Waiver of Liability, Indemnity Agreement, and Assumption of Risk Waiver
In consideration of permission to use, today and on all future dates the property, facility, and services of Forma Pilates LA, I, on behalf of myself, my heirs, personal representatives, or assigns, do hereby release, waive, discharge, and covenant not to sue, Forma Pilates LA, its directors, officers, employees, volunteers, independent contractors, and agents from liability from any and all claims arising from the ordinary negligence of Forma Pilates LA or any of the aforementioned parties.
This agreement applies to: Personal injury (including death) from accidents or illnesses arising from the participation in Pilates activities including, but not limited to, organized activities, classes, observation, and individual use of facility, premises, or equipment. 2) Any and all claims resulting from the damage to, loss of or theft of property.
Indemnification and Hold Harmless: I agree to HOLD HARMLESS AND INDEMNIFY all Forma Pilates LA instructors from all claims resulting from negligence and to reimburse them for any expenses incurred by Forma Pilates LA in investigating and defending claim or suit if my claim is withdrawn, or to the extent a court or arbitration determines that Forma Pilates LA is not responsible for the injury or loss.
Acknowledgement of Understanding: I have read this waiver of liability and indemnification agreement and fully understand its terms. I understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the agreement freely and voluntarily, and intend my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law in the State of California.
Assumption of Risks: Physical activity, by its very nature, carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. Forma Pilates LA has a facility for and provides for activities such as Pilates training, weight lifting, walking, and running, and aerobic activities. Some of these involve strenuous exertions of strength using various muscle groups, some involve quick movements involving speed and change of direction, and others involve sustained physical activity, witch places stress on the cardiovascular system. The specific risks vary from one activity to another, but in each activity the risks range from 1) minor injuries such as scratches, bruises, and sprains or 2) major injuries such as loss of sight, joint or back injuries, concussions, and heart attacks. 3) Catastrophic injuries including paralysis and death.
No warranties or representations have been made to me about Forma Pilates LA which are not stated on this form. I understand and intend that this document act as the broadest and most inclusive assumption of risk, waiver, release of liability, agreement not to sue and indemnity.
If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Cancellation Policy: Any cancellation of a scheduled private or semi-private session made without 24-hour prior notice will result in a cancellation fee equal to the cost of the session.
Forma Pilates LA has the right to amend or alter these terms at its sole discretion with, or without any notice and reserves the right to refuse service to anyone at any time.
I have fully read and understand this agreement. I know the nature of the activities at Forma Pilates LA, I am aware that by signing this agreement, I am waiving certain legal rights I or my heirs, next of kin, executors, administrators and assigns may have against Forma Pilates LA. I hereby assert that my participation is voluntary and that I knowingly assume all such risks.
By signing below, I hereby accept and agree to the terms and provisions contained in this agreement.