Liability Waiver

AGREEMENT FOR MY PILATES PARTICIPATION (ON PREMISES AND ONLINE)

PERSONAL RELEASE AND WAIVER OF LIABILITY

This Agreement for My Pilates Participation (this “Waiver”) is made to allow me to participate in exercise classes, events, or other programs (the “Program”) in connection with My Pilates, including its employees and contractors, its parent, subsidiaries, and affiliates, and each of their respective successors, assigns, and licensees (collectively, “My Pilates”) online and/or in, on, or about properties owned, leased, or otherwise under the control of My Pilates (the “Premises”).

 

1. Rules and Regulations: While participating in the Program or on the Premises, I agree to obey all rules, regulations, and policies of My Pilates, all applicable laws, and all directions of My Pilates staff. I understand that a violation of these rules, regulations, laws, or policies (as determined at the sole discretion of My Pilates or its representatives) may result in the termination of my participation in the Program and/or my removal from the Premises. Failure to adhere to such rules, regulations, laws, or policies may further result in my forfeiture of any amounts previously paid to My Pilates or amounts for which I am obligated to pay.

2. Activity Waiver: I am solely responsible for determining if I am physically and mentally fit and skilled for the activities in the Program. I agree and understand that my participation in the Program is voluntary, and that I am in good health, mental, and physical condition to participate in any activity in the Program. I acknowledge that there are certain risks of injury to participants in the Program (“Participants”), and I voluntarily agree, as a condition of my participation, to assume the full risk of any injuries, costs, damages, or losses, regardless of severity, that I may sustain as a result of participating in any and all activities connected with the Program.

3. Premises/Equipment Waiver: I understand that the use of the Premises and the equipment thereon, or otherwise sold or provided by My Pilates, carries inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. I understand and appreciate these risks that are inherent in my presence in, on, or about the Premises and my use or proximity to the equipment. I assert that my use or presence is voluntary and that I knowingly assume all risks related thereto.

4. Public Health Waiver: I acknowledge that the coronavirus disease, COVID-19, and other contagious diseases may pose significant health risks and may cause serious illness or death. While My Pilates may take precautionary measures to protect participants, there can be no assurance that anyone visiting the Premises will not be infected. I acknowledge, assume, and accept all health risks associated with such diseases, including the coronavirus, COVID-19, being present or transmitted on the Premises.

5. Liability Release: In consideration of My Pilates allowing me to participate in the Program, to the maximum extent permitted by law, I hereby forever release and discharge My Pilates from any and all claims, demands, or causes of action (including negligence [whether active, passive, or imputed], strict liability, product liability, or any other theory), which I and/or my heirs, successors, or assignees may now have or hereafter acquire by reason of (a) my participation in the Program or presence on the Premises, including as a result of death, personal injury, property damage, financial or other loss, damage, cost, or expense; (b) my contracting any infectious diseases, including COVID-19; (c) property that is lost, stolen, or damaged while on the Premises; or (d) My Pilates’ exercise of the rights herein granted. I agree not to assert any claim of any nature whatsoever against My Pilates or any party related to the subject matter hereof. I understand and agree that this Waiver will prevent myself and my heirs, successors, and assignees from bringing any action against My Pilates and from recovering any money damages or other relief from My Pilates in connection with any claims released herein.

6. Indemnification: On behalf of myself and my heirs, successors, and assignees, I hereby agree to indemnify, defend, and hold harmless My Pilates from and against any breach of this Waiver by me and/or any and all claims, actions, proceedings, judgments, costs, damages (including any direct, incidental, consequential, special, or punitive damages), losses, expenses (including attorneys’ fees and costs), and liabilities, whether under contract, warranty, tort, or any other theory, relating to any claim I may now or later have with respect to any death, personal injury, property damage, financial or other loss, damage, cost, or expense suffered by me or any third party as a result of my participation in the Program.

7. Representations and Warranties: I represent and warrant that I am free to enter into this Waiver and understand its contents and the legal implications of releasing Released Matters.

8. Choice of Law; Arbitration: The terms and conditions of this Waiver shall be interpreted and governed by the laws of the State of Arizona without reference to choice of law rules. The parties consent to the jurisdiction and venue of the state and federal courts located in Maricopa County, Arizona. Any dispute arising hereunder shall be resolved solely through binding arbitration conducted in Phoenix, Arizona under and pursuant to the commercial arbitration rules of JAMS, and I waive the right to a trial by jury. The arbitration shall be confidential, conducted in private, and not open to the public or media.

9. Miscellaneous: This Waiver shall be binding upon me and my heirs, successors, and assignees forever, and shall be freely assignable by My Pilates. This Waiver sets forth the entire understanding of the parties and may not be modified except by a written agreement signed by both parties. The illegality, invalidity, or unenforceability of any provision of this Waiver shall not affect the validity or enforceability of the remainder of this Waiver.

 

I have read this entire Waiver and fully understand its contents. I am agreeing to this Waiver and participating in the Program voluntarily, without any duress or undue influence.