ASSUMPTION OF RISK, RELEASE OF LIABILITY, WAIVER OF CLAIMS, and INDEMNITY AGREEMENT (THE “WAIVER”) BY SIGNING THE WAIVER, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE AND CLAIM COMPENSATION FOR INJURY
PLEASE READ CAREFULLY!
ONLY ONE GUEST IS PERMITTED PER WAIVER
TO: STUDIO PILATES INTERNATIONAL CANADA LIMITED., and each of its directors, officers, employees, owners, volunteers, agents, successors, assigns, insurers, affiliates, contractors and subcontractors, suppliers, representatives, participants, sponsors and franchisees (collectively, “Studio Pilates”).
DEFINITIONS:
In the Waiver, the term “Facility” means the areas located in and surrounding the premises, including but not limited to its reception area, changerooms, showers, washrooms, and other equipment and apparatuses, eating areas, hallways, walkways, ramps, stairs, elevators, doorways and other access points, parking lots, driveways, sidewalks, lawns and other vegetation and landscapes.
In the Waiver, the words “use of the Facility” shall include all activities at the Facility, including but not limited to classes, stretches, lifts, use of props, use of reformer machines, gymnastic movements, bodyweight exercises and other physical activities, and all other uses, events and other services involving or related in any way to the Facility, which are provided, arranged, organized, conducted, sponsored or authorized by Studio Pilates.
ASSUMPTION OF RISKS:
1. I am aware that my use of the Facility involves many risks, dangers and hazards to myself and my property, which include, but are not limited to: skin irritation; cuts, scrapes and bruises; nail and or nail bed injuries; open and closed head injuries including concussion; eye injuries; ear injuries; muscle and joint sprains and strains; broken bones, allergic reactions; paralysis; death; injuries arising from wet and slippery floors, ramps, stairs, equipment, other surfaces; falls from elevated surfaces and equipment in the Facility; loss of balance; slipping; tripping; falling; impact or collision with other people, equipment and/or other objects or physical structures; exposure to dirt, mold, bacterial, viral and fungal agents, and other pathogens; theft, loss of, or damage to, personal property; misuse or malfunctions of equipment, furniture or apparatus, horseplay and negligence of other Facility users, absence of first aid personnel; and NEGLIGENCE ON THE PART OF STUDIO PILATES, INCLUDING THE FAILURE OF STUDIO PILATES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME OR MY PROPERTY FROM THE RISKS, DANGERS AND HAZARDS OF USING THE FACILITY INCLUDING THOSE REFERRED TO ABOVE. I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS OF USE OF THE FACILITY INCLUDING THOSE REFERRED TO ABOVE. I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBLITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM OR RELATING IN ANY WAY TO MY USE OF THE FACILITY.
2. I acknowledge and agree that all activities at the Facility, including workouts and classes, are recreational sports activities and may involve strenuous physical activity including, but not limited to stretches, lifts, use of props, use of reformer machines, gymnastic movements, strenuous bodyweight exercises and other strenuous activities that I am not obliged to perform, nor am I obliged to participate in any activity that I do not wish to do, and that it is my right to refuse such participation at any times.
3. I understand that there are inherent risks in all aspects of physical exercise and I acknowledge that I have been informed of the possible strenuous nature of training and other physical activities at the Facility. I agree that prior to my participation in any such activities I will inform Studio Pilates International of any known medical conditions or factors that may place me at risk. Studio Pilates may request a medical release from my medical practitioner prior to participation. I will inform Studio Pilates of any symptoms before, during and after participation in a Studio Pilates class.
4. I also understand and agree that if I am a prenatal or postnatal client, I must consult with my physician and receive clearance to perform physical exercise
5. Studio Pilates shall not undertake and hereby disclaims any obligation (whether contractually, at common law or otherwise) to advise or treat me in relation to any of the matters referred to in the preceding paragraph. I acknowledge that it is my obligation and mine alone to take responsibility for my health and wellbeing during any type of exercise I undertake with Studio Pilates.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY:
In consideration of STUDIO PILATES permitting my use of the Facility, and for other good and valuable consideration, the sufficiency of which is acknowledged, I, ON BEHALF OF MYSELF, MY SPOUSE, MY CHILDREN, MY PARENTS, MY HEIRS, MY ASSIGNS, MY PERSONAL REPRESENTATIVES, AND MY ESTATE, AGREE AS FOLLOWS:
1. TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future against STUDIO PILATES and to release STUDIO PILATES from any and all liability for any loss, damage (including punitive damages), expense or injury, including death, that I may suffer or that my spouse, my children, my parents, my heirs, my assigns, my personal representatives or my estate may suffer as a result of my use of the Facility DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, BREACH OF STATUTE, BREACH OF REGULATION, BREACH OF ANY STATUTORY OR REGULATORY DUTY OF CARE AND/OR WARRANTY, INCLUDING ANY DUTY OF CARE OWED UNDER THE [OCCUPIERS’ LIABILITY ACT, R.S.O. 1990, C. O.2] and [“OCCUPIERS LIABILITY ACT, RSBC 1996, c337”] BY STUDIO PILATES, AND ALSO INCLUDING ANY FAILURE ON THE PART OF STUDIO PILATES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS OR HAZARDS OF MY USE OF THE FACILITY INCLUDING THOSE REFERRED TO ABOVE.
