The Pilates Krewe

THE PILATES KREWE E-WAIVER
& RELEASE OF LIABILITY

READ CAREFULLY
THIS AFFECTS YOUR LEGAL RIGHTS

DEFINITIONS

    • Electric Muscle Stimulation is hereafter referred to as “EMS.”
    • Pilates fitness training, group fitness instructions, yoga, TRX, EMS, 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; The Pilates Krewe III LLC of 9568 W. Linebaugh Ave., Tampa, FL, 33626; and, The Pilates Krewe Holdings LLC of 3504 W. Palmira Ave., Tampa, Florida, 33629, are hereby collectively referred to as the “Operator” or “TPK.”
    • The Operator and the undersigned are hereafter referred to as the “Parties.”

CONTACT INFO

Full Name:

Phone Number:

Email Address:  

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 follow any oral or written instructions or directions given by the Operator, its employees, representatives, or agents.

  2. ASSUMPTION OF THE RISKS AND RELEASE
    I recognize that there are certain inherent risks associated with the Exercises. 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 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 before participating in the above-described activity and that I represent that a licensed medical professional has cleared me to participate in the Exercises. I understand that participation in the Exercises may result in soreness and fatigue, and I accept these conditions as part of this agreement. I understand and assume the risks of participating in the Exercises, including the potential for injury. I acknowledge that I am responsible for informing 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 ARE NOT TYPICAL; NO GUARANTEES
    I acknowledge that the Operator does not guarantee any results, including weight loss or rehabilitation of an injury, in conjunction with participation in the Exercises.

  5. OPERATOR DISCRETION FOR EXCLUSION
    I understand that the operator may disqualify me from participating in the Exercises at any time for any reason. However, such disqualification is not a diagnosis of any kind.

EMS TRAINING
For individuals participating in EMS training, please note the following.

  1. MEDICAL CLEARANCE
    You are advised to obtain clearance to participate in EMS training before you start a program. By proceeding with training, you acknowledge and accept the risks associated with physical activity, EMS training, and the Exercises, including potential injury or death.

  2. PRECAUTIONS & RECOMMENDATIONS
    1. Hydrate adequately (at least 16 ounces of water) up to four hours before each session. 
    2. If you experience discomfort during the session, stop immediately. 
    3. Avoid other strenuous activities on the training day, 12 hours prior and 12 hours following.
    4. Do not participate in EMS training if you have a cold, virus, or feel ill.

  3. CLOSE CONTACT
    Your instructor must contact you physically to fit you into the training equipment and specialized garments. This includes adjusting straps, wires, belts, and garments. Instructors will not need to come into contact with your breasts, genitals, or buttocks at any time and are required to instruct the Participant to make any adjustments in those areas. However, equipment will cover these areas; therefore, if you are uncomfortable with having the training equipment touch your body, you are advised not to participate.

  4. MINORS
    TPK does not currently permit minors to participate in EMS training.

  5. CONTRAINDICATIONS FOR PARTICIPATION
    EMS training is not for everyone. Participants should not engage in EMS training under any of the following conditions:
    • Active influence of alcohol, drugs, or painkillers
    • Open wounds and/or sunburn
    • Post-surgical recovery period
    • Cardiac irregularities
    • A history of blood clots or DVT
    • Presence of active medical implants, including but not limited to pacemakers and apnea treatment devices, defibrillators, neuro-stimulators, or pain pumps
    • Endoprosthesis or other internal metallic materials
    • Epilepsy or seizure disorders
    • Current or suspected pregnancy
    • Severe blood circulation issues, including untreated hypertension
    • Disorders like hemophilia leading to excessive bleeding
    • Hernias, both abdominal and inguinal
    • Infectious diseases, including tuberculosis
    • Cancers of any type
    • Arteriosclerosis or vascular disease, including chronic varicose veins 
    • Neurological disorders
    • Diabetes
    • Febrile-type diseases and/or those that carry a risk of seizor 
    • Liver disease
    • Damaged, infected skin, rashes, body acne, or other skin diseases
    • Rhabdomyolysis, muscle disorders, or connective tissue disorders

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, that may in any way arise from my or my family's use of or presence upon the Operator's facilities.

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.

CONSENT
I, , Residing at: ,

Consent to participate in the Exercises.

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.

MEDICAL AUTHORIZATION FOR MINORS
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:

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;

The power to authorize medical treatment or medical procedures in an emergency situation; and

The power to make appropriate decisions regarding clothing, bodily nourishment, and shelter.

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. 

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.

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.

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.

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

Leave this empty:

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Signature Certificate
Document name: The Pilates Krewe E-Waiver
lock iconUnique Document ID: d9fbb4564b773fefde7e8df083e88f93c272c8fd
Timestamp Audit
November 19, 2022 4:49 pm EDTThe Pilates Krewe E-Waiver Uploaded by Dan Soschin - dan@pilateskrewe.com IP 47.200.113.119
January 4, 2023 8:36 am EDTDan Soschin - dan@pilateskrewe.com added by Dan Soschin - dan@pilateskrewe.com as a CC'd Recipient Ip: 104.136.218.138
May 15, 2023 6:08 pm EDTDan Soschin - dan@pilateskrewe.com added by Dan Soschin - dan@pilateskrewe.com as a CC'd Recipient Ip: 47.204.190.31
June 6, 2024 6:41 pm EDTDan Soschin - dan@pilateskrewe.com added by Dan Soschin - dan@pilateskrewe.com as a CC'd Recipient Ip: 47.200.113.119
June 6, 2024 6:43 pm EDTDan Soschin - dan@pilateskrewe.com added by Dan Soschin - dan@pilateskrewe.com as a CC'd Recipient Ip: 47.200.113.119
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