Liability Waiver
RELEASE OF LIABILITY AND EXPRESS ASSUMPTION OF RISK
I (individually and on behalf of myself, any members on my membership agreement, and any of my guests) represent that I am in good health, at least 18 years of age, have the necessary current medical approval to engage in physical exercise and Pilates based instructional classes at Bodytone Studio, LLC (BT), and have no disability, impairment, injury, disease and ailment preventing me from engaging in physical exercise and fitness based instructional classes which would cause risk of injury or adverse health consequences as a result of engaging in physical exercise and fitness based instructional classes. I acknowledge that BT is relying upon this representation and warranty and I understand that BT does not and will not investigate or certify my health or my fitness to participate in physical exercise and fitness based instructional classes.
In consideration of BT’s agreement to allow me to participate in any activity or be present upon BT premises, I (individually, as agent for and on behalf of my spouse, partner, heirs, children, unborn children, next of kin, distributes, guardians, legal representatives, and assigns) do hereby knowingly, voluntarily and intentionally, fully, absolutely and completely agree that if I engage in any physical exercise or activity or am present at any BT facility, I do so or am present at my own risk and assume the risk of any and all injury, contracting a virus or disease, and/or any other damage while on the premises and/or engaging in any physical exercise or activity. My assumption of risk includes, without limitation, my use of any exercise equipment (mechanical or otherwise), the locker room, sidewalk, parking lot, stairs, lobby area, or any equipment in or about the BT facility. I agree to assume the risk of my participation in any activity, class, program, instruction, or BT sponsored event.
I acknowledge and understand that BT is a “hands on” studio, meaning that instructors make corrections by physical touch, and waive and release any claims arising out of the same.
I agree that I am voluntarily participating in the aforementioned activities and using any BT equipment, facilities and premises and assume all risk of injury, contracting a virus, disease or other illness, damage, or loss to me or my property that might result, including, without limitation, any loss or theft of any personal property.
I agree to forever release and discharge BT and any of their related companies and their owners, shareholders, officers, directors, employees, instructors, trainers, contractors, agents, representatives, insurers, successors and assigns (cumulatively “Releasee(s)”) from any and all claims or causes of action (known or unknown) arising out of the negligence, whether active or passive, of any Releases.
This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) My use of any exercise equipment or facilities which may malfunction or break, (b) Releasee’s improper maintenance of any exercise equipment or facilities, including but not limited to contracting a virus or disease as a result of same, (c) Releasee’s negligent instruction or supervision, including personal training, and (d) My slipping or tripping and falling while at any BT facility for any reason, including Releasee’s negligent inspection or maintenance of the facility.
By execution of this Agreement, I hereby agree to indemnify and hold harmless Releasee from any loss, liability, damage, or cost any Releasee may incur due or related to my presence at any BT facility. I further expressly agree that the foregoing assumption of risk, release, waiver, and indemnity agreement is intended to be broad and inclusive as permitted by the laws of the state of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effort.
This agreement is not intended as an attempt to release gross negligence or intentional torts. I acknowledge that BT facilities are designed to and do offer a service to their members encompassing the entire fitness spectrum. BT is not in the business of selling Pilates equipment, exercise equipment, or other such products to the public, and the use of such items is incidental to the service provided by BT. I acknowledge and agree that BT does not place such items into the streams of commerce.
I understand that BT has video cameras installed at its facilities which record photos, audio and video. By being on any BT premises or attending or participating in any BT activity, whether on or off the premises, I consent to being filmed, audio recorded and/or video recorded and to the use of any photographs, pictures, film, audio or videotape taken of me or provided by me for publicity, marketing, advertising, promotion, television, or any other use. And expressly waive any right of privacy, compensation, copyright or other ownership rights connected to the same. This provision shall survive termination of the Agreement.
By signing this agreement, I hereby acknowledge and expressly consent to receive electronic communications, including but not limited to newsletters, promotions, special offers, and other related material, from Bodytone Studio ("the Company") to the email address and mobile phone number provided. This includes communications sent via email and SMS (text messages).I understand that my consent to receive these communications is voluntary and not a condition of any purchase or service. Standard messaging and data rates may apply for SMS communications.I further acknowledge that I have the right to withdraw my consent at any time by using the 'unsubscribe' link provided in every email sent by the Company, replying 'STOP' to any SMS received, or by notifying the Company in writing. I understand that the Company respects my privacy and will not share, sell, lease, or trade my email address or mobile number with any third-party entities without my explicit consent.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY AND EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT. I AM AWARE AND AGREE THAT BY EXECUTING THIS WAIVER AND RELEASE, I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST ANY OF THE RELEASE FOR THEIR NEGLIGENCE, OR FOR ANY DEFECTIVE PRODUCT ON BT PREMISES. I HAVE READ AND VOLUNTARILY SIGNED THIS WAIVER AND RELEASE OR AUTHORIZED ANOTHER TO SIGN IT ON MY BEHALF, AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENTS APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE. I AGREE THAT THE ABOVE REPRESENTATIONS ARE CONTRACTUALLY BINDING, AND ARE NOT MERE RECITALS, AND THAT SHOULD ASSERT ANY CLAIM IN CONTRAVENTION OF THIS AGREEMENT, I SHALL BE LIABLE FOR THE EXPENSES (INCLUDING REASONABLE ATTORNEYS FEES) INCURRED BY ANY RELEASE IN DEFENDING AGAINST ANY SUCH CLAIM OR ACTION. I ACKNOWLEDGE THAT THIS RELEASE WAS NEGOTIATED BY AND BETWEEN THE PARTIES TO THIS AGREEMENT, AND THAT BY MY SIGNATURE BELOW, AND/OR BY USING OR BEING PRESENT ON BT PRESSES OR ACCEPTING ANY BT SERVICES, I USE THE FACILITY OR ACCEPT THE SERVICES SUBJECT TO THIS RELEASE.
(BodyTone Studio will provide this release to you for your signature and consent)
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