LIABILITY waiver
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Studio Evolve Client liability waiver
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1. Agreement and Acceptance: By signing below, you acknowledge that you have read, understand, and agree to be legally bound by this Fitness Liability Waiver and relevant policies (the “Agreement”) with Studio Evolve LLC, a company organized under the laws of Washington State. You understand that this Agreement is enforceable like a signed contract and that you are voluntarily giving up certain legal rights, including the right to sue.
Furthermore, you understand and acknowledge that Studio Evolve will be unable to provide use of its equipment and/or participation in its programs without the execution of this Agreement.
2. Participation in Activities: You understand and agree that you are voluntarily participating in fitness and wellness related activities offered by Studio Evolve, which may include, without limitation, personal Pilates and/or Gyrotonic Expansion System® training, small-group Pilates reformer classes, strength and conditioning exercises, cardiovascular workouts, SPRE® bodywork, virtual coaching, events, and other physical activities (collectively, the “Activities”). You understand that these services may include physical touch.
You represent that you are physically and mentally capable of participating in the Activities and have not been advised otherwise by a qualified medical professional.
You understand that Studio Evolve provides storage space for your personal belongings and you agree that Studio Evolve is in no way responsible for the safekeeping of said belongings while you attend class and sessions.
3. Assumption of Risk: You acknowledge that participation in the Activities at Studio Evolve involves inherent risks, those foreseen and unforeseen, including but not limited to muscle strains, sprains, falls, equipment malfunction, physical injury, illness, permanent disability and death.
You understand that risks of loss, damage, or injury may arise from your own actions or inactions, the actions of others, or the ordinary negligence of the Company. With full knowledge and understanding of these risks, you voluntarily assume all risks associated with your participation in the Activities.
4. Waiver and Release of Liability: To the fullest extent permitted by applicable law, you agree to release, waive, and discharge Studio Evolve and its owners, officers, employees, contractors, agents, and affiliates from any and all claims, liabilities, demands, damages, or causes of action arising out of or related to your participation in the Activities, including those caused by ordinary negligence. You agree that you will not bring any claim or lawsuit against Studio Evolve for injuries or damages arising from your participation, except where such waiver is prohibited by law, including claims resulting from gross negligence or willful misconduct.
5. Indemnification: You agree to indemnify, defend, and hold harmless Studio Evolve from and against any and all third-party claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees, arising out of or related to your participation in the Activities or your breach of this Agreement.
6. Health and Medical Disclaimer: You acknowledge that Studio Evolve is not providing medical advice and that it is your responsibility to consult with a physician before participating in any fitness program. You agree to monitor your own physical condition and to stop exercising immediately if you experience pain, dizziness, or discomfort, and to seek medical attention if necessary.
You further acknowledge that the Activities and service provided by Studio Evolve are not meant to be construed by me as the diagnosis or treatment of disease, but rather as an aid to help balance your general wellness.
By signing this Agreement, you confirm that your physical condition allows you to use the equipment and participate in the Activities and that you will seek a physician’s advice if you have any question about your physical condition.
7. Entire Agreement: This Agreement constitutes the entire understanding between you and Studio Evolve regarding its subject matter and supersedes all prior or contemporaneous agreements, whether written or oral.
8. Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
9. Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of laws principles. Any disputes arising under this Agreement shall be resolved exclusively in the state or federal courts located within that State, and you consent to the personal jurisdiction of such courts.
Studio Evolve Client Care Policies
10. Payment Policy: Payment by cash, check, or credit card is due at the time of service. Monthly memberships automatically renew and will be charged to the credit card saved on file. Monthly memberships can be canceled at any time with a minimum of 14 days notice before the next scheduled renewal date. It is your responsibility to monitor the expiration and renewal dates of your memberships and packages.
11. Cancellation Agreement: A minimum of 24 hours notice of cancellation is required. There is no charge for cancellations received within 24 or more hours. A full session fee will be charged for cancellations with less than 24 hours notice and for cancellations with no notice.
12. Expiration Dates: All memberships and packages have varying expiration dates. It is your responsibility to monitor your own usage and expirations. Unused sessions and classes will expire when the membership or package expires.
Acknowledgement and Signature: By checking the box and electronically signing below, you acknowledge that you have read this Agreement in full, understand its terms, and voluntarily agree to be bound by it. You understand that you are giving up substantial legal rights, including the right to sue.