In consideration for receiving permission to participate in a Sunflower Hill Virtual Class, I (Participant) hereby release, waive, discharge, and covenant not to sue, and agree to hold Sunflower Hill, it’s trustees, officers, agents, volunteers, and employees from and against any and all liabilities, claims, demands, or injuries, including death, that may be sustained by me during the Virtual Class (which term includes any official or unofficial programs or activities in which I might participate during the Virtual Class.)
If the Virtual Class Participant is under the age of 18, the Participant may only participate with the express written consent of the Participant’s parent or guardian. If the Participant is over 18, and is the subject of a conservatorship, the Participant may only participate with the express written consent of the Participant’s conservator.
Despite precautions, accidents and injuries can occur. I understand that aspects of the Virtual Class I may undertake in my home or other location of my choosing suitable for engaging in this virtual activity, may be potentially dangerous and that I may be injured and/or damage personal property. Therefore, I assume all risks related to the Virtual Class including but not limited to:
I further acknowledge that the above list is not inclusive of all possible risks associated with the Virtual Class and that I am aware of the risks involved whether described or not. I further understand that participating in the Virtual Class is an acceptance of the risk of injury, death and financial loss. I hereby certify that I have full knowledge of the nature and extent of the risks inherent in the Virtual Class activities and the use of the facilities, equipment, or services in association with the Virtual Class, and that I am voluntarily assuming all risks, whether known or unknown. I acknowledge that I will not be supervised during the Virtual Class by an employee of Sunflower Hill.
I agree that my safety is primarily dependent upon my taking proper care of myself. I agree to make sure that I know how to safely participate in the Virtual Class, and I agree to observe any rules and practices that may be employed to minimize the risk of injury. I agree to stop and seek assistance if I do not believe I can safely continue in the Virtual Class. I agree to limit my participation to reflect my personal fitness level.
I understand that Sunflower Hill is not an agent of, and has no responsibility for, any third party including without limitation the provider of any services including food, lodging, travel, or any equipment associated with the Virtual Class.
It is my express intent that this waiver, release, covenant not to sue and hold harmless agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representatives, if I am deceased and shall be governed by the laws of the State of California, without application of principals of conflicts of laws, and I consent to the jurisdiction of state and federal courts within California.
In agreeing to this waiver, release, covenant not to sue and hold harmless agreement, I acknowledge and represent that I have read the foregoing in its entirety; and that I understand it and sign it voluntarily as my own free act and deed.
The provisions of this agreement are severable. If any one or more provisions are determined to be illegal or otherwise unenforceable, in whole or in part, the remaining provisions shall nevertheless be binding and enforceable to the fullest extent provided by the law.
Permission to be photographed, videotaped, or audiotaped during the Virtual Class
Sunflower Hill Virtual Classes may be photographed, videotaped, or audiotaped for educational, publicity or fundraising purposes. By giving permission, you also agree to convey to Sunflower Hill any right, title, interest in/to any and all photographic images and/or video and audio recordings (e.g. any royalties/proceeds).
Class Code of Conduct
I understand that I must abide by the above codes of conduct while participating in the Virtual Class and agree that if I do not follow the Codes of Conduct I will not be able to continue my participation in the Virtual Class.