Assumption of Risk

I, the undersigned member (“Member”), acknowledge that I am voluntarily participating in yoga, Pilates, fitness, wellness, or other physical and recreational activities collectively, the “Activities”) offered by Aura Wellness Studio LLC (“Studio”), whether conducted in person, online, or on-demand, I understand that participation involves inherent risks, including but not limited to personal injury, illness, strain, heart attack, death, or property damage. These risks may result from my own actions or omissions, the actions or omissions of others, the condition of the facilities or equipment, or the NEGLIGENCE OF THE STUDIO OR ITS INSTRUCTORS, EMPLOYEES, OR AGENTS. I further understand that online or virtual participation carries additional risks, including exercising without direct supervision or in an environment not controlled by the Studio. I acknowledge that the Studio cannot eliminate all risks associated with the Activities, and I VOLUNTARILY AND KNOWINGLY assume all such risks, whether or not, known or unknown, or otherwise.

I acknowledge and agree that I will inspect any portion of the Studio premises that I enter and any equipment that I use. If I believe that any area, condition, or equipment is unsafe or dangerous, I will immediately notify Studio staff, stop participating in the activity, and leave that portion of the premises.

Release and Waiver

I agree, on behalf of myself and my heirs, executors, administrators, personal representatives, assigns, and next of kin, HEREBY EXPRESSLY AND EXPLICILY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE the Studio, its affiliates, and their respective owners, partners, agents, operators, managers, employees, volunteers, independent contractors, representatives, successors, and assigns (collectively, the “Released Parties”) FROM ANY AND ALL LIABILITY, LOSS, DAMAGE, INJURY, OR EXPENSE that I may suffer as a result of my entry into or use of the Studio premises, participation in fitness, wellness, or other related Activities, or use of any equipment, INCLUDING CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES.

I specifically understand and acknowledge that I am releasing, discharging, and waiving any and all claims, actions, or causes of action that I may have now or in the future for the ordinary negligent acts or other conduct of the Released Parties, and I agree to fully and forever discharge and release the Studio and the Released Parties from any and all claims, injuries (including temporary or permanent disability), death, damages, liabilities, expenses, and causes of action, whether known or unknown, arising out of or related in any way to my participation in or use of the Studio premises, Activities, or equipment, whether caused by the negligence of the Released Parties or any other cause.

California Civil Code §1542 Waiver

I expressly waive the provisions of California Civil Code Section 1542, which provides:

“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.”

Complete Release

I acknowledge and agree that this Member Waiver and Release of Liability is intended to be as complete and comprehensive a release of the responsibility of the Released Parties as permitted by law for any and all personal injuries (including temporary or permanent disability), death, or property damage that I may sustain while using the Studio premises, participating in fitness or wellness activities, or using any equipment.

Public Health Emergencies

I acknowledge that public health emergencies, including but not limited to epidemics and pandemics, present additional risks that are beyond the control of the Studio and the Released Parties.

I agree that the Release and Waiver of Liability set forth above extends to any and all claims related to exposure to, or contraction of, communicable diseases or illnesses, including but not limited to COVID-19, while I am using the Studio premises, participating in fitness or wellness activities, or using any equipment.

Medical Authorization

I represent that I am physically fit to participate safely in the Activities and that I have no medical condition that would prevent my participation. I am solely responsible for consulting my physician prior to engaging in any Activities. In the event of injury or medical emergency, I authorize the Studio to obtain or provide emergency medical treatment and agree to be financially responsible for all related costs.

Photography and Media Release

I understand that the Studio may occasionally photograph or record Activities for promotional or educational purposes. By signing below, I grant permission to Aura Wellness Studio LLC to use my image, likeness, or voice in photos, videos, or other media for lawful business purposes without compensation. If I do not wish to be photographed or recorded, I will notify the Studio in writing prior to participation.

Indemnification

I agree to indemnify and hold harmless the Released Parties from any and all claims, damages, losses, or expenses (including attorneys’ fees) arising out of or related to my participation in the Activities or any breach of this Agreement.

Severability

If any provision of this Disclaimer, Release, and Waiver of Liability is held to be invalid or unenforceable, I agree that the remaining provisions shall continue to be valid, enforceable, and interpreted to give effect to the intent of this Release to the fullest extent permitted by law.

Governing Law

I agree that this Release shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict-of-law principles.

Acknowledgment of Understanding

I HAVE READ THIS MEMBER WAIVER AND RELEASE OF LIABILITY AGREEMENT. I FULLY UNDERSTAND ITS TERMS AND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING IT. I SIGN IT FREELY AND VOLUNTARILY, INTENDING THAT IT BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW.