LIABILITY WAIVER AND RELEASE
PLEASE READ CAREFULLY – THIS DOCUMENT LIMITS YOUR LEGAL RIGHTS
This document is a legally binding agreement between you and Hot & Toned Pilates Studio LLC, its owner Leonor Perez, instructors, employees, independent contractors, agents, representatives, successors, and assigns (collectively referred to as “Hot & Toned Pilates”). The undersigned individual, and the minor participant if applicable, will be referred to as “you” or “your” in this Agreement. This Agreement covers all services provided to you by Hot & Toned Pilates Studio LLC, including but not limited to your use of any premises, facilities, classes (in-person or virtual), events, and/or equipment.
ASSUMPTION OF RISK
You agree that if you engage in any training, physical exercise, class, instruction, or activity, or you enter the premises or use any facility or equipment for any purpose (the “Training”), you do so at your own risk and assume the risk of any and all injury or damage you may suffer. This includes risks associated with use of equipment at the premises or provided by Hot & Toned Pilates LLC. Your assumption of risk includes, without limitation, injuries or damages arising out of the active or passive negligence of Hot & Toned Pilates LLC. You further acknowledge risks may include, but are not limited to: use of any equipment, participation in instruction, accidents on sidewalks, stairs, parking areas, locker rooms, or other common spaces, participation in off-site or virtual events, and loss, theft, or damage to personal property. You agree you are voluntarily participating and accept all risks of injury, illness, death, damage, or loss that might result.
MEDICAL DISCLOSURE
You warrant and represent that you are in good physical health and have consulted a physician regarding your ability to safely participate in Training. If you choose not to consult a physician, you acknowledge that you assume all responsibility for any resulting injury or illness. You are solely responsible for any medical expenses incurred in connection with Training.
RELEASE OF LIABILITY
On behalf of yourself, your personal representatives, heirs, executors, administrators, agents, and assigns, you hereby release and discharge Hot & Toned Pilates LLC, its owner Leonor Perez, instructors, employees, contractors, representatives, successors, and assigns from any and all claims, demands, or causes of action (known or unknown) arising out of your participation in Training, your use of the premises, or your use of equipment, whether or not arising from negligence. This Release does not include gross negligence or intentional acts but does include, without limitation, equipment malfunction, improper maintenance, negligent training, and injuries sustained on the premises or during virtual sessions.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Hot & Toned Pilates Studio LLC, its owner Leonor Perez, and its trainers, employees, and affiliates against any and all losses, costs, damages, liabilities, and expenses (including attorneys’ fees) arising out of your participation in Training or use of the premises and services.
ACKNOWLEDGMENTS
This Agreement is intended to be as broad and inclusive as permitted by law. If any portion is found invalid, the remaining provisions remain in full force. Hot & Toned Pilates Studio LLC is not in the business of selling exercise equipment or products; any use of such items is incidental to the services provided. You understand and agree that no oral or written representations other than this Agreement have been made. By signing below, you acknowledge that you have carefully read and fully understand this Agreement, and that you voluntarily give up your right to bring a legal action against Hot & Toned Pilates Studio LLC, its owner Leonor Perez, instructors, employees, independent contractors, and affiliates for negligence.
MEDIA RELEASE
By signing this Agreement, you grant Hot & Toned Pilates Studio LLC, its owner Leonor Perez, instructors, employees, contractors, and affiliates the unrestricted right and permission to photograph, film, or otherwise record you while participating in classes, events, or activities at or related to the studio. You agree that these images, videos, or recordings may be used for promotional, educational, or commercial purposes in any media, without compensation to you. You understand that you will not have rights of ownership or approval over the final use of these materials. If you wish not to appear in photos or videos, you must notify Hot & Toned Pilates Studio LLC in writing prior to participation.
PARTICIPANT INFORMATION & CONSENT
Participant Name (Print): ______________________________
Signature: ______________________________
Date: ______________________________
Emergency Contact Name & Phone: _________________________
If Participant is under 18: Parent/Guardian Name (Print): ______________________________
Parent/Guardian Signature: ______________________________
Date: ______________________________