Agreement

The individual signing below (referred to as “I” or “me”) desires to participate in training, programs, exercise or events (the “Activity”) delivered by Proud Thai Cuisine (the “Company”). As consideration for being able to participate in the Activity, I agree to the terms set forth in this agreement (this “Agreement”).

  • I understand that it was/is my responsibility to consult with a physician prior to and regarding my participating in the Activity.
  • I represent and warrant that I am physically fit and have no medical condition that would prevent my full participation in the Activity.
  • In consideration of participating in the Activity, I agree to assume full responsibility for any risks, injuries or damages, known or unknown, which I might incur as a result of participating in the Activity.
  • I hereby expressly waive and release all claims, now known or hereafter known in any jurisdiction throughout the world, against the Company, and its officers, directors, employees, agents, affiliates, members, successors, contractors, consultants, and assigns (collectively, “Releasees”), on account of injury, death, or property damage arising out of or attributable to my participation in the Activity, whether arising out of the negligence of the Company or any Releasees or otherwise. I, my heirs or legal representatives covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims.
  • I shall defend, indemnify, and hold harmless the Company and its Releases against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, incurred by/awarded against indemnified party, arising out or resulting from any claim of a third party related to the Activity.
  • This Agreement is the entire agreement between the Company and me with respect to the Activity and supersedes all prior and contemporaneous understandings and agreements, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid or unenforceable, such invalidity, or unenforceability shall not affect any other term of this Agreement or invalidate or render unenforceable such term in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of the Company and me and their respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the laws of the State of Oregon without giving effect to any choice or conflict of law provision or rule. Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Bend, Oregon and I hereby consent to exclusive jurisdiction of such courts.
  • Additionally, I hereby grant permission to Proud Thai Cuisine to photograph, film, or make an audio recording of my participation in activities. I grant Proud Thai Cuisine an irrevocable license to reproduce, copy, display, perform, or otherwise use these materials in publications, exhibits, on the internet or on television and to identify me in such materials. I also waive the right to approve the final product.
  • Additionally, I understand that the coronavirus (“COVID-19”) has been declared a worldwide pandemic by the World Health Organization and is becoming more widespread, including within our community in Bend, Oregon. COVID-19 is very contagious and believed to be spread mainly from person-to-person contact. I understand and appreciate that there are known and potential dangers of utilizing Proud Thai Cuisine facilities, services and programs, and I acknowledge that the use of these facilities and services may, despite Proud Thai Cuisine’ reasonable efforts to mitigate the dangers, result in exposure to COVID-19, which could result in quarantine requirements, serious illness, disability and/or death. The Center for Disease Control and state and local health departments, are reviewing and updating their respective guidance on the pandemic and its impact nearly every day. As a result, Current Wellness reserves the right to restrict my access to Proud Thai Cuisine if necessary to protect health and safety and/or to lessen the risk of possible COVID-19 transmission.

BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY AGREEING TO THE TERMS.

 

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