Terms And Conditions
RELEASE OF LIABILITY AND EXPRESS ASSUMPTION OF RISK
I (individually and on behalf of myself, any members on my membership agreement, and any of my guests) represent that I am in good health, at least 18 years of age, have the necessary current medical approval to engage in physical exercise and Pilates based instructional classes at BTT (Burn-Tighten-Tone) Fitness, Inc. (dba Pilates Plus LA Malibu, Pilates Plus LA Studio City and Pilates Plus LA Encino, Pilates Plus LA Woodland Hills, Pilates Plus LA Burbank, and all future dbas cumulatively referred to as "BTT"), and have no disability, impairment, injury, disease or ailment preventing me from engaging in physical exercise and fitness based instructional classes which would cause risk of injury or adverse health consequences as a result of engaging in physical exercise and fitness based instructional classes. I acknowledge that BTT is relying upon this representation and warranty and I understand that BTT does not and will not investigate or certify my health or my fitness to participate in physical exercise and fitness based instructional classes.
In consideration of BTT's agreement to allow me to participate in any activity or be present upon BTT premises, I (individually, as agent for and on behalf of my spouse, partner, heirs, children, unborn children, next of kin, distributees, guardians, legal representatives, and assigns) do hereby knowingly, voluntarily and intentionally, fully, absolutely and completely agree that if I engage in any physical exercise or activity or am present at any BTT facility, I do so or am present at my own risk and assume the risk of any and all injury, contracting a virus or disease, and/or any other damage while on the premises and/or engaging in any physical exercise or activity. My assumption of risk includes, without limitation, my use of any exercise equipment (mechanical or otherwise), the locker room, sidewalk, parking lot, stairs, lobby area, or any equipment in or about the BTT facility. I agree to assume the risk of my participation in any activity, class, program, instruction, or BTT-sponsored event. I acknowledge and understand that BTT is a "hands on" studio, meaning that instructors make corrections by physical touch, and waive and release any claims arising out of same. I agree that I am voluntarily participating in the aforementioned activities and using any BTT equipment, facilities and premises and assume all risk of injury, contracting a virus, disease or other illness, damage, or loss to me or my property that might result, including, without limitation, any loss or theft of any personal property. I agree to forever release and discharge BTT and any of their related companies and their owners, shareholders, officers, directors, employees, instructors, trainers, contractors, agents, representatives , insurers, successors and assigns (cumulatively "Releasees") from any and all claims or causes of action (known or unknown) arising out of the negligence, whether active or passive, of any Releasees. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) My use of any exercise equipment or facilities which may malfunction or break, (b) Releasees' improper maintenance of any exercise equipment or facilities, including but not limited to contracting a virus or disease as a result of same, (c) Releasee's negligent instruction or supervision, including personal training, and (d) My slipping or tripping and falling while at any BTT facility for any reason, including Releasees' negligent inspection or maintenance of the facility. By execution of this Agreement, I hereby agree to indemnify and hold harmless Releasees from any loss, liability, damage, or cost any Releasee may incur due or related to my presence at any BTT facility. I further expressly agree that the foregoing assumption of risk, release, waiver, and indemnity agreement is intended to be as broad and inclusive as permitted by the laws of the state of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. This agreement is not intended as an attempt to release gross negligence or intentional torts. I acknowledge that BTT facilities are designed to and do offer a service to their members encompassing the entire fitness spectrum. BTT is not in the business of selling Pilates equipment, exercise equipment, or other such products to the public, and the use of such items is incidental to the service provided by BTT. I acknowledge and agree that BTT does not place such items into the stream of commerce. I understand that BTT has video cameras installed at its facilities which records photos, audio and video. By being on any BTT premises or attending or participating in any BTT activity, whether on or off the premises, I consent to being filmed, audio recorded and/or video recorded and to the use of any photographs, pictures, film, audio or videotape taken of me or provided by me for publicity, marketing, advertising, promotion, television, or any other use, and expressly waive any right of privacy, compensation, copyright or other ownership right connected to same. This provision shall survive termination of the Agreement.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY, AND EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT. I AM AWARE AND AGREE THAT BY EXECUTING THIS WAIVER AND RELEASE, I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST ANY OF THE RELEASEES FOR THEIR NEGLIGENCE, OR FOR ANY DEFECTIVE PRODUCT ON BTT PREMISES. I HAVE READ AND VOLUNTARILY SIGNED THIS WAIVER AND RELEASE OR AUTHORIZED ANOTHER TO SIGN IT ON MY BEHALF, AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENTS APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE. I AGREE THAT THE ABOVE REPRESENTATIONS ARE CONTRACTUALLY BINDING, AND ARE NOT MERE RECITALS, AND THAT SHOULD I ASSERT ANY CLAIM IN CONTRAVENTION OF THIS AGREEMENT, I SHALL BE LIABLE FOR THE EXPENSES (INCLUDING REASONABLE ATTORNEYS FEES) INCURRED BY ANY RELEASEE IN DEFENDING AGAINST ANY SUCH CLAIM OR ACTION. I ACKNOWLEDGE THAT THIS RELEASE WAS NEGOTIATED BY AND BETWEEN THE PARTIES TO THIS AGREEMENT, AND THAT BY MY SIGNATURE BELOW, AND/OR BY USING OR BEING PRESENT ON BTT PREMISES OR ACCEPTING ANY BTT SERVICES, I USE THE FACILITY OR ACCEPT THE SERVICES SUBJECT TO THIS RELEASE.
