Liability Waiver

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The individual who purchased a ticket to any event (referred to as “I” or “me”) desires to participate in the program, program, event, or workshop, which might include catering, yoga, fitness, coaching, and other activities (collectively, the “Activity”) provided by Sweet and Soulful Chef LLC, a California limited liability company doing business as The High Dose, with offices located at 145 Sorrento Dr., San Diego, California 92107 (the “Company”). In consideration of being permitted by the Company to participate in the Activity and in recognition of the Company’s reliance hereon, I agree 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 SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. I AM ALSO AWARE OF THE CONTAGIOUS NATURE OF BACTERIAL AND VIRAL DISEASES, INCLUDING COVID-19 (COLLECTIVELY, THE “DISEASE”) AND THE RISK THAT I MAY BE EXPOSED TO OR CONTRACT THE DISEASES BY BEING ON THE PREMISES AND ENGAGIGN IN THE ACTIVITY, WHICH MAY RESULT IN ILLNESS, PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY OR OTHERS, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. I UNDERSTAND THAT THE COMPANY CANNOT GUARANTEE THAT I WILL NOT BE INJURED OR BECOME INFECTED WITH THE DISEASE OR OTHER INFECTIOUS DISEASES WHILE ON THE PREMISES OR DURNG MY PARTICIPATION IN THE ACTIVITY AND THAT BEING ON THE PREMISES AND ENGAGING IN THE ACTIVITY MAY INCREASE MY RISK OF CONTRACTING THE DISEASE OR OTHER INFECTIOUS DISEASES. 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 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 Company, Yogi Properties LLC, a California limited liability company (“YPLLC”), and the Company’s and YPLLC’s affiliates, and the Company’s, YPLLC’s, and their affiliates’ respective officers, directors, managers, contractors, subcontractors, suppliers, vendors, employees, agents, and members, shareholders, and the site host and owner of the premises where the Activity occurs, and their respective 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 shall defend, indemnify, and hold harmless the Company and all other Releasees 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, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by the Company or any other Releasees arising out of or resulting from any claim of a third party related to my participation in the Activity, including any claims arising out of my own negligence or the ordinary negligence of the Company.

I further state that I am at least eighteen (18) years of age and fully competent to sign this agreement; and that I execute this release for full, adequate, and complete consideration, fully intending to be bound by the same. I further state that there are no health-related reasons or problems which preclude or restrict my participation in the Activity. I confirm that I: (a) am in good health and proper physical condition and do not have any medical or other conditions that would impair my ability to participate in the Activity; and (b) am not experiencing symptoms of the Disease (such as cough, shortness of breath, or fever), do not have a confirmed or suspected case of the Disease, and have not come in contact in the last 14 days with a person who has been confirmed to have or suspected of having the Disease. I will comply with all federal, state, and local laws, orders, directives, and guidelines related to the Activity and the Disease while on the premises or participating in the Activity, including, without limitation, requirements related to hand sanitation, social distancing, and use of face coverings and safety equipment. I will also follow all instructions, recommendations, and cautions of the Company at all times while on the premises or during the Activity. If at any time I believe conditions to be unsafe or I am no longer in proper physical condition to participate in the Activity or I begin experiencing symptoms of the Disease, I will immediately discontinue further participation in the Activity.

In case of physical injury or medical emergency, I hereby authorize the Company to make necessary arrangements to transport me to a medical treatment facility as necessary. 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. In extreme emergency, I understand that the Company will attempt to notify the person(s) I have named during registration as my emergency contact(s) of my condition and how to reach me. 

For valuable consideration received, I grant to the Company an absolute and irrevocable right and unrestricted permission concerning any recordings, photographs, or video that the Company may take or have taken of me or in which I may be included with others, to use, reuse, publish, and republish the recordings, photographs, or video in whole or in part, individually or in connection with other material, in any and all media now or hereafter known, including the Internet, and for any purpose whatsoever, specifically including illustration, promotion, art, editorial, advertising, and trade, without restriction as to alteration; and to use my name in connection with any use if the Company so chooses. I release and discharge photographers involved with the Activity from any and all claims and demands that may arise out of or in connection with the use of the recordings, photographs, or video, including without limitation any and all claims for libel or violation of any right of publicity or privacy. 

I understand and agree that it is my sole responsibility to safeguard my personal property and I hereby release the Company and all other Releasees from all liability for loss or damage to my personal property while attending or participating in the Activity. 

I agree to abide by any rules, regulations, and policies set forth by the Company. If I choose to not abide by these, I agree that I will honor any such restrictions imposed, up to and including removal from the event, and will not hold the Company responsible nor will I expect an adjustment or reduction in any fees I have paid or agreed to pay. 

I AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS RELEASE, OR THE BREACH, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS RELEASE TO ARBITRATE, SHALL BE FINALLY DETERMINED BY BINDING ARBITRATION IN SAN DIEGO, CALIFORNIA BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS. THE COSTS OF THE ARBITRATION, INCLUDING ADMINISTRATIVE AND ARBITRATORS’ FEES, SHALL BE SHARED EQUALLY BY THE PARTIES. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS SECTION REGARDING ARBITRATION OF DISPUTES SHALL NOT PRECLUDETHE PARTIES FROM SEEKING PROVISIONAL OR EQUITABLE REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION. 

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, and the parties shall negotiate in good faith to modify this Release to affect the original intent of the parties as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent compatible with, and possible under, applicable law. This Release is binding on and shall inure to the benefit of the Company and me and the parties’ 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). A signed copy of this Agreement delivered by facsimile, email, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement. This Agreement may be electronically signed. The electronic signatures appearing on this Agreement are the same as handwritten signatures for all purposes, including validity, enforceability, and admissibility.