CYCLING STUDIO/ACTIVITY LIABILITY WAIVER RELEASE

This Cycling Studio and Activity Liability Waiver and Release (“Waiver”) is entered into by ________________________________ (“PARTICIPANT”). Sephora USA, Inc. (the “COMPANY”) makes available to its employees the use of the Cycling Studio (e.g., its equipment, facilities, etc.), including any events, activities and classes that take place in the Cycling Studio as well as other non-cycling fitness classes (e.g., Yoga, Zumba, Pilates, etc.) (collectively referred to as “Activities”). Neither the use of the Cycling Studio nor the Activities are required, operated, or supervised by the COMPANY. PARTICIPANT wishes to use the Cycling Studio and/or participate in the Activities. In consideration for use of the Cycling Studio and/or participation in the Activities, PARTICIPANT represents and agrees as follows:

 

1. KNOWLEDGE AND ASSUMPTION OF RISK.

PARTICIPANT understands the inherent dangers and risks in using the Cycling Studio (including the equipment and facilities) and participating in any Activities (including, but not limited to, serious bodily injury, or death, which may be caused by PARTICIPANT’s own actions or inactions or those of the COMPANY’s, including its officers, directors, agents and/or employees). PARTICIPANT acknowledges there may be other risks either not known to PARTICIPANT or not readily foreseeable at this time. PARTICIPANT represents that PARTICIPANT understands the nature of use of the Cycling Studio and/or the Activities and is qualified and in the physical condition necessary to participate in the use of the Cycling Studio and/or any Activities. PARTICIPANT acknowledges that if PARTICIPANT believes that any conditions associated with the Cycling Studio or Activities are unsafe, PARTICIPANT will immediately discontinue use of the Cycling Studio or participating in the Activities. PARTICIPANT understands that improper use of any equipment may result in injury or death, and it is PARTICIPANT’s sole and exclusive responsibility to become familiar with the safe and proper operation of any Cycling Studio equipment, before operation or use. PARTICIPANT acknowledges that use of the Cycling Studio and/or participation in the Activities is voluntary, is outside the course and scope of PARTICIPANT’S employment with the COMPANY, is solely at PARTICIPANT’S own risk, and that PARTICIPANT assumes full responsibility for any risks, resulting injuries and/or damages.


I acknowledge and understand the following:

1. Participation includes possible exposure to and illness from infectious diseases including but not limited to COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist;

2. I knowingly and freely assume all such risks related to illness and infectious diseases, such as COVID-19; and

3. I hereby knowingly assume the risk of injury, harm and loss associated with using the Cycling Studio, including any injury, harm and loss caused by the negligence, fault or conduct of any kind on the part of the COMPANY.


 

2. RELEASE OF LIABILITY.

PARTICIPANT, on behalf of himself or herself, and for his or her heirs and assigns, do hereby waive, release, discharge, and covenant not to sue the COMPANY, its officers, agents and employees, or any other entity whose equipment, facilities or services may be used in conjunction with the Cycling Studio or Activities, any other participants in the Activities or who are using the Cycling Studio, or the owners or lessors of premises of the Cycling Studio and on which the Activities take place (collectively “Releasees”), from and against any and all liability claims, demands, actions, or causes of action, for costs, expenses or damages to personal property, or personal/bodily injury, or death, which occur to PARTICIPANT while on the premises of the Cycling Studio or participating in Activities, whether using any equipment or not. This release of liability also covers any injuries or damages resulting from the risks and dangers of the general use of the Cycling Studio and participation in the Activities caused in whole or in part by the acts, omissions or other fault of the Releasees, including PARTICIPANT’s or the Releasees’ own act(s) of negligence or misconduct. This release would cover all risks and dangers that may not be inherent with the use of a Cycling Studio or participating in Activities. PARTICIPANT agrees that this Release extends to all acts, omissions or other fault of PARTICIPANT and/or Releasees and is intended to be as broad and inclusive as permitted by applicable law and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. This release does not release any claims based on obligations created by or reaffirmed in the Waiver or other rights and/or claims that cannot be released or waived by private agreement.

