages are caused solely by the recklessness, negligence, or fault of one or more Released Parties (collectively, Released Claims).

I specifically understand that Company and Released Parties are not insurers of my conduct, and I agree that this Agreement will prevent me and my Successors from bringing a lawsuit, claim, or other action against Company and Released Parties and from recovering any money damages, or other legal relief from Company and Released Parties in connection with any claims for Damages related to the Released Claims.

4. Consent to Medical Treatment. I consent to receive medical treatment which may be deemed advisable in the event of injury, accident, or illnesses during my participation in the UMOCA Workshop. I agree to pay for all costs related to medical response, treatment, and transport on my behalf. I further warrant and represent that I have health, accident, and life insurance (Insurance) adequate for my needs and that the Insurance provides coverage with respect to participation in the UMOCA Workshop.

5. Physical Fitness; Physician Consultation. I understand that Company recommends that I consult with a physician prior to participating in the UMOCA Workshop. I declare that I am physically sound and do not suffer from any condition, impairment, disease, infirmity, or other illness that would prevent or impair my participation in the UMOCA Workshop. I certify that I am not under the influence of any narcotic, alcohol, or other drug that may impair my understanding or judgment and that I will not be so impaired at any time during the UMOCA Workshop. I further acknowledge that I have been informed of the recommendation for a physician’s approval prior to my voluntary participation in the UMOCA Workshop, and that I have either had a physical examination and have received my physician’s permission to participate, or that I have decided to participate without the approval of my physician and assume all responsibility for my actions and physical conditions arising from any participation in the UMOCA Workshop.

6. Damage Caused by Participant. If any damage to equipment or facilities where the UMOCA Workshop occurs is a result of my willful actions, neglect, or recklessness, I agree to be held liable for all costs associated with the damage.

7. General Conditions. This Agreement should be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. If any court of law finds any provision of this Agreement to be unenforceable in any respect, it is my intention and understanding that the court will nonetheless enforce this Agreement to the maximum legal extent. To the extent permitted by applicable law, I waive the benefit of any provisions of any statute or other law that might adversely affect the rights of Company or Released Parties under this Agreement. This Agreement is governed by the laws of Utah, without reference to its choice of law rules. I irrevocably consent to the exclusive jurisdiction and venue of the federal and state courts located at SLC Utah, with respect to any Released Claims, and I agree not to commence or prosecute any claim in any other court or jurisdiction.

8. Acceptance by Artist. I affirm that I am freely signing this Agreement and Liability Release as an acceptance of the terms and conditions of this Agreement and Liability Release. I certify that I have read this Agreement and Liability Release, that I fully understand its content, and that this Agreement and Liability Release cannot be modified orally. I am aware that this is an agreement and release of liability and a contract and that I am signing it of my own free will.

THIS IS A FULL AND COMPLETE AGREEMENT AND LIABILITY RELEASE.