PLEASE READ CAREFULLY – THIS DOCUMENT LIMITS YOUR LEGAL RIGHTS

ASSUMPTION OF RISK, WAIVER, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT

This document is a legally binding agreement between you and Pureform, LLC d/b/a Modern Reform Pilates and we will refer to the undersigned individual and the minor participant, if any, as “you” or “your” in this Agreement. This Agreement covers all of the services provided to you by Modern Reform Pilates, as well as your use of any premises, facilities and/or equipment in connection with Modern Reform Pilates.

ASSUMPTION OF RISK:

You agree that if you engage in any training, physical exercise or activity, or you enter the premises or use any facility or equipment on the premises for any purpose (the “Training”), you do so at your own risk and assume the risk of any and all injury and damage you may suffer while Training, using equipment at the premises or provided by the Trainer and Modern Reform Pilates, and all risks associated with Training and use of the facilities. This assumption of risk includes, without limitation, injuries or damages arising out of the active or passive negligence of Trainer and Modern Reform Pilates. You assume all inherent and other risks of your participation in the Training, and use of the premises including any activity, class, program, instruction, or event. Your assumption of risk includes, but is not limited to, all risks associated with use of any sports fields, courts, locker rooms, sidewalks, parking lots, stairs, pools, whirlpools, saunas, steam rooms, lobby and all other areas and facilities on the premises. You agree that you are voluntarily participating in the Training and/or any of the activities noted above or related to the Training and you are assuming all risk of injury, death, illness, damage, or loss to you or your property that might result, including, without limitation, loss or theft of your personal property.

RELEASE:

You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Modern Reform Pilates, Trainer, Trainer’s employees, agents, representatives, successors, and assigns from any and all claims or causes of action (known or unknown) arising out of your participation in Training or any other activity and use of the premises, whether or not arising from the active or passive negligence of Modern Reform Pilates or otherwise and you hereby waive your right bring, initiate and/or participate in any such claim or action (the “Release”). This Release does not include gross negligence or intentional acts, but it does include, without limitation, injuries with may occur as a result of (a) your use of exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, (c) negligent Training, instruction, or supervision, (d) negligent hiring or retention of employees, and/or (e) injuries sustained while on the premises or traveling to or from the premises, including injuries resulting from negligent maintenance of the facility or premises.

INDEMNIFICATION:

By signing this agreement, you hereby agree to defend, indemnify, and hold the Trainer and Modern Reform Pilates harmless from and against any and all losses, costs, expenses, liabilities, damages, whether direct, incidental or indirect, Trainer and Modern Reform Pilates may incur or suffer due to your participation in Training, use of the premises, and all services provided by Modern Reform Pilates to you.

ACKNOWLEDGEMENTS:

You expressly agree this Assumption of Risk, Waiver, Release of Liability and Indemnity agreement is intended to be as broad and inclusive as permitted by the laws of the State in which the Training is conducted and the premises are located and that if any provision is held invalid or unenforceable, it will not affect any other provisions. You acknowledge that Modern Reform Pilates is not in the business of selling weightlifting or exercise equipment, or any Training-related products to the public, and the use of any of these items is incidental to the service provided by Modern Reform Pilates. You understand and agree that Modern Reform Pilates does not place and has not placed such items into the stream of commerce. You warrant and represent that you are in good health and have adequate physical capacity to participate in the Training, and accept responsibility for any medical expenses incurred by you in connection with the Training. You acknowledge you have carefully read everything written in this Agreement and understand it is a complete release of liability of Modern Reform Pilates and Trainer and an express assumption of risk and indemnity by you. You are aware and agree that by signing this Agreement, you are giving up your right to bring a legal action or assert a claim against Modern Reform Pilates and Trainer for negligence or for your use of any allegedly defective product. You confirm you have voluntarily signed this Agreement and agree no oral or other representations, statements, or inducements, apart from this written Agreement, have been made to you by Modern Reform Pilates or anyone on behalf of Modern Reform Pilates.

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