In consideration of being allowed to participate in the Pilates, Yoga, Barre or movement classes, and other elements of the Services (collectively, the (“Classes”) operated by Pilates Lane Pty Ltd (ABN 14 654 971 105) (“Pilates Lane”)(to be in the studio face to face or live streamed or pre-recorded or online) undertaken while under the instruction of one or more instructors designated by Pilates Lane (“Instructor”) , the undersigned (“I” or “Student”) acknowledges, and agrees to the following terms:
1 Acknowledgment of Risks: I acknowledge and agree that the Classes are a recreational sport activity and may involve strenuous physical activity including, but not limited to, muscle strength and endurance training, cardiovascular conditioning and training and other various fitness activities. There are significant elements of risk in Classes, as well as in any sports or exercise associated with the indoor or outdoor use of equipment incidental thereto. I acknowledge that the following describes some, BUT NOT ALL, of those risks: risks of personal injury, accidents and/or illness, including but not limited to sprains, torn muscles and/or ligaments, fractured or broken bones, eye damage, cuts, wounds, scrapes, abrasions and/or contusions, dehydration, oxygen shortage (anoxia), and/or exposure, head, neck, and/or spine injuries, allergic reaction, shock, paralysis or death. I understand the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death.
2 Express Assumption of Risk and Responsibility: I agree to assume responsibility for the risks identified herein and those risks not specifically identified. My participation in these Pilates is purely voluntary. No one is forcing me to participate. I elect to participate in spite of the risks.
3 Representations
3.1. Prior to undertaking the Classes, including engaging in any of
the practical exercise components conducted by the Instructor, and each time that I undertake any Classes, I affirm that I am in good physical condition and able to participate in exercise activities safely
3.2. I have disclosed or will disclose to Pilates Lane prior to the class commencing, any pre-existing conditions that may place me at a higher risk of injury or inhibit my ability to participate in Classes, including but not limited to injuries, pain or recent surgery, respiratory or heart conditions, or high blood pressure.
3.3. I verify that I am not pregnant, and I have not recently given birth; or, in the event that I am pregnant or have recently given birth, I have obtained and provided Pilates Lane with written permission by a Medical Practitioner to undertake exercise and disclosed this permission to the Instructor. A “Medical Practitioner” means a person legally qualified in medicine who is currently registered or licensed with the medical board of the country in which they practice medicine as a general practitioner (doctor), physician, surgeon or specialist.
3.4. I am not, and while participating in the Pilates will not be, under the influence of alcohol or drugs unless any such drugs are prescribed by a Medical Practitioner and taken in accordance with that practitioner’s advice.
3.5. I will notify Pilates Lane if I experience any pain throughout any part of the Classes and will immediately stop participating in the Classes if requested by the Instructor to do so.
3.6. I will immediately notify the Instructor if I experience any pain throughout the Classes and will immediately stop participating in the Classes if requested by the Instructor to do so.
3.7. I acknowledge that recommendations or instruction provided by Pilates Lane may not be tailored for my particular skill or ability level and it is my responsibility to assess whether I am able or want to participate in all or part of a movement exercise or class.
3.8. I am solely responsible for ensuring that my physical environment is suitable for engaging in the Classes.
3.9. has made no representations or warranties to me with respect to the Classes or any other matter.
4 Release: In consideration of services or property provided, I, on behalf of myself, heirs, assigns, personal representatives and next of kin, HEREBY VOLUNTARILY RELEASE, DISCHARGE, WAIVE AND HOLD HARMLESS Pilates Lane, including their officers, officials, agents, Instructor, employees, volunteers, and insurers (collectively “RELEASEES”), WITH RESPECT TO ANY AND ALL INJURY, ILLNESS, DISABILITY, DEATH, or loss or damage to person or property in connection with the Pilates, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
5 Indemnification: Except for the warranties contained under Pilates Lane’s Terms of Service, Pilates Lane has not given any warranties or indemnities relating to the Classes provided by Pilates Lane, other than standard warranties and indemnities imposed by law. By signing below, I agree to defend, indemnify and hold RELEASEES harmless from and against all claims, damages, liabilities, losses, expenses and costs (including reasonable fees and expenses of attorneys and other professionals) arising out of or resulting from any action by a third party against Pilates Lane that is based on any act or omission by me and that results in: (i) personal injury (or death) or tangible or intangible property damage (including loss of use); or (ii) the violation of any statute, ordinance, or regulation.
6 Authorisation: Unless I notify Pilates Lane in writing otherwise, I hereby grant Pilates Lane the irrevocable right and permission to use photographs and/or video recordings of me for quality assurance on websites, publications, promotional flyers, educational materials, derivative works, or for any other similar purpose without compensation to me. I understand and agree that such photographs and/or video recordings of me may be placed on the Internet. I waive the right to approve the final product. I agree that all such portraits, pictures, photographs, video and audio recordings, and any reproductions thereof, and all plates, negatives, recording tape and digital files are and shall remain the property of Pilates Lane.
I hereby warrant that I am eighteen (18) years old or more and competent to contract in my own name and acknowledge that I have read this Assumption of Risk/Waiver of Liability/Indemnification Agreement and fully understand its terms.