Release of Liability
Foundation Pilates: Release of Liability, Assumption of Risk, and Indemnity Agreement
Every participant signs this Release electronically before their first class. This copy is posted for reference.
This Release is between the participant who signs it ("I" or "me") and La Luz Retreats LLC, a California limited liability company doing business as Foundation Pilates ("Foundation Pilates" or "Studio").
1. Activity and Released Parties
1.1 Activity. "Activity" means Pilates, yoga, movement, and other fitness and wellness classes and instruction offered by or at Foundation Pilates, including:
- Mat classes and apparatus classes using reformers, towers, chairs, barrels, and other equipment
- Private sessions, workshops, and events
- Classes led by Studio employees, contractors, or visiting instructors
- On-demand, livestreamed, or other online classes, wherever I do them
- Use of the Premises, equipment, and facilities before, during, and after any class
"Premises" means 1502 S El Camino Real, Ste 200, San Clemente, CA, and any other location where Foundation Pilates offers classes.
1.2 Released Parties. "Released Parties" means La Luz Retreats LLC, doing business as Foundation Pilates, and its owners, members, managers, employees, contractors, instructors, agents, successors, and assigns; and the owner and landlord of the Premises.
2. Assumption of Risk
I understand that the Activity involves risks that can cause serious injury, permanent disability, or death. These risks include:
- Muscle strains, sprains, and tears; joint, back, and neck injuries
- Falls while getting on, off, or using equipment
- Being struck, pinched, or caught by moving carriages, springs, bars, straps, or ropes
- A spring, strap, or other part breaking, slipping, or releasing unexpectedly, or other equipment malfunction
- Overexertion, dizziness, fainting, and heart-related events
- Aggravation of pre-existing conditions, including during pregnancy or after childbirth
- Slips and trips on the Premises, and contact with other participants
- Errors in instruction, cueing, or spotting
- For online classes, exercising without an instructor present to observe or correct me, and hazards in my own space and equipment
I VOLUNTARILY ASSUME ALL RISKS OF THE ACTIVITY, KNOWN AND UNKNOWN, EVEN IF THEY ARISE FROM THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES.
3. My Responsibilities
3.1 Health. I am physically able to participate. I have consulted a physician where appropriate, including about any injury, medical condition, or pregnancy. I will tell my instructor about these before class, stop if I feel pain, dizziness, or discomfort, and take responsibility for monitoring my own condition.
3.2 Hands-On Cues. Instructors may use touch to cue or adjust my form. I consent to this and may decline it at any time by telling my instructor.
3.3 Rules. I will follow my instructor's directions and Foundation Pilates' posted policies, including wearing grip socks for apparatus classes, and I will report any injury or damaged equipment to Studio staff immediately.
4. Release of Liability and Indemnity
4.1 RELEASE AND WAIVER. In exchange for being allowed to participate in the Activity, I RELEASE, WAIVE, AND DISCHARGE THE RELEASED PARTIES, AND AGREE NOT TO SUE THEM, FOR ANY AND ALL CLAIMS, DEMANDS, AND LIABILITY FOR INJURY, ILLNESS, DEATH, OR PROPERTY DAMAGE ARISING OUT OF OR RELATED TO MY PARTICIPATION IN THE ACTIVITY OR MY PRESENCE ON THE PREMISES, INCLUDING CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES. This release binds me and my heirs, executors, administrators, and anyone who may claim on my behalf.
4.2 What This Release Does Not Cover. This release does not apply to claims arising from the gross negligence or willful misconduct of a Released Party, to the extent California law does not allow those claims to be released.
4.3 Indemnity. I agree to indemnify and hold harmless the Released Parties from any claims, losses, and expenses, including reasonable attorneys' fees, brought by me, my heirs, or anyone on my behalf, or caused by my own conduct, that arise from my participation in the Activity.
5. Other Terms
5.1 Emergency Treatment. I authorize the Released Parties to seek emergency medical treatment for me if needed. I am responsible for the cost of any treatment and transport.
5.2 Duration. This Release covers all of my participation in the Activity, now and in the future, under any membership, class pack, drop-in, guest pass, or third-party booking, until I revoke it in writing. If I revoke it, I may no longer participate.
5.3 Separate Agreement. This Release is separate from any membership agreement or purchase terms. Ending a membership does not end this Release for any participation that already took place.
5.4 Severability. If any part of this Release is found unenforceable, the rest remains in full effect, and that part will be enforced to the maximum extent the law allows.
5.5 Governing Law. California law governs this Release.
5.6 Electronic Signature. An electronic signature on this Release has the same effect as a handwritten one.
Acknowledgment
I HAVE READ THIS RELEASE AND UNDERSTAND IT. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO SUE THE RELEASED PARTIES FOR NEGLIGENCE. I AM 18 OR OLDER, OR MY PARENT OR GUARDIAN HAS ALSO SIGNED, AND I SIGN THIS RELEASE VOLUNTARILY.
Parent or Guardian (required if participant is under 18)
I am the parent or legal guardian of the participant. I have read this Release and agree to it on my own behalf and on behalf of the participant. I give permission for the participant to take part in the Activity. I agree to the assumption of risk, release, and indemnity above for myself and the participant, including claims arising from the ordinary negligence of the Released Parties.
