Delray Beach

Sunday, December 14th we’re back at @athashala. Get ready for cold plunges, saunas, workout classes, hot yoga, wellness vendors, and giveaways!

Breathwork

Pilates

Ice bath

Dance

Sauna

HIIT

Yoga

WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
 
THIS WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT (THE “AGREEMENT”) CONTAINS A WAIVER OF YOUR RIGHT TO SUE, A RELEASE OF ALL CLAIMS, AS WELL AS OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS. PLEASE READ ALL OF THE PROVISIONS OF THIS AGREEMENT VERY CAREFULLY.

WAIVER: 
In return for being permitted to participate in the event identified below, including all associated activities and services offered at the event, and use of the premises, facilities, staff, equipment,  and transportation (collectively the “Event”), I, for myself and for my heirs, representatives, executors, administrators, successors, assigns, and any other person or entity acting on my behalf or on behalf of my estate, do hereby release, waive, discharge, and promise not to sue the Released Parties (as identified below) for any claim, damages, or liability, including from the negligence of the Released Parties, in connection with my participation in the Event, including without limitation, personal injury (including death), accidents or illnesses, and loss or damage to personal property. The term “Released Parties” means THE CLUB Delray, all sponsors, advertisers, service and treatment providers and other persons involved in the orchestration and execution of the Event, the owners and lessors of the premises where the Event is located, and all officers, directors, employees, partners, and shareholders of any of the foregoing.  

DESCRIPTION OF EVENT & ACTIVITIES:
Event Name: The Club Delray  
Event Activities: Event activities include, without limitation, the serving and consumption of food and beverages, cold plunges, ice baths, saunas, compression therapy, stretching, physical activity, intravenous (IV) treatments, red light therapy, congregation of people, dunk tanks, inflatable slides and obstacle courses, chiropractic treatment, massage, haircuts, beard trims, workout classes, padel, and various other activities.

ASSUMPTION OF RISKS: 
I acknowledge and agree that participation in the Event is completely voluntary, and that the Event activities involve certain inherent risks which cannot be completely eliminated regardless of the care taken to avoid them. The specific risks vary from one activity to another, and some other risks may not yet be known, but may include, without limitation:
•	Death
•	Paralysis
•	Heart attacks
•	Stroke
•	Electrocution from the use of electrical equipment during the Event
•	Drowning
•	Hypothermia/Hyperthermia
•	Frostbite
•	Exhaustion or heat stroke
•	Eye, joint, or bone injuries
•	Concussions and loss of consciousness
•	Scratches, bruises, sprains, and other injuries
•	Risks associated with the consumption of food and beverages, including without limitation, choking, foodborne illness, allergic reactions, or other adverse reactions
•	Minor/Severe burns
•	Exacerbation of pre-existing conditions relating to any of the foregoing, including skin cancer
•	Exposure to COVID-19 or any other bacteria, virus, or other pathogen capable of causing a communicable disease or illness
•	any alcohol related deaths or injuries 
•	any THC related deaths or injuries 
By clicking the consent box or electronically signing this Agreement, I represent, warrant, and declare that I have fully considered the risks associated with participating in the Event, that I do not have any health or medical condition or personal sensitivity that might be exacerbated by participation, that I have either consulted my medical provider about my participation in the Event and its associated risks or have knowingly decided not to consult my medical provider, and that I am making an informed decision to participate in the Event despite the potential risks.

INDEMNIFICATION AND HOLD HARMLESS: 
I agree to indemnify, defend, and hold the Released Parties harmless from and against any and all claims, actions, suits, procedures, costs and expenses (including attorney and expert witness fees and court costs), damages, and liabilities that may arise out of my breach of this Agreement or participation in the Event, and to reimburse the Released Parties for any of the foregoing that are incurred by the Released Parties in connection with my breach of this Agreement or participation in the Event.

REPRESENTATION OF AGE:
I hereby represent and warrant that I am at least 18 years of age at the time of signing this Agreement. I understand and agree that individuals under the age of 18 are strictly prohibited from participating in or attending the Event, regardless of the presence of a parent or legal guardian. By signing this Agreement, I acknowledge that I am eligible to participate in the Event based on this age restriction.

PUBLICITY RELEASE:
I hereby permit and authorize the Released Parties to: (a) use my name, image, and/or voice (collectively “Likeness”) in any photograph, image, video, motion picture, performance, or sound recording taken of the Event (collectively “Materials”) for any advertising, publicizing, marketing, or other commercial or lawful purpose, through any medium now known or hereafter created; (b) to edit, alter, and otherwise modify my Likeness as contained in the Materials; and (c) sell, assign, license, or otherwise transfer the foregoing rights to others. I understand and agree that there shall be no obligation to share the Materials with me, whether in their original form or as edited, altered, or modified (collectively “Modified Materials”), and I waive any and all right of privacy associated with the Materials and Modified Materials, including the right to inspect, edit, or approve them. In addition, I waive any and all right to receive royalties or other compensation arising from or related to the use of my Likeness in the Materials and/or Modified Materials, and agree not to seek such royalties or compensation. 

