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Magic Held Here

ASSUMPTION OF RISK, RELEASE AND INDEMNITY AGREEMENT

READ CAREFULLY BEFORE SIGNING

Date of Last Revision: January 3, 2024

The undersigned assumes all responsibility for, and all risk of damage or injury that may occur to, the undersigned as a participant in a class or activity conducted by Jessica Held.  Said assumption shall include classes and activities conducted at Jessica Held’s main location (406 West River Rd, Caledonia NY 14423) and also any classes and activities conducted by Jessica Held at any other locations.  In consideration of being accepted as a participant in a class or activity conducted by Jessica Held, the undersigned releases and discharges Jessica Held, from all claims, demands, rights or causes of action, present or future, whether known, anticipated or unanticipated, and resulting from or arising out of, or incident to, the undersigned's participation in a class or activity conducted by Jessica Held or any employee, agent, instructor, and independent contractor of Jessica Held as a result of, or incident to, engaging in any class or activity conducted by Jessica Held.

 

I agree to indemnify, hold harmless, and defend Releasee from and against any and all claims, costs, expenses, or liability (including attorney's fees), attributable to bodily injury, sickness, disease, or death, or to damage or destruction of property (including loss of use of property) caused by, arising out of, resulting from, or occurring in connection with any activities I may engage in during a class or activity conducted by Jessica Held.

 

This Assumption of Risk, Release and Indemnity Agreement is in effect from the date of signing and continues in perpetuity for all classes and activities conducted by Jessica Held.

 

The terms and provisions of this Release, Assumption of Risk and Indemnity Agreement and any dispute arising in connection with this Agreement shall be governed by and construed in accordance with New York law. The parties agree that the venue for any legal action filed in connection with this Agreement shall be in Livingston County, New York. In connection with any litigation arising out of this Agreement, the prevailing party shall be entitled to recover all costs incurred, including reasonable attorney's fees.

 

I HAVE READ THIS RELEASE, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT. I FULLY UNDERSTAND ITS TERMS AND UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT.  I SIGNED FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF RELEASEE TO THE GREATEST EXTENT ALLOWED BY LAW.

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