WAREHOUSE PILATES RELEASE, HOLD HARMLESS AND INDEMNITY AGREEMENT In consideration of my participation in health or fitness club training (“Training”) conducted by Warehouse Pilates, (“WP”) as well as receiving permission from WP to participate in Training, I agree and acknowledge as follows:
1. ACKNOWLEDGEMENT OF RISK. I am aware that participation in Training has risks involved and I am voluntarily participating in this activity with knowledge of the dangers involved.
2. ASSUMPTION OF RISK. I hereby assume the risks incidental to participation in Training, which risks may include, but are not limited to, muscle injuries and injuries to internal organs, broken bones, lacerations, serious injury, serious neck and spinal injuries resulting in complete or partial paralysis, brain damage, and death. I acknowledge that my participation in Training is entirely voluntary. I also understand such risks simply cannot be eliminated without jeopardizing the essential qualities of the Training.
3. RELEASE, HOLD HARMLESS AND INDEMNITY. On my own behalf and on behalf of my heirs, executors, personal representatives, administrators, and/or assigns, I hereby release, forever discharge, indemnify, and hold harmless WP, all of its officers, directors, shareholders, employees, agents, representatives, successors and assigns of and from all liabilities, claims, actions, damages, costs or expenses of any nature whatsoever for bodily injury (including death) and property damage arising out of or in any way connected with my participation in Training; even if such injury, loss, or damage is caused by the negligence of WP, any of its related and affiliated companies, or any of its officers, directors, shareholders, employees, agents, representatives, successors and assigns. This release, discharge, indemnity, and agreement to hold harmless WP, any of its officers, directors, shareholders, employees, agents, representatives, successors and assigns covers bodily injury (including death) and property damage, whether suffered by me before, during or after my participation in Training.
4. INSURANCE AND HEALTH. I represent that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in Training, or else I agree to bear the costs of such injury or damage myself. I further represent that I have no medical or physical condition which could interfere with my safety in Training, or else I am willing to assume – and bear the costs of – all risks that may be created, directly or indirectly, by any such condition.
5. SEVERABILITY. If any term of this Agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and comes closest to expressing the intention of such invalid or unenforceable term.
6. GOVERNING LAW. This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Michigan, without regard to its conflict of laws rules.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS WAIVER AND RELESE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF ALL LIABILITY IN ADDITION, I DO HEREBY WAIVE ANY RIGHT THAT I MAY HAVE, BY OR ON BEHALF OF MYSELF, MY SPOUSE OR AN CHILD (MINOR OR OTHERWISE), TO BRING A LEGAL ACTION OR ASSERT A CLAIM FOR INJURY OR LOSS OF ANY KIND AGAINST WP FOR NEGLIGENCE OR ARISING OUT OF OR RELATING TO PARTICIPATION BY MYSELF, MY SPOUSE OR CHILD IN ANY OF THE TRAINING, OR USE OF THE EQUIPMENT, FACILITIES OR SERVICES WP PROVIDES AS DESCRIBED IN THIS PARAGRAPH, OR ON ACCOUNT OF ANY ILLNESS, ACCIDENT, DAMAGE TO OR LOSS OF MY PERSONAL PROPERTY. If participating client is under the age of 18, a parent or guardian must sign this release in studio.