 

3. PARTICIPANT

Acknowledges that PARTICIPANT is aware of the provisions of Section 1542 of the Civil Code of the State of California, understands said provisions and expressly waives and relinquish all rights and benefits PARTICIPANT had or may have under that section, which reads as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.

 

4. DUTY TO INDEMNIFY AND DEFEND.

PARTICIPANT further agrees that if, despite this Waiver, PARTICIPANT or anyone acting on PARTICIPANT’S behalf, makes a claim against any of the Releasees, PARTICIPANT will indemnify, save, and hold harmless each of the Releasees from any resulting loss, liability, damage, or cost which may incur.

 

5. VOLUNTARY AGREEMENT.

PARTICIPANT has read this Waiver, fully understands its terms, understands that PARTICIPANT is giving up substantial rights by signing it (among other things, the right to sue the COMPANY, its officers, agents, and employees, for injuries, damages or losses PARTICIPANT may incur as a result of the use of the Cycling Studio and participation in such Activities), is aware of its legal consequences, and has signed it freely and voluntarily without any inducement, assurance, or guarantee of any nature and intend it be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this Waiver is held to be invalid the balance, notwithstanding, shall continue in full force and effect. PARTICIPANT also understands that this Waiver binds PARTICIPANT and PARTICIPANT’S personal representatives, heirs, next of kin, executors, administrators and assigns. This Waiver shall be construed under and shall be deemed governed by the laws of the State of California.

 

6. CONSENT TO RECORD, FILM AND PHOTOGRAPH and LICENSE TO USE SAME.

In consideration of the opportunity to participate in the Activities, I hereby grant to Sephora USA, Inc., its parent, agents, licensees, affiliates (including but not limited to Kohl’s., manager of Sephora at Kohl’s), successors, and assigns and others working for any of them or on their behalf (collectively, “Sephora”), the irrevocable and unlimited right and permission (but not the obligation) to: (a) record, film and photograph me during the Activities; and (b) to copy, distribute, exhibit, perform, or otherwise use (and authorize third parties to do the same) any resulting photography, film, audio and recording, as well as my interview, statements, endorsements, performance, name, signature, picture, likeness, voice, and biographical information (collectively, my “Persona”), and any material based thereon or derived therefrom, together with any other material, or to refrain from doing so, in any manner, and in any venues, productions, and/or media whatsoever, whether now known or hereafter devised, anywhere in the world in perpetuity, for any lawful purpose, including without limitation for the purposes of advertising or trade in promoting and publicizing me and the Event and any products or services of or sold by Sephora. I agree that I shall have no right of approval, no claim to compensation, and no claim arising out of any use of the materials created hereunder or my Persona, and, in any event, I hereby release Sephora from any such claims.

 

BY SIGNING, PARTICIPANT ACKNOWLEDGES THAT PARTICIPANT HAS READ AND FULLY UNDERSTANDS THAT BY SIGNING THIS WAIVER AND RELEASE, PARTICIPATING IS GIVING UP CONSIDERABLE LEGAL RIGHTS.

 
 

The parties agree that the electronic signature of a party to this Agreement shall be as valid as an original signature of such party and shall be effective to bind such party to this Agreement. The parties agree that any electronically signed document (including this Agreement) shall be deemed (i) to be "written" or "in writing," (ii) to have been signed and (iii) to constitute a record established and maintained in the ordinary course of business and an original written record when printed from electronic files. Such paper copies or "printouts," if introduced as evidence in any judicial, arbitral, mediation or administrative proceeding, will be admissible as between the parties to the same extent and under the same conditions as other original business records created and maintained in documentary form. Neither party shall contest the admissibility of true and accurate copies of electronically signed documents on the basis of the best evidence rule or as not satisfying the business records exception to the hearsay rule. For purposes hereof, "electronic signature" means a manually-signed original signature that is then transmitted by electronic means; "transmitted by electronic means" means sent in the form of a facsimile or sent via the internet as a "pdf" (portable document format) or other replicating image attached to an e-mail message; and, "electronically signed document" means a document transmitted by electronic means and containing, or to which there is affixed, an electronic signature.

 
 
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