The Pilates Krewe

THE PILATES KREWE E-WAIVER & RELEASE OF LIABILITY

READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS

DEFINITIONS

    • Pilates Fitness Training, group fitness instructions, and mat Pilates classes are hereafter referred to as “Exercises”.
    • The Pilates Krewe LLC of 2605 S. MacDill Ave., Suite B, Tampa, Florida, 33629; The Pilates Krewe II LLC of 2108 N. Tampa St., Tampa, Florida, 33602; and, The Pilates Krewe Holdings LLC of 3504 W. Palmira Ave., Tampa, Florida, 33629, are hereby collectively referred to as the “Operator”.
    • The Operator and the undersigned are hereafter referred to as the “Parties”.

AGREEMENT

In exchange for participation in Exercises offered by the Operator, I agree for myself and (if applicable) for the members of my family, to the following:

  1. AGREEMENT TO FOLLOW DIRECTIONS
    I agree to observe and obey all posted rules and warnings, and further agree to follow any oral or written instructions or directions given by the Operator or its employees, representatives, or agents.

  2. ASSUMPTION OF THE RISKS AND RELEASE
    I recognize that there are certain inherent risks associated with the Exercises and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge the Operator for injury, loss, or damage arising out of my or my family's use, instruction from, of or presence upon the facilities of the Operator, whether caused by the fault of myself, my family, the Operator, or other third parties. Risks include but are not limited to injury from slipping and falling, tripping over equipment, use of equipment (whether proper, supervised, or unsupervised), stress (physical or mental), fatigue, or dehydration.

  3. ATTESTATION OF PHYSICAL CONDITION
    I warrant that I am in good physical condition and that I am free of injury, disability, ailment (temporary or long-term), or impairment (physical or mental), that would prohibit, restrict, or prevent me from participating in the Exercises. Furthermore, the Operator recommends that I consult a physician prior to participating in the above-described activity and that I represent that I have been cleared by a licensed medical professional to participate in the Exercises. I understand that participation in the Exercises may result in soreness and fatigue and that I am accepting these conditions as part of this agreement. I understand and assume the risks, including the potential for injury, of participating in the Exercises. I acknowledge that it is my responsibility to inform the Operator and its employees of any pre-existing conditions, pains, injuries, or illnesses; or any changes to my physical condition before participating in the Exercises.

  4. RESULTS NOT TYPICAL; NO GUARANTEES
    I acknowledge that the Operator does not guarantee results of any type including weight loss or rehabilitation of an injury in conjunction with participation in the Exercises.

  5. INDEMNIFICATION
    I agree to indemnify and defend the Operator against all claims, causes of action, damages, judgments, costs, or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of the Operator.

  6. FEES
    Notwithstanding membership fees and other costs associated with participating in the Exercises, I agree to pay for all damages to the facilities or equipment of the Operator caused by any negligent, reckless, or willful actions by me or my family.

  7. CONSENT
    I, , Residing at: , Consent to participate in the Exercises.

  8. CONSENT ON BEHALF OF A MINOR (Required to complete only if a minor is participating.)

    Furthermore, I consent on behalf of my child(ren):


     
    …To participate in the Exercises and agree on behalf of the above minor(s) to all of the terms and conditions of this agreement. By signing this Release of Liability, I represent that I have legal authority over and custody of the minor(s).

    NOTICE TO THE CHILD'S NATURAL GUARDIAN:

    READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR CHILD ENGAGE IN A POTENTIALLY DANGEROUS EXERCISE. YOU ARE AGREEING THAT, EVEN IF THE OPERATOR USES REASONABLE CARE IN PROVIDING THIS EXERCISE, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE EXERCISE WHICH CAN NOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD'S RIGHT AND YOUR RIGHT TO RECOVER FROM THE OPERATOR IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE EXERCISE. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND THE OPERATOR HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.

  9. MEDICAL AUTHORIZATION
    In the event of an injury to the above minor(s) during the Exercises, I give my permission to the Operator and to the employees, representatives, or agents of the Operator to arrange for all necessary medical treatment for which I shall be financially responsible. This temporary authority will begin on the first day of participation in the Exercises and will remain in effect for the duration of the Exercises. The Operator shall have the following powers:
    1. The power to seek appropriate medical treatment or attention on behalf of my child(ren) as may be required by the circumstances, including without limitation, that of a licensed medical physician and/or a hospital;
    2. The power to authorize medical treatment or medical procedures in an emergency situation; and
    3. The power to make appropriate decisions regarding clothing, bodily nourishment, and shelter.

  10. APPLICABLE LAW
    Any legal or equitable claim that may arise from participation in the above shall be resolved under Florida law.  The parties agree that any dispute relating to this agreement shall be brought in the Circuit Court of Tampa, Hillsborough County, Florida, and each party irrevocably and unconditionally submits to the jurisdiction of such court for such purposes.  If any party files an action for breach of this agreement (or to enforce its terms or to determine the enforceability and/or validity of this agreement), then the prevailing party in any such action shall be entitled to the payment of its reasonable costs and fees incurred in any such action, including reasonable attorney's fees. 

  11. NO DURESS
    I agree and acknowledge that I am under no pressure or duress to sign this agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this agreement if I so desire. I further agree and acknowledge that the Operator has offered to refund any fees I have paid in advance to use its facilities if I choose not to sign this agreement.

  12. ARM'S LENGTH AGREEMENT
    This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation that would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.

  13. ENFORCEABILITY
    The invalidity or unenforceability of any provision of this agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.

  14. EMERGENCY CONTACT
    In case of an emergency, please call:


     

I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS

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Signature Certificate
Document name: The Pilates Krewe E-Waiver
lock iconUnique Document ID: 5d5a8ade99729ff214d8014786344644fb7b3434
Timestamp Audit
November 19, 2022 4:49 pm ESTThe Pilates Krewe E-Waiver Uploaded by Dan Soschin - dan@pilateskrewe.com IP 23.114.122.11