Waiver Of Liability printable pdf download

Waiver of Liability, Indemnity Agreement, and Assumption of Risk

Waiver: In consideration of permission to use (today and on all future dates) the property, facilities,

equipment and services (collectively, the “Facilities and Services”) of Studio Pilates, Xtend Barre, Jana

Credor and Studio Pilates, Ltd., the Undersigned, individually, as well as his/her heirs, personal

representatives and assigns, does hereby release, waive, discharge, hold harmless and covenant not to

sue, Studio Pilates, Xtend Barre, Jana Credor and Studio Pilates, Ltd., and each of their heirs, members,

partners, principles, directors, shareholders, officers, representatives, family members, guests, contractors,

affiliated companies and entities, volunteers, independent contractors, agents and employees (collectively,

“Studio Pilates”) from any and all liabilities, claims, demands or causes of action (past, present or future)

that I have or may hereafter have for any injuries, damages or death incurred as a result of my participation

in Yoga/Pilates/Fitness or other Studio Pilates activities including, but not limited to, organized activities,

classes, observation, or use of the Facilities and Services, even if any such loss or damage is caused by

the sole, concurrent or contributory negligence or fault of Studio Pilates. I further release, waive,

discharge, hold harmless and covenant not to sue Studio Pilates with respect to any and all claims (past,

present and future) resulting from damage to, loss of, or theft of property, even if any such loss or damage

is caused, in whole or in part, by the negligence or fault of Studio Pilates.

Indemnification and Hold Harmless: The Undersigned further agrees to protect, defend, indemnify

and hold harmless Studio Pilates from and against any and all liabilities, claims, demands, causes of

action and damages, including attorneys fees, resulting from any accident, incident, occurrence, damages

or death, and arising out of, incidental to or in any way resulting from my participation in

Yoga/Pilates/Fitness or other Studio Pilates activities or use of the Facilities and Services, whether or not

such injury, damages or death is caused, in whole or in part, by Studio Pilates’ own negligence, negligence

per se, gross negligence or strict liability. It is understood that this indemnity shall include, without

limitation, any claims, losses, damages, causes of action, suits, and liabilities arising in favor of any

invitee, family member, or any other person who comes to or uses the Facilities and Services with my

express or implied permission and any persons asserting derivative claims by, through or under any of the

foregoing persons.

Severability and Venue: The Undersigned further expressly agrees that the foregoing waiver and

assumption of risks agreement is intended to be a “general” release and waiver, and is to be interpreted as

broadly and inclusively as is permitted by the law of Texas, and that if any portion thereof is held invalid,

it is agreed that the remaining portions shall, notwithstanding, continue in full legal force and effect.

Likewise, the Undersigned agrees that any legal action must be brought solely in Brazos County, Texas.

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. Studio Pilates has facilities for, and provides

for, activities such as weight lifting, walking, jogging and running, aerobic activities, yoga and Pilates.

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, which

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 to 2) major injuries

such as loss of sight, joint or back injuries, concussions, and heart attacks to 3) catastrophic injuries

including paralysis and death.

The Undersigned hereby acknowledges that s/he has read the previous paragraphs and knows the nature

of the activities at Studio Pilates, understands the demands of those activities relative to his/her physical

condition and skill level, and appreciates the types of injuries, which may occur as a result of activities

Waiver Of Liability