STUDIO WAIVER

WAIVER OF LIABILITY AND PROSPECTIVE RELEASE FORM FOR SCULPT REFORMER PILATES

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I declare that I am over 18 years of age (or have otherwise provided parental consent) and acknowledge and understand that I have voluntarily chosen to participate in the classes and activities offered by Sculpt Reformer Pilates.

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I acknowledge and agree that the workouts are a recreational sports activity and may involve strenuous physical activity including, but not limited to stretches, lifts, use of props, use of reformer machines, gymnastic movements, strenuous bodyweight exercises and other strenuous activities that I am not obliged to perform, nor am I obliged to participate in any activity that I do not wish to do, and that it is my right to refuse such participation at any time during classes.

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I understand that there are inherent risks in all aspects of physical exercise and I acknowledge that I have been informed of the possible strenuous nature of training. I agree that prior to my participation I will inform Sculpt Reformer Pilates of any known medical conditions or factors that may place me at risk. Sculpt Reformer Pilates may request a medical release from my medical practitioner prior to participation. I will inform Sculpt Reformer Pilates of any symptoms before, during and after participation in a Sculpt Reformer Pilates class.

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I also understand that if I am a prenatal or postnatal client, I must consult with my physician or lead maternity carer and receive clearance to perform physical exercise.

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I release Sculpt Reformer Pilates and its respective owners, officers, directors, agents, employees and assigns (the “releasees”)  from any and all liability for any loss, damage, injury or expense that I may suffer, or that my next of kin may suffer as a result of my participation in the classes, activities and services provided by Sculpt Reformer Pilates. I knowingly waive the right to a jury trial and the right to punitive damages in connection with any claim arising out of or relating to my participation in such classes, activities, and services, or this waiver and prospective release.

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I agree to hold harmless and indemnify Sculpt Reformer Pilates and its releasees from any and all liability for any damage to the property of, or personal injury to, any third party, resulting from my participation in any classes, activities or services provided by Sculpt Reformer Pilates. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full force and effect.

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In checking the box below I agree that I have not experienced any injury, back, neck or joint pain, restricted movement, heart issues, asthma, or high or low blood pressure, arthritis, slipped or bulging vertebral disk, pelvic floor conditions, dizziness, diabetes, epilepsy, hernia, bone degeneration, high cholesterol, allergies or chronic illness. I also declare that I have notified Sculpt Reformer Pilates if I am pregnant and/or have given birth in the last 12 months, or if I have undergone surgery in the past 12 months.

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Sculpt Reformer Pilates shall not undertake any obligation (whether contractually, at common law or otherwise) to advise or treat me in relation to any of the matters referred to in the preceding paragraph. I acknowledge that it is my obligation and mine alone to take responsibility for my health and wellbeing during any type of exercise I undertake with Sculpt Reformer Pilates. 

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By checking this box below, I acknowledge that Sculpt Reformer Pilates shall not be liable or responsible to me for articles lost, damaged or stolen from its Studio.

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By checking the box below I also acknowledge that I am aware that to ensure that Sculpt Reformer Pilates is able to provide me with the best possible service, the Studio has been fitted with CCTV cameras and audio that are operated on an ongoing basis. These cameras and audio are used strictly for security, protection and training purposes only. Access to this footage is restricted and can only be viewed by authorised personnel.  

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I understand that from time to time, Sculpt Reformer Pilates and/or its employees or contractors may film or photograph the classes, activities or services provided by Sculpt Reformer Pilates. By checking the box below, I permit Sculpt Reformer Pilates to use, publish, reproduce, distribute, create derivative works of, perform, display and/or otherwise exploit my name, image, voice and likeness, either complete or in part, alone or in conjunction with any wording, for uses including publicity and/or merchandising and/or editorial purposes in any country in connection with any part of the business of Sculpt Reformer Pilates in any manner and in all forms of media whether now existing or developed in the future. I hereby waive any right to inspect and approve the photographs or videos or the printed/digital/electronic matter that may be used in conjunction with them now or in the future, regardless of whether that use is known or unknown. I waive any right to copyright or royalties or other compensation from or related to use of the photography or videos or adaptations thereof.

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I have read the above release form and waiver of liability and fully understand its contents. I voluntarily agree to the terms and conditions stated above.

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I acknowledge that this waiver may be pleaded in response as a bar to any legal proceeding taken by me or on my behalf.

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All persons under 18 years of age must have a Waiver of Liability signed on their behalf by a parent or guardian before attending a Sculpt Reformer Pilates class. Once the parent or guardian has signed the waiver, persons under 18 years of age may attend Sculpt Reformer Pilates classes.

Please note: terms and conditions of this release form and waiver of liability are subject to change without notice.

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COVID-19 WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT 

In consideration for receiving permission to be on premises at Sculpt Reformer Pilates (hereinafter the “Activity or Activities”), I, on behalf of myself and any minor child/children for whom I have the capacity to contract, hereby acknowledge and agree to the following:

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1. I understand the hazards of the novel coronavirus (“COVID-19”) and am familiar with the Ministry of Health (“MOH”) guidelines regarding COVID-19. I acknowledge and understand that the circumstances regarding COVID-19 are changing from day to day and that, accordingly, the MOH guidelines are regularly modified and updated and I accept full responsibility for familiarising myself with the most recent updates.

2. I understand that Sculpt Reformer Pilates cannot prevent me or other guests from becoming exposed to, contracting, or spreading COVID-19 while participating in the classes, activities or services. It is not possible to prevent against the presence of the disease or the spread of the disease. Therefore, if you choose to participate in the classes, activities or services, you may be exposing yourself to and/or increasing your risk of contracting or spreading COVID-19, and the consequences that may result from such exposure, including but not limited to, physical injury, psychological injury, pain, suffering, illness, temporary or permanent disability, death or economic loss.

3. Notwithstanding the risks associated with COVID-19, which I readily acknowledge, I hereby willingly choose to participate in the classes, activities and services provided by Sculpt Reformer Pilates. 

4. I acknowledge and fully assume the risk of illness or death related to COVID-19 arising from my being on the premises and participating in the classes, activities and services and hereby release, waive, and discharge (on behalf of myself and any minor children from whom I have the capacity to contract) Sculpt Reformer Pilates and its releasees from any liability related to COVID-19 which might occur as a result my being on the premises and participating in the classes, activities and services. 

5. I shall indemnify, defend and hold harmless the releasees from and against any and all claims, demands, suits, judgments, losses or expenses of any nature whatsoever (including, without limitation, attorneys’ fees, costs and disbursements, whether of in-house or outside counsel and whether or not an action is brought, on appeal or otherwise), arising from or out of, or relating to, directly or indirectly, the infection of COVID-19 or any other illness or injury.

6. It is my express intent that this Waiver and Hold Harmless Agreement shall bind any assigns and representatives, and shall be deemed as a release, waiver and discharge of the above-named releasees.

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In signing this agreement, I acknowledge and represent that I have read the foregoing Waiver of Liability and Hold Harmless Agreement, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this Agreement for full, adequate and complete consideration fully intending to be bound by same.