RELEASE OF LIABILITY AND ASSUMPTION OF RISK

The individual named below (referred to as "I" or "me") desires to participate in classes (individually and collectively, the "Activity") provided by THE SHIRE STUDIO LLC, a California limited liability company with offices located at 15946 Wellington Way, Truckee, CA 96161 (the "Company"), which Activity may include, but is not limited to, the following: indoor/outdoor fitness training, pilates, yoga, TRX, paddle boarding, swimming, jogging/running and/or cycling. In consideration of being permitted by the Company to participate in the Activity and in recognition of the Company's reliance hereon, I agree, on behalf of myself, my heirs, and my personal representatives, to all the terms and conditions set forth in this instrument (this "Release").

I AM AWARE AND UNDERSTAND THAT THE ACTIVITY IS A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVES THE RISK OF PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS INCLUDING BUT NOT LIMITED TO INJURIES CAUSED BY  PHYSICAL EXERTION, IMPROPER USE OF EQUIPMENT, OR THE ACTIONS OF OTHER PARTICIPANTS. I UNDERSTAND THAT THE ACTIVITY INVOLVES PHYSICAL MOVEMENT AND EXERTION THAT MAY BE CHALLENGING AND MAY CAUSE PHYSICAL INJURY, AND I AM FULLY AWARE OF THE RISKS AND HAZARDS INVOLVED. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, OR PROPERTY DAMAGE ARISING FROM MY PARTICIPATION IN THE ACTIVITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.

I understand that the physical touch by instructors may be necessary or beneficial for instructional purposes, including but not limited to, demonstrating techniques, guiding movements, ensuring proper form, or ensuring my safety and the safety of others. I voluntarily agree to such physical contact for these purposes. I understand that I have the right to withdraw my consent at any time by verbally informing the instructor. I expect that any physical contact by instructors will be conducted in a professional and respectful manner, limited to what is necessary for instructional purposes. I understand that the contact will not be of a personal or intimate nature. I agree to immediately communicate to the instructor if any physical touch is uncomfortable or unwelcome.

I DECLARE THAT I AM PHYSICALLY FIT AND HAVE NO MEDICAL CONDITION THAT WOULD PREVENT MY FULL PARTICIPATION IN THE ACTIVITY. I AGREE TO INFORM THE INSTRUCTOR OF ANY PHYSICAL LIMITATIONS, DISCOMFORT, OR CONCERNS REGARDING MY PHYSICAL CONDITION BEFORE OR DURING THE CLASS.

I consent to the use of my image in photographs and/or video recordings taken during classes for promotional, educational, or professional purposes by the Company, without compensation and with the understanding that I have no rights to these images or videos.

I hereby expressly waive and release any and all claims which I may have, or which I may hereafter have, whether known or unknown, against the Glenshire/Devonshire Residents’ Association, a California nonprofit mutual benefit corporation (the “Association”) and/or the Company, and its officers, manager, employees, agents, affiliates, members, successors, and assigns (collectively, "Releasees"), on account of injury, disability, death, or property damage arising out of or attributable to my participation in the Activity, whether arising out of the ordinary negligence of the Company or any Releasees or otherwise. I 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. This waiver and release does not extend to claims for gross negligence, intentional or reckless misconduct, or any other liabilities that California law does not permit to be released by agreement.

I understand that by signing this release, I am waiving any and all claims, of any kind arising out of or attributable to my participation in the Activity, including those claims that may be unknown to me, or which I do not suspect to exist at this time. WITH THE INTENTION OF WAIVING ALL UNKNOWN AND UNSUSPECTED CLAIMS, I HEREBY EXPRESSLY WAIVE ALL RIGHTS, BENEFITS, AND PROTECTIONS I MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS: 

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

I hereby consent to receive from any licensed hospital, physician, or medical personnel any medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation and I release all parties from any type of liability for anything that may happen during my treatment.

This Release constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is held invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Company and me and our respective heirs, successors, and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Nevada County, California and I hereby consent to the exclusive jurisdiction of such courts.

BY CHECKING THE BOX , I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY FOR CLAIMS, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF MY PARTICIPATION IN THE ACTIVITY.