2. I knowingly waive the right to a jury trial in connection with any claim arising out of or in any way relating to my use of the Facility or this Waiver.
3. To hold harmless and indemnify STUDIO PILATES of and from any claims and liability, including all related legal fees and expenses, for any property damage, loss, personal injury or death to any third party, arising from or connected in any way with my use of the Facility.
4. That the Waiver and any rights, duties and obligations as between the parties to the Waiver shall be governed in accordance with the laws of the Province of the Facility and no other jurisdiction.
5. That any litigation, actions, suits or claims brought by me, my spouse, my children, my parents, my heirs, my assigns, my personal representatives or my estate against STUDIO PILATES arising or connected in any way to my use of the Facility, shall be brought solely within the Province of the Facility and shall be in the exclusive jurisdiction of the courts of the Province of the Facility unless otherwise agreed to by the parties to the Waiver.
6. I acknowledge that this Waiver may be pleaded in response as a bar to any legal proceeding taken by me or on my behalf.
7. That if any portion of the Waiver is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
ADDITIONAL TERMS:
1. In checking the box below I represent and warrant to Studio Pilates that I have not experienced any injury, back, neck or joint pain, restricted movement, heart issues, asthma, or high or low blood pressure, arthritis, slipped or bulging vertebral disk, pelvic floor conditions, dizziness, diabetes, epilepsy, hernia, bone degeneration, high cholesterol, allergies or chronic illness. I also declare that I have notified Studio Pilates if I am pregnant, have given birth in the last 12 months, and/or if I have undergone surgery in the past 12 months
2. If any of the above health conditions apply to you, please include full details in the Studio Pilates Injury and Medical Information form by clicking on the link below: https://www.studiopilates.com/injury-information/
3. By checking the box below I also acknowledge that I am aware that to ensure that Studio Pilates International is able to provide me with the best possible service, all studios have been fitted with CCTV cameras and audio that are operated on an ongoing basis. These cameras and audio are used strictly for security, protection and training purposes only.
4. I understand that from time to time Studio Pilates may film or photograph the classes, activities or services provided by Studio Pilates International. By checking the box below, I permit Studio Pilates and its licensees or assignees to use, publish, reproduce, distribute, create derivative works of, perform, display and/or otherwise exploit my name, image, voice and likeness, either complete or in part, alone or in conjunction with any wording, for uses including publicity and/or merchandising and/or editorial purposes in any country in connection with any part of the business of Studio Pilates in any manner and in all forms of media whether now existing or developed in the future. I hereby waive any moral rights including the right to inspect and approve the photographs or videos or the printed/digital/electronic matter that may be used in conjunction with them now or in the future, regardless of whether that use is known or unknown. I waive any right to copyright or royalties or other compensation from or related to use of the photography or videos or adaptations thereof.
5. That the Waiver shall be effective and binding upon my spouse, my children, my parents, my heirs, my assigns, my personal representatives or my estate in the event of my death or incapacity.
6. All persons under 18 years of age must have a Waiver signed on their behalf by a parent or guardian before attending a Studio Pilates International class. Once the parent or guardian has signed the waiver, persons under 18 years of age may attend Studio Pilates classes.
I CONFIRM that in entering into the Waiver, I am not relying on any oral or written statements made by STUDIO PILATES, or the lack of any such representations or statements, with respect to the condition or safety of the Facility, or any related equipment or apparatus, other than what is set forth in the Waiver.
I CONFIRM that I am age eighteen (18), or older, and that I have carefully read, considered and understand the contents of the Waiver, and agree to be bound by its terms and I FURTHER CONFIRM that I am relying wholly upon my judgment, belief and knowledge, freely and of my own accord, as acknowledged and confirmed by my digital signature hereon.
