February 5, 2023
In consideration of my use of the equipment and facilities provided by provided by Pure Pilates Austin (the "company") and my participation in company developed exercise instruction ("exercise classes"), I expressly agree and contract, on behalf of myself, my heirs, executors, administrators, successors and assigns, that the company and its insurers, employees, officers, directors, and associates, shall not be liable for any damages arising from personal injuries (including death, COVID-19 infection, or other infections) sustained by me during all classes (whether digital/virtual at a premise of my choosing or on/about a company location), or as a result of the use of any equipment whatsoever, whether licensed or not licensed by the company, and/or any company facilities, regardless of whether such injuries result, in whole or in part, from the negligence of the company.
By the execution of this agreement, I accept and assume full responsibility for any and all injuries, including COVID-19 infection, damages (both economic and non-economic), and losses of any type, which may occur to me and I hereby fully and forever release and discharge the company, its insurers, employees, officers, directors, and associates, from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from or arising out the use of said equipment and facilities and/or my participation in the said exercise classes. I agree to give up any rights that I may have against Pure Pilates Austin, its partners and/or instructors with regard to any injuries or damages that I might receive as a result of my participation in these exercise classes whether or not such participation occurs simulaneously to the initial creation of such exercise class or subsequent to such exercise class. I have carefully read this agreement and I am aware this is a release of liability. I expressly agree to indemnify and hold the company harmless against any and all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from injuries or damages sustained by me.
Furthermore, although measures are being taken by the company to prevent the spread of COVID-19 (such as social distancing, staggered classes and extra sanitization, etc.) the undersigned acknowledges that attending classes at a company location could result in COVID-19 infection and other infections. Accordingly, in addition to all waivers and limits on liability, the undersigned HEREBY WAIVES AND RELEASES, indemnifies, holds harmless and forever discharges the company and its members, agents, employees, officers, directors, contractors, affiliates, successors and assigns, of and from any and all claims, demands, debts, prosecutions, expenses, causes of action, lawsuits, damages and liabilities, of every kind and nature, whether known or unknown, in law or equity, that the undersigned ever had or may have, arising from or in any way related to participation in any of the events, activities or classes conducted by, on the premesis of, or for the benefit of the company.
I hereby confirm that I am able to participate in a physical exercise program and acknowledge the various hazards and risks associated with it. I understand that I should inform my instructor and/or stop exercising immediately if I detect any discomfort of any sort during the course of the class. The response of the circulatory system (e.g. heart and lungs) to exercise cannot always be predicted accurately; therefore I understand that there is a risk of certain changes occurring during exercise or following exercise.
I understand and agree that the company is not responsible for property that is lost, stolen, or damaged while in, on, or about the premises.
By signing this waiver of liability I proclaim that I fully understand its contents and accept that if any provision of this waiver, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect.
February 5, 2023