Assumption of Risk
ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT DECLARATIONS:
The provision of personal training services (in-person and/or online) by Parrish Pilates. (Company) And to Client, and Client’s use of any premises, facilities or equipment are contingent upon this Agreement.
ASSUMPTION OF RISK: Buyer and client acknowledge that the fitness programs purchased hereunder include participation in strenuous physical activities. Buyer and client agree to assume all risk and responsibility involved with participation in the physical activities. Buyer and client affirm that client is in good physical condition and does not suffer from any disability that would prevent or limit participation in the physical activities. We urge you to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. Buyer and client acknowledge participation will be physically and mentally challenging, and buyer and client agree that it is the responsibility of buyer and client to seek competent medical or other professional advice, regarding any concerns or question involved with the ability of the client to take part any physical activities by signing this agreement. You agree that if you engage in any physical exercise or activity, including personal training, or enter our premises or use any facility or equipment on our premises for any purpose, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment, whether provided to you by Company or otherwise, including injuries or damages arising out of the negligence of Company, whether active or passive, or any of Company’s affiliates, employees, agents, representatives, successors, and assigns. Your assumption of risk includes, but is not limited to, your use of any exercise equipment (mechanical or otherwise), sidewalks, parking lots, stairs, or other general areas of any facilities, or any equipment. You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to pilates equipment classes or mat classes, or any other sporting or recreational endeavor. You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of Company or otherwise.
RELEASE: You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Company (and Company’s affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Company, whether active or passive, or any of Company’s affiliates, employees, agents, representatives, successors, and assigns.
This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, (c) negligent instruction or supervision, including personal training, (d) slipping or tripping and falling while on any
portion of a premises or while traveling to or from personal training, including injuries resulting from Company’s or anyone else’s negligent inspection or maintenance of the facility or premises. We consider our center to be a center of excellence and occasional take photographs, videos, and other forms of media of our clients and facility and/or services for educational and promotional use. This may include, but is not limited to, book publications, journal article publications, promotional use on our websites, and social media accounts. By use of this website and execution of the agreement, you are agreeing to allow us the use of your name and likeness, voice, verbal statements, and image in any of these mediums and uses without compensation.
INDEMNIFICATION: By use of this website and execution of this agreement, you hereby agree to indemnify and hold harmless Company from any loss, liability, damage, or cost Company may incur due to the provision of personal training by Company to you.
ACKNOWLEDGMENTS: You expressly agree that the foregoing release, waiver, assumption of risk and indemnity agreement is intended to be as broad and inclusive and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. You acknowledge that Company offers a service to his/her clients encompassing the entire recreational and/or fitness spectrum. Company is not in the business of selling exercise equipment, or other such products to the public, and the use of such items is incidental to the service provided by Company. You acknowledge and agree that Company does not place such items into the stream of commerce. This release is not intended as an attempted release of claims of gross negligence or intentional acts. You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk and indemnity agreement. You are aware and agree that by using this website and executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against Company for Company’s negligence, or for any defective product used while receiving personal training from Company. You have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.