WAIVER AND RELEASE FOR THE USAGE OF MAKSHA BALANCE BOARDS
You, for yourself or as the parent or guardian of the minor child that plans to use Maksha Blance Boards (hereafter referred to as “Participant/Parent”), for valuable consideration given, the receipt and sufficiency of which is hereby acknowledged, do hereby waive and release the following rights:
1. WAIVER. The Participant/Parent releases Maksha, Rocío Centeno and Luciana Blanco Villegas, hereafter referred to collectively as the “Company”), and all of its agents, employees, independent contractors, equipment suppliers, and members from any claims or responsibility for injuries suffered by the Participant's/Parent’s engagement in any activities, usages or trials on the Balance Boards, whether occurring within a shop, a market or outdoors. The Participant/Parent knowingly assumes all risks associated with participation, even if arising from negligence of the participants or others, and assumes full responsibility for the Participant/Parent (or its child’s) participation today and on all future dates.
2. CERTIFICATION. The Participant/Parent, certifies that: (i) the Participant/Parent is at least 18 years of age or has reached the age of majority in the jurisdiction in which it lives or resides and (ii) it is, or its child is, in good physical condition and can participate the testing or riding of a Balance Board, and further agrees and warrants that at any time the Participant/Parent believes conditions to be unsafe, the Participant/Parent will immediately discontinue further participation for itself or its child in the activity.
3. ASSUMPTION OF INHERENT RISKS. The Participant/Parent for itself or its child understands that the usage of a Maksha Balance Board includes inherent risks that cannot be totally eliminated regardless of the care taken by the Company and its staff. The Participant/Parent acknowledges, understands, and appreciates the types of injuries inherent in the usage of the Maksha Balance Board, and hereby knowingly assumes all inherent risks of such usage. Furthermore, the Participant/Parent, on behalf of itself, its spouse, heirs, personal representatives, and assigns (collectively “Releasing Parties”) does hereby knowingly and voluntarily, fully and forever, waive, release, discharge and covenant not to sue the Company, it’s owners of any associates, for alleged liability from any and all claims arising from the ordinary negligence of the Company and any of its current and former principals, directors, officers, employees, agents and representatives (“Protected Parties”).
4. SCOPE. This agreement applies to personal injury, including death, from the incidents or illnesses arising from usage of the Company's products including, but not limited to recreational, practice, or trial and training on the Balance Boards.
5. INDEMNIFICATION. The Participant/Parent also agrees to hold harmless, defend, and indemnify the Company that is, defend and pay any costs, including damages awarded, investigation costs, reasonable attorney’s fees, and related expenses from any and all claims arising from the Participant/Parent’s or its child’s participation in the usage of the Balance Boards. The Participant/Parent further agrees to hold harmless, defend, and indemnify the Company and Protected Parties against any and all claims of co-participants, rescuers, and others arising from the conduct of the Participant/Parent or its child in the usage of the Balance Boards.
6. CLARIFYING CLAUSES. The Participant/Parent confirms that this waiver supersedes any and all previous oral or written promises or agreements relating to the subject matter herein. The Participant/Parent understands that this is the entire agreement between the Company and itself regarding waiver and acceptance of risk, and cannot be modified or changed in any way by representations or statements by any agent or employee of the Company. The Participant/Parent understands the foregoing assumption of risk, waiver of liability, and indemnification agreement is intended to be as broad and inclusive as permitted by Australian.
7. ACKNOWLEDGEMENT AND UNDERSTANDING. The Participant/Parent acknowledges that it has read and understands this agreement. The Participant/Parent acknowledges and understands that it is giving up substantial rights, including the rights of its child to sue for damages in the event of death, injury, or loss. The Participant/Parent acknowledges that it is voluntarily agreeing to these terms, conditions, waivers and releases and intends this agreement to be a complete release of all liability, including that due to ordinary negligence by the Protected Parties, to the greatest extent allowed by law.