WAIVER OF LIABILITY AND RELEASE AGREEMENT FOR PILATES ACTIVITIES
I wish to participate in Pilates and/or various exercises, with or without equipment (the “Activities”), with Alana Wilbur dba BOWA Pilates. As a precondition to participating in the Activities, I have read and understand the following Waiver of Liability and Release Agreement (the “Agreement”) and agree to its terms.
1. Assumption of Risk. I understand that participating in the Activities entails inherent risks of physical injury, including, but not limited to, the risks described in the Activities Detail at the bottom of this Release Agreement. I have been given the chance to ask questions concerning the Activities Detail, and all such questions have been answered to my satisfaction. Having read this form, I am fully aware of the risks and hazards associated with the Activities, and hereby elect to voluntarily participate, and/or have my child participate, in the Activities. I voluntarily assume full responsibility for any risks of loss, property damage or personal injury, including death, that may be sustained by me or my child as a result of participating in the Activities, unless caused by the gross negligence or willful misconduct of Alana Wilbur dba BOWA Pilates, or her authorized agents, employees, contractors, volunteers, landlords, or equipment suppliers or manufacturers (collectively referred to as “BOWA Pilates”).
2. Liability Release. In consideration for BOWA Pilates allowing me to participate in, and instructing and training me in the Activities, I agree I will not sue BOWA Pilates and I release BOWA Pilates from any and all liabilities, claims, demands, actions, causes of actions, costs and expenses of any nature whatsoever arising out of any loss, damage, or injury, including death, that may be sustained by me or my child or to any property belonging to me, arising from the Activities or while upon the premises where the Activities are being conducted, excepting those claims arising from the gross negligence or willful misconduct of BOWA Pilates.
3. Indemnification. I agree to indemnify and hold harmless BOWA Pilates from and against any loss, liability, damage or costs, including court costs and attorneys’ fees, that BOWA Pilates may incur arising from my or my child’s involvement in the Activities, excepting those claims arising from the gross negligence or willful misconduct of BOWA Pilates.
4. Warranty of Physical Fitness. I warrant that I am, or my child is, physically fit and in a condition that will allow full participation in the Activities. I maintain medical insurance that covers me, and my child, for accidents and illnesses while participating in these Activities. I acknowledge that before participating in the Activities or any exercise program I should obtain a full physical check-up from a medical doctor. I understand BOWA Pilates has not made, nor will make, any investigation into my or my child’s physical fitness or ability to participate in the Activities, and BOWA Pilates is relying on this warranty of physical condition. I assume full responsibility for payment of medical expenses not covered by my insurance incurred as a result of my or my child’s participation in the Activities. I acknowledge that the Activities may be dangerous for those with heart or blood pressure conditions and those with balance and coordination difficulties. The Activities are designed to improve muscular strength, tone, and flexibility and require a reasonable sense of balance and coordination.
5. Emergency Medical Treatment. I grant BOWA Pilates permission to authorize emergency medical treatment as it deems appropriate, and agree that such action by BOWA Pilates shall be subject to the terms of this Agreement. I understand and agree that BOWA Pilates assumes no responsibility for any injury or damage that might arise out of or in connection with such authorized emergency medical treatment.
6. 24-Hour Cancellation Policy. I understand that my scheduled sessions have an impact on the schedule of BOWA Pilates and the overall schedule of the studio in which the sessions occur. Any and all cancellations made with less than 24 hours’ notice will be charged the full price of the session.
It is my express intent that this Agreement shall bind the members of my family and spouse (if any), my estate, heirs, administrators, assigns, and personal representatives. I agree that this Agreement and any claim arising from my or my child’s participation in the Activities shall be construed in accordance with the laws of the state of California, without regard to its conflicts of law provisions. The state and federal courts in San Diego County shall be the forum for any lawsuits arising from the Activities or incident to this Agreement, and I hereby irrevocably consent to the jurisdiction and venue of the California and San Diego County courts. The terms of this Agreement shall be severable, such that if a court of competent jurisdiction holds any term to be illegal or unenforceable, the validity of the remaining portions of this Agreement shall not be affected thereby.
In signing this Agreement, I acknowledge that I have read both pages of this Waiver and Release Agreement form, understand it, and agree to be bound by its terms. I further acknowledge that I sign this Waiver and Release Agreement voluntarily and I am at least eighteen years of age. If I am not at least eighteen years of age, my parent or legal guardian shall read, understand, and sign this Waiver and Release Agreement on my behalf.
ACTIVITIES DETAIL
Name of Activities: Pilates and/or Various Exercises, Instruction, and/or Training
By participating in the above activities, you may be exposed to several inherent risks, including but not limited to those listed below:
Strained/Pulled Muscles, Muscle cramps, Ligament or Tendon Damage, Tripping and Falling (e.g., from equipment, Abrasions, cuts, and contusions, Sprained ankles or wrists, Broken or fractured bones, Dehydration, Concussions, Fainting, Various Other Bodily Injuries or Death
Please conduct your participation with the safety of yourself and others in mind.
THIS IS A RELEASE OF LEGAL RIGHTS. I HAVE READ AND UNDERSTAND THE ENTIRE DOCUMENT.