Waiver of Liability & Release Agreement

PLEASE READ CAREFULLY – YOU MAY BE WAIVING YOUR LEGAL RIGHT TO A JURY TRIAL TO HOLD THE PROVIDER LEGALLY RESPONSIBLE FOR ANY INJURIES OR DAMAGES RESULTING FROM RISKS INHERENT IN THE SPORT OR RECREATIONAL OPPORTUNITY OR FOR ANY INJURIES OR DAMAGES YOU MAY SUFFER DUE TO THE PROVIDER’S ORDINARY NEGLIGENCE THAT ARE A RESULT OF THE PROVIDER’S FAILURE TO EXERCISE REASONABLE CARE.

In consideration of my participation in Heller Good, LLC, Experience, private yoga session, and associated events and Activities (collectively referred to as “EXPERIENCE”) and the services of Heller Good, LLC, its agents, owners, officers, volunteers, participants, employees, sponsors, and all other persons or entities acting in any capacity on its behalf, as well as its successor and assigns (collectively referred to as “Heller Good”), I, on behalf of myself, my spouse, my partner, my children, my parents, my heirs, assigns, personal representative and estate (collectively referred to as “Participant”), hereby agree to release and discharge Heller Good as follows:

Waiver of Liability and Release. Participant does hereby release and forever discharge Heller Good from any and all liability, claims, and causes in action, which arise or may hereafter arise or are in any way connected to Participant’s involvement in an EXPERIENCE. Participant understands that this Agreement discharges Heller Good from any liability or claim that the Participant may have against Heller Good with respect to any bodily injury, personal injury, illness, death, or property damage that may result from Participant’s involvement in an EXPERIENCE, whether caused by the negligence of Heller Good, or otherwise. Participant also understands that Heller Good does not assume any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to medical, health, or disability insurance in the event of injury or illness.

Participant understands and acknowledges that the Activities in which Participant will voluntarily engage in at an EXPERIENCE bear certain known inherent Risks that contribute to the unique character of these Activities, and that Heller Good cannot eliminate, alter, or control these inherent risks. These Risks include those inherent in yoga activities, hiking activities, as well as those inherent in Sonoran desert recreational activities.

Indemnification and Hold Harmless. Participant hereby agrees to indemnify and hold harmless Heller Good from any liability, claims, and causes in action, which are in any way connected to Participant’s involvement in an EXPERIENCE, or use of Heller Good facilities or equipment, including any such claims which allege negligent acts or omissions of Heller Good.

Medical Care. Participant does hereby release and forever discharge Heller Good from any liability, claims, and causes inaction that arise or may hereafter arise on account of any first aid, treatment, or service rendered or not rendered in connection with the Participant’s involvement in an experience.

Certification and Assumption of Risk. Participant hereby certifies that he/she/they is physically fit, has trained sufficiently for participation in the EXPERIENCE and has not been advised otherwise by a qualified medical person. Participant agrees that Heller Good is not qualified to evaluate Participant or Participant’s fitness for involvement in the EXPERIENCE. Participant must determine if he/she/they is sufficiently fit to participate. Participant hereby expressly and specifically assumes the risk of injury or harm in the Participant’s involvement in the EXPERIENCE, including, but not limited to all Risks. Participant agrees that his/her involvement in the EXPERIENCE is purely voluntary, and Participant elects to participate in the EXPERIENCE in spite of the Risks.

Definitions. “Activities” include, but are not limited to the following activities which may be provided and/or sponsored by Heller Good: virtual or in person yoga, hiking, high altitude hiking, meditation, sound healing, vocal toning, walking, excursions, transportation in Heller Good or other vehicles, training, classes, instruction, traveling to and from the EXPERIENCE, and all other activities associated with the EXPERIENCE. “Risks” include, but are not limited to those known risks inherent to the Activities specifically listed below, vehicular travel and traffic, road and trail conditions, known and unknown health conditions, allergies, sudden weather changes, rain, snow, wind, hail, lightening, high altitude or motion sickness, dehydration, heat stroke, snake bite, bee and other insect stings and/or bites, wild and domestic animals, inaccessibility to immediate medical attention, falling rocks and trees, equipment failure, driver error, Participant error, food provided, actions of other people, and acts of God.

Risks inherent in yoga activities are dangers or conditions that are an integral part of yoga activities, including but not limited to minor muscle strains, muscle sprains, bruises, abrasions, post-exercise muscle soreness, joint injuries, torn muscles, heat-related illnesses, broken bones, ACL injuries, back injuries, stroke, heart attack, paralysis, death, and injury or death caused by any of the following: equipment that breaks or otherwise fails, slips and falls, lack of nutrition or hydration, negligence on the part of Participant or other people around Participant, terrain, facilities, temperature, weather, condition, equipment, actions of other people including, but not limited to, participants, volunteers, spectators, and teachers.

Risks inherent in Sonoran desert recreational activities are dangers or conditions that are an integral part of Sonoran desert recreational activities, including but not limited to sudden weather changes, rain, snow, wind, hail, lightning, Participant’s physical condition and physical exertion for which Participant is not prepared, hypothermia, hyperthermia, high altitude and/or motion sickness, dehydration, heat stroke, snake bite, bee stings, insect bites and/or stings, wild and domestic animals, distance and inaccessibility to immediate medical attention, travel over rough terrain, falling rocks and trees.

Cancellation and Booking Policy: Any cancellation or reschedule made outside of 30 days of a private event (yoga, hike and yoga, sound bath, etc) will receive a 100% refund. Any cancellation between 7-30 days prior to a private experience/event will result in 50% refund. Any cancellation within 7 days there is no refund. If you booked a private yoga package or are a regularly scheduled client, reschedules are allowed but you must notify us via text, email or a phone call outside of 24 hours. If canceled within 24 hours of your regularly scheduled session, you will be charged the full amount for that session. For retreats, there are no refunds. Total amount paid can be transferred to a future retreat at Heller Good's discretion. In the event of a true, unavoidable emergency, all or part of your cancellation fee may be applied to future services.

Personal Property. Participant acknowledges and agrees that he/she is responsible for his/her equipment and all personal property during the EXPERIENCE and that Heller Good is not responsible in any way for such property whether it is lost, stolen or damaged.

Photographic Release. Participant does hereby grant and convey unto Heller Good all right, title and interest in any and all photographic images, video or audio recordings made by Heller Good during the EXPERIENCE, including but not limited to royalties, proceeds, or other benefits derived. Participant authorizes Heller Good to use such images, words, and likenesses for marketing, on websites, in brochures or other writings and any for any other legitimate purpose.

Interpretation and Governing Law. This document shall be construed broadly to provide a release and waiver to the maximum extent permitted under Nevada and/or Arizona law. If any portion of this document shall be held as invalid it is agreed that the balance shall continue to be in full force and effect. This document shall be governed by the laws of the State of Nevada and/or Arizona. Venue for any legal action shall be in the state or federal courts of Nevada and/or Arizona as applicable.