SEVERABILITY: 
I agree that this Agreement is intended to be as broad and inclusive as permitted by law, and that if any portion of this Agreement is held invalid, the remaining portions will continue to have full legal force and effect. 

GOVERNING LAW: 
This Agreement shall be governed by and construed in accordance with the laws of the country and state or territory in which the Event is held, without regard to its conflict of laws provisions.

CONSENT TO ELECTRONIC SIGNATURE:
I agree that clicking on the consent box or electronically signing this Agreement will have the same effect as if I were physically signing this Agreement and is evidence of my intent to be bound by this Agreement.

ACKNOWLEDGMENT OF UNDERSTANDING:
I have read this entire Agreement, fully understand its terms, have had the opportunity to consult with legal counsel, and understand that I am giving up substantial rights, including my right and the right of my heirs, personal representatives, successors and assigns, to sue the Released Parties. I confirm that I am signing the agreement freely and voluntarily, that I am not relying on any statements or representations of the Released Parties that are not expressly contained herein, and intend this Agreement to be a complete and unconditional release of all liability to the greatest extent allowed by law.

1. Ownership of Event Footage

All photos, videos, and other media content (“Footage”) captured at the Event—whether by the Partner, its agents, contractors, or affiliates—shall be considered the exclusive property of The Club Delray, unless otherwise agreed upon in writing.

2. Permission to Capture Content

The Partner shall not record, film, photograph, livestream, or otherwise capture any portion of the Event without prior written consent from The Club Delray 

3. Usage Restrictions

All captured Footage must be used solely for the purpose of promoting The Club Palm Beach, and must be pre-approved in writing by The Club Palm Beach before being published, posted, distributed, or used in any capacity—whether for marketing, commercial, or internal purposes.

4. Approval Process

Any proposed use of the Footage by the Partner must be submitted to The Club Delray for review. The Club reserves the right to approve or deny use at its sole discretion, and approval must be obtained in writing (email sufficient) before any public or private use of the material.

5. No Transfer or Licensing

The Partner may not sell, license, transfer, or grant rights to any third party to use the Footage without the express written consent of The Club Palm Beach.

6. Remedies

Any unauthorized capture or use of Footage will constitute a breach of this Agreement and may result in legal action, including but not limited to injunctive relief, damages, and termination of any current or future collaboration.
Protection Agreement

This Protection Agreement (“Agreement”) is entered into as of the date of acceptance by the undersigned Vendor or Guest (“Participant”), in favor of and for the benefit of The Club Delray (“The Club”).

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1. Identification & Assumption of Risk

The Participant acknowledges that participation in events hosted by The Club may involve physical activity, interaction with third-party vendors, exposure to wellness equipment, animals, or other event-related risks. The Participant voluntarily assumes all risks associated with participation, including injury, illness, property damage, or other loss, whether foreseeable or unforeseeable.

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2. Indemnification

The Participant agrees to indemnify, defend, and hold harmless The Club, its owners, officers, employees, affiliates, agents, and contractors from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
    •    The Participant’s participation in The Club’s events;
    •    Any act, omission, or negligence by the Participant or their employees/guests;
    •    Any injury, illness, or damage sustained by the Participant, their employees, or third parties.

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3. Hold Harmless Clause

The Participant agrees not to hold The Club liable for any injury, illness, property loss, or other damages that may occur during or as a result of any event. This includes damages caused by other vendors, guests, contractors, or unforeseen circumstances.

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4. Vendor-Specific Clauses

Vendors agree to the following additional terms:
    •    Vendors must maintain their own general liability insurance and provide proof upon request.
    •    Vendors are solely responsible for their equipment, setup, breakdown, and staff.
    •    Vendors must comply with all local laws, health codes, and safety requirements.
    •    Vendors may not promote or sell products that conflict with The Club’s brand standards without prior written approval.
    •    Vendors agree not to disparage or negatively impact The Club’s reputation, sponsors, or affiliates.

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5. Arbitration Clause

Any dispute, controversy, or claim arising out of or relating to this Agreement shall be resolved exclusively through binding arbitration under the rules of the American Arbitration Association (AAA). The decision of the arbitrator shall be final and enforceable in any court of competent jurisdiction. The Participant waives the right to trial by jury.

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6. Venue & Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any legal action or arbitration shall be Palm Beach County, Florida.

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7. Severability

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

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8. Acknowledgment

By signing or electronically accepting this Agreement, the Participant affirms that they have read, understood, and agreed to all terms, and that they are voluntarily giving up certain legal rights in exchange for participation in The Club’s events.

The Club Delray X ATHA Second Sundays

About this event

Cancellation policy