RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT
In consideration of being permitted to enter the ProFormance Pilates Studio for any purpose, including, but not limited to observation, use of facilities or equipment, or participation in any way, the undersigned, for himself or herself and any personal representatives, heirs, and next of kin, hereby acknowledges, agrees and represents that he or she has, or immediately upon entering will, inspect such premises and facilities. The undersigned further warrants that such entry into the Studio for ProFormance Pilates observation, participation or use of any facilities or equipment constitute an acknowledgement that such premises and all facilities and equipment thereon have been inspected and that the undersigned finds and accepts same as being safe and reasonably suited for the purposes of such observation or use.
In further consideration of being permitted to enter the Studio for ProFormance Pilates any purpose including, but not limited to observation, use of facilities or equipment, participation in any exercise class or participation in any way, the undersigned hereby agrees to the following:
1. The undersigned hereby releases, waives, discharges and covenants not to sue the ProFormance Pilates Studio, its directors, officers, employees, and agents (hereinafter referred to as "releasees") from all liability to the undersigned, his personal representatives, assigns, heirs, and next of kin for any loss or damage, and any claim or demands therefore on account of injury to the person or property or resulting in death of the undersigned, whether caused by the negligence of the releasees or otherwise while the undersigned is in, upon, or about the premises or any facilities or machinery, equipment, or appa¬ratus therein.
2. The undersigned hereby agrees to indemnify and save and hold harmless the releasees and each of them from any loss, liability, damage or cost they may incur due to the presence of the undersigned in, upon or about the Proformance Pilates Studio premises or in any way observing or using any facilities or equipment of the ProFormance Pilates Studio whether caused by the negligence of the releases or otherwise.
3. The undersigned hereby assumes full responsibility for and risk of bodily injury, security, physical safety, death or property damage due to the negligence of releasee or otherwise: (i) while in, about or upon the premises of the Studio and ProFormance Pilates or while using the premises or any facilities or machinery, equipment, and apparatus (whether designed for exercise or otherwise) upon the premises of ProFormance Pilates Studio; (ii) arising as a result of the undersigned’s participation in, or selection of exercise programs, exercise methods and type of equipment at the ProFormance Pilates Studio; or (iii) arising as a result of any advice given to the undersigned by a releasee regarding the undersigned’s participation in, or selection of exercise programs, exercise methods and type of equipment.
4. The undersigned acknowledges that he or she has been advised to obtain a physical examination from a doctor before using any exercise equipment, or participating in any exercise class, at the ProFormance Pilates .
5. The terms of this release and waiver of liability extend to the undersigned’s family, friends and guests who shall use the ProFormance Pilates Studio in the undersigned’s company.
The undersigned further expressly agrees that the foregoing RELEASE, WAIVER AND INDEMNITY AGREEMENT is intend¬ed to be as broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
The undersigned has read and voluntarily signs the release and waiver of liability and indemnity agreement, and further agrees that no oral representations, statements or inducement apart from the foregoing written agreement have been made.