ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT DECLARATIONS: This Agreement is entered into between Pilates Movement Missoula 101, LLC DBA Pilates Missoula hereinafter Pilates Missoula and the undersigned (“Client”). The provision of personal training services by Pilates Missoula to Client, and Client’s use of any premises, facilities or equipment are contingent upon this Agreement.
ASSUMPTION OF RISK: I agree that if I engage in any physical exercise or activity, including personal training, Pilates, Yoga, Functional Range Conditioning, stretching, meditation or enter the premises or use any facility or equipment on or off premises for any purpose, I do so at my own risk and assume the risk of any and all injury and/or damage I 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 me by the Trainer, otherwise, including injuries or damages arising out of the negligence of Trainer, whether active or passive, or any of Trainer’s affiliates, employees, agents, representatives, successors, and assigns. My assumption of risk includes, but is not limited to, my use of any exercise equipment including reformer, chair, tower, spine corrector, ladder barrel, props, mats, props, yoga blocks, balls, bands, springs (mechanical or otherwise), weights, poles, dowels, magic circle, or other areas (including Trainer’s home), rooms, sidewalks, parking lots, stairs, restrooms, or other general areas of any facilities, or any equipment. I assume the risk of my participation in any activity, class, program, instruction, or event, including but not limited to Pilates, Yoga, Functional Range conditioning, stretching, weight resistance, walking, jogging, running, aerobic activities, moving my body, or any other sporting or recreational endeavor or relaxation or meditation. I agree that I am voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to me or my property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of Trainer or otherwise.
I understand this exercise program utilizes the Pilates, Yoga & Functional Range Conditioning techniques of muscle conditioning, strengthening, and stretching. The possible benefits of this program include: improving cardiovascular fitness, muscle strength, flexibility, posture, and body alignment. I hereby acknowledge on behalf of myself, my heirs, personal representatives and or assign, that there are certain inherent risks and dangers associated with the class, health program or workshop. I acknowledge that some of these risks can occur suddenly and cannot be eliminated regardless of the care taken to avoid injuries. I acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint, neck or back injuries, heart attacks, stroke, and concussions; and (3) catastrophic injuries including paralysis and death. At all times, I shall comply with all stated and customary terms, posted safety signs, rules and verbal instructions given to me. I am fully aware of the risks and hazards involved and I assume all of the foregoing risks and accept personal responsibility for any other damages or other injuries I might suffer.
I will faithfully follow all instructions given to me by Pilates Missoula, their employees, trainers or representatives, where, and how to perform and not perform Pilates and/or fitness exercises, it being understood that any deviation by me from such instruction shall be at my own risk. I understand I have the right to choose what exercises I do or do not perform and may withdraw from any exercise at any time. If I experience any symptoms such as shortness of breath, chest pain, unusual fatigue, dizziness or fainting, or extreme pain, whether or not I am under direct supervision of the instructor, I will immediately stop exercising and inform the Trainer of my symptoms. I authorize any representative of Pilates Missoula, to obtain emergency medical treatment for me, including transporting to a hospital, urgent care, or other medical facility.
I understand that a physical examination and medical approval should be obtained prior to participating in an exercise program. I have been examined by a licensed physician within the last 6 months and have been found by such physician to be in good physical health and fully able to perform all Pilates and/or fitness exercises which I am to learn and perform during my enrollment. I represent and warrant that I am physically fit and have no medical conditions that would prevent my full participation in the class, health program or workshop. If in the subjective opinion of Trainer, I would be at physical risk participating in the class, health program or workshop, I understand and agree that I may be denied access to the class, health program until I have furnished an opinion letter from my medical doctor stating that Trainer concerns are unfounded.
I will notify the Trainer or Pilates Missoula, in the event there is a change in medical condition, including pregnancy. I acknowledge and understand that if I am pre/post natal, I have an increased risk to myself and, if applicable, my unborn child. In participating in a class, health program or workshop, I represent that my doctor has given me permission to participate in a pre/post natal exercise program. I will follow my doctor’s recommendation and will not hold the company responsible for any injuries to myself or my fetus caused in part or whole by my failure to follow my doctor’s recommendation.
