WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT FOR ALL
TICKET HOLDERS AND/OR AUDIENCE MEMBERS OF Yoga Dinners.(Event
Name)
By purchasing a ticket, participating in or attending Yoga Dinners (the “Event”) as
an audience member, backstage guest or otherwise, I understand I must sign this Waiver of
Liability, Assumption of Risk and Indemnity Agreement (the “Agreement”). In consideration of
being permitted to participate in or attend the Event, I hereby consent to the following terms:
1. Waiver, Release and Discharge. I hereby waive, release and discharge
3KEYMEDIA LLC, a Nevada limited liability company and Far West Management LLC,
a California limited liability company (collectively “Producers”) and/or any of their managers,
members, officers, representatives, agents, contractors, subcontractors, employees, owners,
sponsors, staff, affiliates, subsidiaries, parent companies, guests, invitees, volunteers, and any
other entities that help produce, perform at or support the Event (together with the Producers,
the “Released Parties”) from any and all claims, losses, or liabilities for death, personal injury,
partial or permanent disability, property damage, medical or hospital bills, theft, or damage of
any kind, including economic losses, which may arise by reason of my attendance at or
participation in the Event. To the extent possible by law, I hereby fully waive, release, and
discharge the Released Parties notwithstanding their own negligent acts or omissions or the
negligent acts or omissions of others.
2. Indemnification. I agree to indemnify and hold the Released Parties harmless from any
costs, penalties, legal fees, or judgments (“Costs”) that the Released Parties have to pay related
to me or my attendance at or participation in the Event, even if the Costs resulted from the
negligence of any of the Released Parties. I agree to reimburse the Released Parties for any
such Costs incurred by them arising from my attendance at or participation in the Event.
3. The Released Parties Have No Liability for Direct, Indirect, Incidental, Consequential,
Special, Punitive or Exemplary Damages. To the maximum extent permitted by law, in no
event shall the Released Parties be liable for any direct, indirect, incidental, consequential,
special, punitive or exemplary damages of any kind, including but not limited to any claim, loss
or injury based on errors, omissions, interruptions or other inaccuracies in our program or
websites.
4. Assumption of Risks, Including Risk of Exposure to COVID-19. I acknowledge and
understand that attendance at or participation in the Event involves risks that the Released
Parties cannot eliminate, including, but not limited to, property damage, illness, personal injury,
disability, and death. I acknowledge and understand that participation and/or attendance at the
Event includes possible exposure to and illness from infectious diseases including but not
limited to COVID-19. I understand that attendance at or participation in the Event may be
dangerous or unsafe and could expose me, or others, to COVID-19, and that I am attending or
participating in the Event voluntarily. I acknowledge and understand the contagious nature of
COVID-19 and voluntarily assume the risk that I may be exposed to or become infected by
COVID-19 by attending the Event, and that such exposure or infection may result in personal
injury, illness, permanent disability, and death. I know, understand and appreciate the risks that
are inherent in attending and/or participating in the Event. I voluntarily agree to assume all of the
foregoing risks and accept sole responsibility for any injury to myself arising from attending or
participating in the Event.
5. Event Attendee and/or Event Participant Representations. I represent that (i) to the best
of my knowledge, I am not currently infected with, and have not knowingly, within the last 14
days, been in contact with someone infected with, COVID-19; (ii) I am not experiencing a fever,
or signs of respiratory illness such as cough, shortness of breath or difficulty breathing, or other
COVID-19 symptoms; and (iii) I understand that persons may be infected with COVID-19 and
(a) not exhibit symptoms, (b) not be aware that that are infected with COVID-19 or (c) may not
agree to voluntarily disclose their condition.
6. Agreement Not to Bring Action or Claim Against the Released Parties. I agree that I will
not bring any action or claim against any of the Released Parties for any reason associated with
the Event.
7. Ownership and Use of Image, Voice and Likeness. I acknowledge and allow the use of
any and all photographs and video taken of me at the event to be used by the Producers for any
promotional purposes or any other uses without further consent. I further agree that the
Producers or their designee(s), successor(s), or assign(s) shall have the right to record, publish,
print, display or otherwise publicly use, for purposes of trade or for any commercial or
advertising purpose or any sale, resale or other distribution of visual, audio or audiovisual
productions, including broadcast, re-broadcast, live stream or other reproduction, articles of
merchandise or any other medium, whether now existing or hereinafter developed, my name,
image, portrait, photograph, voice and/or other likeness, without compensation or notification to
or additional consent by me. I further acknowledge and agree that the Producers or their
designee(s), successor(s) or assign(s) shall be the sole and exclusive owner of any such work
containing my image, voice and/or likeness.
8. No Refunds for Tickets. I understand Event tickets (the “Tickets”) are not transferable
unless otherwise agreed to in writing by the Producers. Tickets will not be refundable.
9. Force Majeure. I understand the Event may be cancelled without notice due to any cause(s)
which render(s) Producers wholly or partly unable to produce this Event, which are neither
reasonably within the control of such Producers nor the result of the fault or negligence of such
Producers, and which occur despite all reasonable attempts to avoid, mitigate or remedy. Such
causes shall include acts of God, war, riots, civil insurrections, cyclones, hurricanes, floods,
fires, explosions, earthquakes, lightning, storms, chemical contamination, epidemics or plagues,
including but not limited to the COVID-19 pandemic, acts or campaigns of terrorism or
sabotage, blockades, embargoes, accidents or interruptions to transportation, trade restrictions,
acts of any governmental authority, strikes and other labor difficulties, and other events or
circumstances beyond the reasonable control of such Producers. No refunds will be given. All
sales are final.
10. Severability. The undersigned further expressly agrees that the foregoing waiver of liability,
assumption of risk and indemnity agreement is intended to be as broad and inclusive as is 2
permitted by the laws of the State of California and that if any portion is held invalid, it is agreed
that the balance shall, notwithstanding, continue in full legal force and effect.
11. Venue and Choice of Law. The laws of the State of California shall govern and the courts of
the State of California shall have exclusive jurisdiction to interpret this Agreement.
12. Acknowledgment of Understanding. I fully competent to give my consent. I have read this
Agreement, fully understand its terms, and understand that I am giving up substantial rights,
including my right to sue. I acknowledge that I am signing this Agreement freely and voluntarily,
and intend by my signature that this Agreement provides the Released Parties with a complete
and unconditional release of all liability to the greatest extent allowed by law.
13. Counterparts and Electronic Signatures. This Agreement may be executed in one or
more counterparts, each of which shall be deemed to be an original and all of which, when
taken together, shall be deemed to be one and the same agreement or document. A signed
copy of this Agreement transmitted by facsimile, email or other means of electronic transmission
shall be deemed to have the same legal effect as delivery of an original executed copy of this
Agreement for all purposes.