I voluntarily agree to participate in the activities being provided by THIRD SPACE TUCSON, LLC (“KISMET SOCIAL CLUB”, “KISMET”). I understand that if for any reason I am unable to or think it unwise to engage in any activity being suggested by KISMET I am under no obligation to engage in such activity nor will I hold KISMET or its respective agents (i.e., directors, officers, employees, independent contractors, service providers and any third parties acting on its behalf), liable for any damage, injury or harm sustained from choosing to engage in any activity. I also understand that there are unanticipated risks during any activity. I hereby assume all risks of injury to me and my property, which may be sustained in connection with these activities. I agree that, in the event KISMET determines I need medical or psychological attention, KISMET has the authority and discretion to contact emergency services. Any costs incurred for such services are my sole responsibility. I understand that my participation in any activity is at the discretion of KISMET. If, in the opinion of KISMET, I am unable to continue in an activity for any reason, I may be asked to stop or leave. 

In consideration of my purchase of the fitness and/or creative activities, programs, and/or services offered by KISMET, including my use of its facilities and equipment, I agree to fully and forever waive, release and discharge KISMET and its managers, members, agents, employees, representatives, executors, contractors and all others acting on their behalf from any and all actions, causes of action, claims, demands, judgments, damages (including compensatory, general, special, consequential, exemplary, and punitive), liability, or obligations of any nature or kind for injuries to my person and/or property, known or unknown, including those caused by the negligent act or omission of any of those mentioned above or others acting on their behalf, arising out of or related in any way, directly or indirectly, to my participation in any KISMET activities, programs and/or services, including without limitation my use of its facilities and equipment both at KISMET studio and at an event hosted by KISMET. 

These activities include, without limitation, yoga, movement classes, meditations, breathwork, walks, hikes, bike rides, and any other physical activity offered by KISMET, in addition to any studio art, folk art, or other creative activity offered by KISMET. I acknowledge that creative classes may involve the use of potentially dangerous materials, equipment, tools, and machinery, and I understand that if for any reason I am unable to or think it unwise to engage in any activity being suggested by KISMET, I am under no obligation to engage in such activity nor will I hold KISMET, or its respective agents (i.e., directors, officers, employees, independent contractors, service providers and any third parties acting on its behalf), liable for any damage, injury or harm sustained from choosing to engage in any activity. I agree to indemnify and hold KISMET harmless from and against any and all losses, liabilities, claims, obligations, costs, damages, and/or expenses, including but not limited to attorney’s fees, costs, damages, and/or judgments directly or indirectly arising out of or related to my acts or omissions while participating in any KISMET activities, programs, and/or services, including without limitation my use of its facilities and equipment both at KISMET studio space and at any event hosted by KISMET. I understand and am aware that strength, flexibility, and aerobic exercise, including the use of equipment, are potentially hazardous activities. I also understand and am aware that these fitness activities involve a risk of injury, including a remote risk of death or serious disability, and that I am voluntarily participating in these activities and using equipment with full knowledge, understanding and appreciation of the dangers involved. KISMET instructors, contractors, and representatives will take all reasonable efforts to assure my physical safety. I will follow all instructions given by the KISMET instructor. I hereby agree to expressly assume and accept any and all risks of injury or death. I further understand that my use of KISMET facilities, including but not limited to restrooms, patios, and common areas, involves inherent risks, including but not limited to slips, falls, wet surfaces, and interactions with other participants. I agree to use caution and assume all risks associated with the use of these areas. I also understand that music and amplified sound may be used during classes and within the studio environment. I acknowledge that sound levels may be loud at times and may pose a risk of discomfort or potential hearing sensitivity. I voluntarily assume any and all risks associated with exposure to such sound levels and agree to take personal responsibility for my comfort, including modifying my position in the room or using hearing protection if desired. I understand that certain KISMET activities, programs, or events may take place outdoors. I acknowledge that outdoor activities are subject to environmental conditions including, but not limited to, weather (heat, sun exposure, wind, rain), uneven or natural surfaces, dirt, dust, and other outdoor elements. I understand that these conditions may increase the risk of injury, including slips, falls, dehydration, or other environmental-related risks. I voluntarily assume all risks associated with participating in outdoor activities and agree to take appropriate precautions for my safety. I hereby represent that I am in sufficient good health to participate in the activities, programs, and services offered by KISMET. I do not have any pre-existing physical or medical conditions, including without limitation orthopedic problems, heart problems, breathing problems, or conditions that may be aggravated by heat exposure, exercise, or fine-motor movements that might be impacted or worsened by my participation in KISMET activities, programs, services, and/or use of its equipment; or, if I have any of the previously mentioned medical conditions, I have obtained physician permission to participate in KISMET activities, programs, services and use its facilities and equipment. I will not participate in any activities, programs, services, or use equipment while under the use of any drugs, alcohol, or medications that may impair my physical abilities or judgment. I agree to only attempt activities that I feel I can perform safely and to adjust intensity as appropriate for my fitness and/or skill level. In the event I develop a medical condition mentioned above, or any other medical condition that can impact my ability to safely participate in KISMET activities, programs, services, or use its facilities or equipment, I will obtain my physician’s permission before I participate in or use any of the aforementioned. I further agree to notify KISMET if I am pregnant, ask for modifications and/or accommodations from KISMET instructors, and obtain permission from my doctor before participating in any KISMET activity, program, or service while pregnant. In the event I am involved in an accident or sustain any injury as a result of a medical condition that pre-existed my participation in any KISMET activity, program, service, or use of its facilities or equipment, I will indemnify and hold harmless KISMET for any liability, claims, losses, damages, costs, expenses, and/or other financial obligations incurred as a result of said accident, injury, and/or sickness, including but not limited to liens, attorney’s fees, and judgments. I do hereby acknowledge that I have been informed of the need for a physician’s approval for my participation in activities offered by KISMET, including programs and use of exercise equipment. I also acknowledge that it has been recommended that I have a yearly or more frequent physical examination and consultation with my physician to obtain clearance for physical activity. I acknowledge that either I have had a physical examination and have been given my physician’s permission to participate or I have decided to participate in KISMET activities, programs, services, and use of equipment without the approval of my physician and do hereby assume all responsibility for my participation in said activities, programs, services, and use of equipment. 

By signing this document, I hereby acknowledge that I have read, understand and agree to this document. I also represent that I am of legal age or a legal guardian agreeing to the aforementioned terms on behalf of my underage child. I represent that by signing this document I voluntarily agree to be bound by its terms. My signature below is proof of my intention to execute a complete and unconditional waiver and release of all liability to the full extent of the law.