I understand and acknowledge that I am to receive instruction in Pilates/fitness exercise and I will not hold Pilates Missoula, Trainer or any employees or representative to any higher standard of care not applicable to Pilates or fitness exercise. I knowingly, voluntarily and expressly waive any claim that I have against Pilates Missoula, taught by Trainer for injuries or damages that I may sustain as a result of my participation. I agree to assume full responsibility for any risks, injuries or damages, known or unknown, which may incur as a result of participating in the class, health program or workshop. I hereby and forever release, discharge, and hold harmless Pilates Missoula, their employees or representatives, from and against any and all liability to me, my heirs, and next of kin, for any and all claims, demands, rights of action, causes of action, losses or damages on account of injury including death, caused or alleged to be caused in whole or in part by the negligence of Pilates Missoula, their employees, representatives, or trainers as a result of my voluntary participation in this class, health program or workshop.
If I am under 18 years of age, I have disclosed that information to Pilates Missoula.
I understand that Pilates Missoula, and their employees and representatives are not responsible for any of my items that are lost or stolen while at the premises.
I understand that Pilates Missoula may use touch cues to teach and make corrections to exercises. I consent to the use of touch cues. If I do not consent to touch cues, I will make it known before the start of the session to the instructor.
RELEASE OF IMAGE: I grant permission to the company to use my likeness in a photograph or video in all publications, including website entries and social media, without payment or any other consideration. I understand and agree that these materials will become the property of the company and will not be returned. I hereby irrevocably authorize the company to edit, alter, copy, exhibit, publish, or distribute this photo for purposes of publicizing programs or for any other lawful purpose. In addition, I waive the right to inspect or approve the finished product, including a written or electronic copy, wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photograph.
In consideration of being allowed to participate in and access the class, health program or workshop, I hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by me in relation to the class, health program or workshop, (2) release, indemnify, and hold harmless Pilates Missoula, and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to the participation in the class, health program or workshop, (3) represent that I (a) have no medical or physical condition that would prevent me from properly using any of Movement Missoula 101, LLC doing business as (DBA) Pilates Missoula, health program or workshop, (b) do not have a physical or mental condition that would put me in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. I acknowledge that if I do have any chronic disabilities or conditions, I am at risk in doing any class,, health program or workshop and should not be participating, and (4) I understand that Movement Missoula 101, LLC doing business as (DBA) Pilates Missoula, taught by Trainer does not manufacture any equipment on the premises and is not responsible or liable for any defective products.
I HAVE READ THE ABOVE RELEASE AND WAIVER OF LIABILITY AND FULLY UNDERSTAND THEIR CONTENTS. I VOLUNTARILY AGREE TO THE TERMS AND CONDITIONS STATED ABOVE
RELEASE: I agree on behalf of myself (and all my personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Trainer (and Trainer’s affiliates, related entities, employees, agents, representatives, successors, heirs, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Trainer, whether active or passive, or any of Trainer’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) my 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) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of a premises or while traveling to or from personal training, including injuries resulting from Trainer’s or anyone else’s negligent inspection or maintenance of the facility or premises.
INDEMNIFICATION: By execution of this agreement, I hereby agree to indemnify and hold harmless Trainer from any loss, liability, damage, or cost Trainer may incur due to the provision of personal training by Trainer to me.
ACKNOWLEDGMENTS: I expressly agree that the foregoing release, waiver, assumption of risk and indemnity agreement is intended to be as broad and inclusive as permitted by the law in the State of Montana and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. I acknowledge that Trainer offers a service to his/her clients encompassing the entire recreational and/or fitness spectrum. Trainer is not in the business of selling weightlifting equipment, exercise equipment, or other such products to the public, and the use of such items is incidental to the service provided by Trainer. I acknowledge and agree that Trainer 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. I acknowledge that I have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk and indemnity agreement. I am aware and agree that by executing this waiver and release, I am giving up my right to bring a legal action or assert a claim against trainer for trainer’s negligence, or for any defective product used while receiving personal training from trainer. I 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.