ABL Pilates Liability Waiver and Release Form
This agreement is made between ABL Pilates (referred to herein as the “Instructor”) and the undersigned client (referred to herein as the “Client” or “I”) hereby agree to the following terms and conditions regarding client’s use of ABL Pilates.
1. The Activities.
You will be participating in Pilates classes at ABL Pilates. We offer personal and group pilates classes with various equipment, which may involve but are not limited to the following activities (the “Activities”):
1.1 Flexibility training in the form of Pilates positions, body weight exercises, use of Pilates equipment for stretching and resistance exercises, strength exercises, mobility, range of motion exercises, breathing
exercises, and relaxation exercises. We may also use touch to facilitate proper mechanics and use exercises based on Pilates principles but which may not be codified as Pilates exercises. The constant in all of these classes is that the Activities involve moving in full ranges of motion, strength training, and postural training. The Activities may involve receiving adjustments from instructors, so please advise in advance if you do not want adjustments.
1.2 To be crystal clear, we do not diagnose or treat diseases or any other conditions which may be acute or chronic. Pilates is not physiotherapy nor physical therapy, and we teach Pilates and do not offer physiotherapy services. Please let us know in advance if you have any questions about this.
2. Equipment.
In the course of the Activities, the client will use a variety of equipment (the “Equipment”), which may include but is not limited to: straps, mats, reformer, chairs, tower, rings, resistance bands, cadillac, barrels,
dumbbells, foam rollers, massage balls. Please do not use any Equipment not instructed by ABL Pilates instructor. ABL Pilates has the right to claim on any damages on equipment or property by the client.
3. Inherent Risks.
The client understand that participating in the Activities poses inherent risks, some more obvious/serious than others. These risks can result in serious harm and injuries that could change your quality of life and,
in very rare and extreme circumstances, may even result in death. You agree that by participating in pilates exercise either in private or group class, is at your own risk
3.1 Injuries include but are not limited to things like muscle tears, strains and other musculoskeletal injuries, sprains, broken bones, cardiovascular complications, dehydration, dizziness and fainting.
3.2 Exposure to and contraction of COVID-19 or other communicable diseases passed on via other participants and use of shared space or Equipment.
4. PHYSICAL CONDITION OF CLIENT
The Client represents and warrants that they are in good physical condition and have no disability, impairment, ailment, or discomfort that may prevent them from engaging in exercise or that could be detrimental to their health, safety, comfort, or physical condition. The Client acknowledges that:
4.1 The Instructor has not made any claims regarding medical results or suggested any medical treatment.
4.2 It is recommended that the Client consult a physician prior to beginning this exercise program and obtain medical clearance.
4.3 The Client is responsible for informing the Instructor of any pain experienced before, during, or after participating in the exercise program.
5. CANCELLATION POLICY
ABL Pilates has 24 hour cancellation policy for all classes offered.
5.1 All scheduled classes may be cancelled by the Client with 24 hours’ notice to the studio.
5.2 If cancellation notice is not received within 24 hours prior to a scheduled class, the Client agrees to redeem a class credit.
5.3 The studio has the right to cancel classes, change class times, or substitute instructors. If the studio cancels a class, you'll receive a non-expiring class credit.
5. WAIVER AND INDEMNIFICATION
I am aware of and recognizes the dangers and risks of injury to person and property that may arise from using the studio’s facilities, including, but not limited to, injuries from slipping, falling, excess fatigue, muscle strain, or other unforeseen causes. With full knowledge of these risks, the Client agrees to use the facilities at their own risk and PERSONALLY ASSUMES ALL RISKS for any harm, injury, or damage that may occur as a result of using the studio’s services.
I hereby fully and forever RELEASES, RELINQUISHES, ACQUITS, and DISCHARGES ABL Pilates, its trainers, owners, managers, employees, or agents (collectively, “Released Parties”) from any and all claims, demands, actions, causes of action, and rights (whether known, unknown, contingent, accrued, or otherwise) that the Client may have against the Released Parties arising out of or related to the negligence of ABL Pilates or its trainers.
I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, “Releasor,” “I” or “me”, which terms shall also include Releasor’s parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity.
I hereby release and forever discharge ABL Pilates, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively “Releasees”), from any physical or psychological injury that I may suffer as a direct result of my participation in the aforementioned Activity.
I further agree to indemnify, defend and hold harmless the Releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone
On my behalf, including attorney fees and any related costs.
I further acknowledge that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees. In the event that I should
require medical care or treatment, I authorize ABL Pilates to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of AEDs, emergency medical transport, and
sharing of medical information with medical personnel.
I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance. In the event that any damage to equipment, field or facilities occurs as a result of my or my family’s or my agent’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness. Both participant and ABL Pilates agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted altering or explain the terms of this agreement, but that it will be interpreted based on the
language in accordance with the purposes for which it is entered into.
The Client expressly warrants that no promise or agreement not contained herein has been made, and the Client is not relying upon any statement or representation of the Released Parties.
Photo/Video Release
I hereby grant the ABL Pilates permission to use my likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web- based publications, without payment or other
consideration.
I understand and agree that all photos will become the property of the ABL Pilates and will not be returned.
I hereby irrevocably authorize the ABL Pilates to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my
likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo.
I hereby hold harmless, release, and forever discharge ABL Pilates from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.
ACKNOWLEDGMENT
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME. I INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE
GREATEST EXTENT ALLOWED BY LAW.