VOLUNTARY ASSUMPTION OF RISK, WAIVER, AND INDEMNIFICATION 

Welcome! We are thrilled that you are here to move with us. But before you begin your first class or session, we need you to clearly understand the risks of participating in Pilates and yoga movement and agree that you are voluntarily participating and cannot sue us if something goes wrong and that if you injure someone else while you are here, then you are responsible for those costs. We will refer to Ore Movement Studio, as “us” or “we” and will refer to you as “you.” PLEASE READ CAREFULLY, UNDERSTAND FULLY, AND ASK QUESTIONS IF ANYTHING IS UNCLEAR. YOU ARE ABOUT TO SIGN AWAY SOME OF YOUR LEGAL RIGHTS. MAKE SURE YOU UNDERSTAND THIS DOCUMENT. In consideration for allowing you to participate in the classes and services provided by Ore Movement Studio you agree as follows:

 1. The Risks of What We Are Doing Together. You understand that participating in the classes and services we offer are activities that have inherent risks, some of which are more obvious than others. These risks can result in serious harm and injuries that could change your quality of life and in very rare and extreme circumstances may even result in death. Risks of these activities include but are not limited to the following:

1.1. Risks of movement, yoga and mat Pilates: muscle pulls, tears and strains; sprained or broken bones; injuries from falling such as bruising or cuts; dizziness; fainting; feeling tired; erratic behaviour by other students resulting in collision with other students.

1.2. Risks of reformer Pilates: in addition to the risks outlined in Section 1.1 above, reformer Pilates can result in cuts, bruises or other injuries if the reformer machines break or are used improperly.

1.3. Risks of prenatal yoga/Pilates: This section of the document applies only to women who are pregnant, have recently become pregnant or think that they may be pregnant (together, “Pregnant”). Practicing yoga or Pilates movements while Pregnant comes with its own risks that you should be aware of before participating. It is understood that all the risks of practicing yoga/dance/Pilates outlined in section 1.1 above apply equally to practicing while Pregnant. In addition to these risks, practicing yoga/Pilates while Pregnant can result in failed pregnancy, birth defects and enhanced nausea.

You understand that Ore Movement Studio offers a wide range of movement modalities and that any time you are moving your body there are certain cardiovascular and skeletomuscular risks. You agree to progress at your own pace and inform us if at any time you feel unwell or unable to perform a movement safely.

You understand that an instructor may need to touch or otherwise make physical contact with you in order to correct technique, posture or otherwise provide instruction. You acknowledge and accept that such contact is intended to be professional and will not be construed or interpreted to be inappropriate and hereby consent to such physical contact. You also agree that, if at any time, you become uncomfortable with the tactile feedback being provided you will address the concern immediately in conversation with the instructor.

2. Medical Advice/Physical Activity Readiness. You acknowledge that you will consult with a physician prior to your participation in classes or sessions or that you are certain that your medical and fitness levels are sufficient for you to participate. You acknowledge that your mental health and physical conditions will not prevent your full participation in yoga, Pilates and other services, and that you will disclose any serious medical conditions or injuries prior to beginning a class or session in order to determine whether you can partake.

3. Voluntary Assumption of Risk. Having read this Waiver and being fully aware of the risks of participating, your signature at the bottom of this Waiver and your participation in movement illustrates your voluntary participation and assumption of the risks of doing so. You agree that if you experience pain or discomfort, you will listen to your body, adjust the posture and ask for support from the teacher. Please continue to breathe smoothly. 

