PILATES EVOLUTION LLC
LIABILITY WAIVER AND RELEASE AGREEMENT
updated 12/1/23
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PLEASE READ THIS AGREEMENT CAREFULLY AND COMPLETELY
This Liability Waiver and Release Agreement (the “Agreement”) is made and entered into between the “Participant” and Pilates Evolution LLC (the “Studio”) for services at their principal business address located at 247 Shoreline Highway in Mill Valley, California.
Whereas, the Participant desires to participate in Pilates classes or other services and activities offered by the Studio; and
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Whereas, the Studio requires all Participants to agree to this Agreement as a condition of participation in these classes, services, and activities.
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Therefore, in consideration of the the following covenants contained herein, the Studio and the Participant agree to the following:
1. Assumption of Risk
The Participant acknowledges and understands that fitness activities in general and Pilates specifically involve inherent risk, including but not limited to risk of pain, injury, property damage, and emotional distress. The Participant voluntarily assumes all such risk and agrees to hold the Studio harmless from any and all claims arising from such risks.
2. Release and Waiver
The Participant hereby releases the Studio and its directors, employees, owners, partners, agents, officers, trainers, consultants, advisors, and representatives (the “Released Parties”), to the fullest extent permitted by law, from any and all injuries, liabilities, damages, claims, losses, expenses, professional fees, and all other claims relating to or arising from Participant’s engagement in any class or other activity offered or provided by the Studio, including claims of negligence, misconduct, or recklessness. This release extends to the Participant’s family, heirs, executors, and any others who may bring legal action against the Studio in the future on behalf of the Participant.
3. Health Affirmation
The Participant agrees, prior to participating in any classes, services, or other activities provided by the Studio, that they are in good heath and capable of safely engaging in these activities. Furthermore, the Participant represents and warrants that they have disclosed any and all relevant medical conditions, injuries, or other health limitations. The Participant will immediately notify the Studio if they experience any pain, discomfort, or injury while engaged in activity. Participant will also notify the Studio of any relevant changes in their health condition that could affect their ability to safely participate services offered by the Studio.
4. Indemnification
The Participant agrees to indemnify and hold harmless the Released Parties from any and all injuries, liabilities, damages, claims, losses, expenses, professional fees, and all other claims relating to or arising from Participant’s engagement in any class or other activity offered or provided by the Studio, including claims of negligence, misconduct, or recklessness.
5. Severability
If any provision of this Agreement is invalid or unenforceable, the other provisions in this Agreement remain in full force and effect.
6. Entire Agreement
This Agreement constitutes the entire agreement between the parties and replaces and supersedes any and all prior agreements, representations, or communications, whether written or oral, related to the subject matter.
7. Jurisdiction
This Agreement will be governed by the laws of the State of California.
8. Waivers
No waiver of any provision of this Agreement will be effective unless in writing and signed by both parties.
9. Notices
All notices and communications related to this agreement shall be in writing. Participant may send notices and communications for the studio to the following address:
Pilates Evolution LLC
247 Shoreline Highway #A5
Mill Valley, CA 94941
The Studio will send notices to the Participant to the address on file provided by the Participant.