WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT GO PILATES, LLC.
In consideration of the services of GO PILATES, LLC., its agents, owners, officers, volunteers, participants, employees, independent contractors and all other persons or entities acting in any capacity on its behalf hereinafter collectively referred to as GO PILATES.
I hereby agree to release, waive, indemnify, discharge and covenant not to sue GO PILATES, on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows: I acknowledge that services provided by GO Pilates entail physical activity that, by its very nature, carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. GO Pilates provides digital workout services such as aerobic activities as well as Pilates and functional training.
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Some of these activities involve strenuous exertions of strength involving various muscle groups, some involve slow movements involving change of direction, and others involve sustained physical activity which places stress on the cardiovascular system. The specific risks vary from one activity to another, but the risks range from (i) minor injuries such as scratches, bruises, and sprains; (ii) major injuries such as joint or back injuries, heart attacks, and concussions; and (iii) catastrophic injuries including paralysis and death. I expressly agree and promise to accept and assume all of the risks existing in this activity.
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My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Go Pilates from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of GO Pilates 's services, including any such Claims which allege negligent acts or omissions of GO Pilates. Should GO Pilates or anyone acting on its behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the price of injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
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In the event that I file a lawsuit against GO Pilates, I agree to do so solely in the state of ARKANSAS, and I further agree that the substantive law of that state of ARKANSAS shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
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I have read this waiver of liability, assumption of risk and indemnity agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I acknowledge that by purchasing this session/or private lesson that I am signing the agreement freely and voluntarily, and intend by purchasing a class or privates lesson my signature to be a complete and unconditional release of all liability to the greatest extent
allowed by law.
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RELEASE OF LIABILITY & ASSUMPTION OF RISK
Description of Potential Risks: I understand that the reaction of the heart, lung, and blood vessel system to such exercise cannot always be predicted with accuracy. I know there is a risk of certain abnormal changes occurring during or during exercise, which may include abnormalities of blood pressure or heart rate, in effect of functioning of the heart, and in rare instances heart attacks. Use of the weighted springs reformer equipment, and engaging in heavy body calisthenics, can lead to musculoskeletal strains, pain, and injury if adequate warm-up, gradual progression, and safety procedures are not followed.
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No Supervision: I understand that I am purchasing a Pilates reformer session, I am aware that there will be no supervision or assistance. I am aware that if I get injured, become unconscious, suffer a stroke or heart attack or any other medical emergency or event that there will likely be no one to respond to my emergency and that GO PILATES has no duty to provide assistance to me while I am at the gym. I understand that even though GO Pilates Studio is equipped with surveillance cameras, these record, but are not monitored continuously; help will not be available.
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I have chosen to engage in such exercise activity, without supervision, staffing or monitoring and assume all additional risks associated with such including the possibility of injury, enhanced injury, greater or more severe injury or even death. I release, discharge and acquit GO PILATES LLC, all of its directors, officers, employees, representatives and agents from any and all claims or causes of action related to my use of GO PILATES LLC, its equipment and/or the lack of emergency response or timely emergency response for me if I need such. I hereby expressly assume all such risks.
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I agree that improper unauthorized use of the facility may result in suspension or cancellation. I agree not to let anyone use my code for any reason, and agree to report any situation that appears to be codes sharing to the Go Pilates Owner. A security camera system has been installed to monitor instances of entering the studio. I understand that one act of will result inappropriate use of the studio will result in immediate suspension or termination. The GO Pilates Studio reserves the right to suspend or cancel the rights, privileges and sessions of any member whose actions are detrimental to the use, safety, and enjoyment of the facility.
Consult a Physician: I certify that I am in good physical health and I am able to undertake and engage in the range of physical activities in which I choose to participate at GO PILATES STUDIO. Any pre-existing medical conditions I have are not the responsibility of GO PILATES STUDIO.
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I assume all responsibility for updating the STUDIO with respect to any changes in my physical or mental condition and for reporting all injuries sustained at the facility to the rec center staff. I understand and am aware that strength, flexibility, aerobic and anaerobic exercise, including the use of any equipment, is a potentially hazardous activity.
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I also understand that fitness activities involve a risk of injury and even death and that I am voluntarily participating in these activities and using equipment with knowledge of all the dangers involved. I do hereby agree to expressly assume and accept any and all risks of injury or death either accidental or otherwise.
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This waiver, release and indemnification agreement includes, without limitation, all injuries which may occur as a result of (a) my use of all amenities and equipment in the facility and my participation in any class, activity or personal training, (b) sudden unforeseen malfunctioning of any equipment and (c) my slipping or falling while in the facility, on the facility premises, including adjacent sidewalks and parking areas.
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I acknowledge that I have carefully read this waiver, release and indemnification agreement and fully understand that it is a full and complete release of all liability. Duty to Inform of Changes in Health Condition I understand that I am required to inform Go Pilates of any material changes in my health condition in the future, including but not limited to, any changes which would cause me to change my responses to the questionnaire above. General This contract represents the complete understanding between you and the Go Pilates Studio. No representations, written or oral, other than those contained in this contract are authorized or binding upon the studio.
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Should any part of this agreement due to legal or other regulatory changes become unenforceable, the remaining provisions within this agreement not impacted by such change shall remain in full force as originally written. You agree to promptly update Go Pilates of any changes of address, phone, e-mail address and/or bank account/credit card information. I certify that I have read and understand all of the terms of the gym agreement and agree to continue to abide by all of the terms of this agreement.
CPR Waiver: I understand, agree and accept that GO Pilates does not have personnel trained in
cardiopulmonary resuscitation (CPR), on the premises, at any time. As a consequence, I understand, agree and accept that if I enter the premises of GO Pilates and/or engage in activity and if I suffer an event that would be responsive to CPR, no such response will be forthcoming.
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I understand, agree, and accept that Go Pilates relies solely on public emergency medical services (EMS) for responding to an event that would benefit from CPR. I understand, agree and accept that EMS response times may be, and probably will be, longer than if CPR were available on site at all times.
I understand, agree, accept and appreciate these facts and risks. I have chosen to engage in actively on the premises of Go Pilates.
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I understand and agree that no refunds will be given, for unused time, or sessions.
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Participants will not remove anything NOT belonging to that member, including but not limited to any piece of equipment or décor belonging to GO PILATES STUDIO from the premises.
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Grippes socks MUST be worn at all times.
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Non-member spouses, non-member children, non-member family members and non-member friends are not permitted to be in the studio due to insurance policies.
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Participates will wipe off each piece of equipment used immediately after completing their session.
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Camera and Audio Waiver: By signing this form, I am allowing and acknowledging that I am being recorded. Audio and video tape recording in the Go Pilates Studio for insurance and safety purposes only. I also understand this consent for recording is effective anytime you enter the studio.
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By my signature I/We indicate that I/We have read and understand this Waiver of Liability. I am aware that this is a waiver and a release of liability and I voluntarily agree to its terms.