4. Release, Waiver, and Indemnity. Except as provided by applicable law, I disclaim, and provide no representations, warranties, conditions or guarantees, express or implied, including any implied representations, warranties, conditions or guarantees of fitness for a particular purpose, merchantability and non-infringement. You hereby release me, any affiliate of the foregoing and each of their respective partners, officers, directors, employees, volunteers, agents, executors, administrators, successors, and assigns (collectively, the “Released Parties”) from any liability and damages arising from any loss or damage to property and personal injuries or death, however caused including out of negligence of the Released Parties, during your participation in the classes. You are releasing the Released Parties at your own risk and you agree to forfeit any and all forms of legal recourse which may be available to you, including but not limited to any form of damages, as a result of your participation in movement classes or sessions. You agree that these provisions above apply to you, your family, heirs, executors and anyone else who may be able to bring a legal action on your behalf in the future. You hereby indemnify and hold harmless the Released Parties from any and all liability for any property damage or personal injury to any third party resulting from your participation in the classes or sessions. 

5. Cancellations. If something comes up, please let us know via telephone or email within 6 hours and we can cancel or reschedule your class or session free of charge. If you have to cancel less than 6 hours before a booking, you will be charged for the session at 50% of the session rate. 

6. Media Release. You agree to grant us the irrevocable right and permission to use, throughout the world and in perpetuity, your image, likeness, photographs, video content, audio recordings or any other record of you that is submitted to us directly (via email, Instagram or other messaging service) or posted on your social media account that tags Ore Movement Studio’s social media account, whether captured by you, us or a third party, for any purpose whatsoever without asking you for permission. You also release us from all claims that you may have in relation to the use of your image and any posts made by you in the ways mentioned above. That was a bunch of legal language that gives us permission to use photos and videos of you taken during our classes and sessions or that you post on your social media account that are related to your workouts or experiences with Ore Movement Studio. For example, it gives us permission to repost photos of you that tag us.

7. Intellectual Property. You acknowledge that the trademarks and copyrighted materials are proprietary of Ore Movement Studio and may not be used by you for any reasons other than as expressly permitted by these terms. All website content and design, text, graphics and interfaces and all software are the property of Ore Movement Studio. You have the right to view, electronically copy and print in hard copy portions of the website for the sole purpose of making reservations, purchases or other personal use. Any other uses of the materials on the website without our prior written permission is strictly prohibited.

8. Privacy and Personal Information. We value your privacy and personal data. In our Privacy Policy (my “Privacy Policy”) available on our website, we describe how we collect, use, and disclose information we gather from visitors to our website and users of our other services. By visiting our website, or using any other services, you agree that we may collect, use and disclose your personal information as described in our Privacy Policy. When you visit our website, or communicate with us by email, text or using social media, you are communicating electronically. You will receive communications from us electronically in accordance with the consent that you provide to us. We will communicate with you by email, by text message for reservation confirmation or by posting notifications on our website and/or Instagram. You understand and agree that all agreements, notices, disclosures and other communications that we provide electronically, satisfy any legal requirement that such communications be in writing.

9. Dispute Resolution. If problems arise, we want to be prepared and know that you are willing to have honest and open communication. If a dispute arises out of, or in connection with this Agreement, the parties agree to meet in person with an objective third party to act as the mediator, to be selected using a roster mediator, to pursue resolution through negotiation and mediation before resorting to further legal recourse or litigation. 

10. Minors. In Ontario, if you are under the age of 18 you are considered to be a minor. We would still love for you to attend, but as a new student you must have a parent or guardian come into the studio to sign this form on your behalf.

11. Other Terms. This Agreement will be governed by the laws of Ontario. If any provisions of this Agreement are invalid or unenforceable, the other provisions in the Agreement will remain in full force and effect. The headings used in this Agreement are for stylistic purposes only and none of the content in the headings are intended to be legally binding.

I HAVE READ THIS VOLUNTARY ASSUMPTION OF RISK, RELEASE AND INDEMNITY AGREEMENT (THE “WAIVER”) AND FULLY UNDERSTAND ITS CONTENTS AND VOLUNTARILY AGREE TO ITS TERMS. I AM AWARE THAT THIS IS A BINDING LEGAL CONTRACT AND THAT BY SIGNING THIS AGREEMENT, I AM GIVING UP CERTAIN RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS AND ASSIGNS MAY HAVE.