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PILATES/MOVEMENT WAIVER AGREEMENT

Why You’re Reading This Document 

Before you begin your first class with us, whether it is online or in person, we need you to clearly understand the risks of participating in our Pilates classes. The purpose of this release and waiver (the “Waiver”) is to communicate in an open and honest way the risks of practicing Pilates/Exercise together and have you release Lila Heller- Love of Movement Method and Katie Ybarra- A Pilates Practice of any liability. 

Please be aware that if you do not sign this Waiver and agree to its terms, we will not let you participate in our Pilates classes. 

If you are under the Age of Majority in the State of California (18 years old), your legal guardian must also sign this Waiver on your behalf. 

PLEASE READ CAREFULLY, UNDERSTAND FULLY, AND ASK QUESTIONS IF ANYTHING IS UNCLEAR. WE ARE HERE TO SUPPORT YOU. MAKE SURE YOU UNDERSTAND THIS WAIVER. BY SIGNING THIS YOU AGREE YOU ARE SIGNING AWAY YOUR LEGAL RIGHTS AND YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS AGREEMENT. 

  1. Parties. We will refer to Lila Heller -Love of Movement Method and Katie Ybarra - A Pilates Practice at 5305 Claremont Studio, “us” or “we” and we’ll refer to you, the undersigned (electronically or by hand) or person who has clicked “I Agree” to this Waiver, as “you” or “your”. 
  2. The Activities. You will be participating in Pilates and Movement classes at 5305 Claremont Studio. We offer personal and supportive Pilates and Movement including classes on the Pilates reformer, group Pilates Movement classes and private Pilates, Movement sessions, which may involve but are not limited to the following activities (the “Activities”): 

2.1 Flexibility training in the form of Pilates positions, body weight exercises, use of Pilates equipment for stretching and resistance exercises, applied neurology, strength exercises, mobility, range of motion exercises, breathing exercises, and

relaxation exercises. We may also use touch to facilitate proper mechanics and use exercises based on Pilates principles but which may not be codified as Pilates exercises. The constant in all of these classes is that the Activities involve moving in full ranges of motion, strength training, and postural training. The Activities may involve receiving adjustments from instructors, so please advise in advance if you do not want adjustments. 

2.2 The Activities also apply to any Pilates/ movement classes which are made available for online streaming and participation. As these classes will be taking place outside of 5305 Claremont Studio facilities, we need you to acknowledge that you are responsible for the safe facilitation of the Activities. 

2.3 To be crystal clear, we do not diagnose or treat diseases or any other conditions which may be acute or chronic. Pilates is not physiotherapy and we teach Pilates and do not offer physiotherapy services. Please let us know in advance if you have any questions about this. 

  1. Equipment. In the course of the Activities, you will use a variety of equipment (the “Equipment”), which may include but is not limited to: straps, mats, reformer, chair, tower, rings, resistance bands, cadillac, barrels, Swedish ladder, Kettle bells, Yamuna body rolling balls, dumbbells, foam rollers, massage balls. Please do not use any Equipment not instructed by 5305 Claremont Studio. 
  2. Inherent Risks. You understand that participating in the Activities poses inherent risks, some more obvious/serious than others. These risks can result in serious harm and injuries that could change your quality of life and, in very rare and extreme circumstances, may even result in death. 

4.1 Injuries include but are not limited to things like muscle tears, strains and other musculoskeletal injuries, sprains, broken bones, cardiovascular complications, dehydration, dizziness and fainting. 

4.2 Exposure to and contraction of COVID-19 or other communicable diseases passed on via other participants and use of shared space or Equipment. 

4.3 There are additional risks posed by participating in the Activities online, as there is no in-person supervision or space provided for you, and you will therefore need to ensure the safety of the Activities, using your judgment how to best

practice them, not pushing yourself too far or attempting anything you feel unsure how to perform. 

  1. Affirmation of Health. By participating in any Activities at 5305 Claremont Studio, you affirm that you have sought medical advice or else are certain that your health and fitness levels are sufficient to participate in advanced level Pilates. 
  2. Voluntary Assumption of Risk. You have read this Waiver and understand the risks of participating in the Activities with Lila Heller, Love of Movemnt Method and Katie Ybarra, A Pilates Practice. Your signature below, electronic signature or clicking ‘I Agree’, and your participation in the classes at 5305 Claremont Studio illustrates your voluntary participation and assumption of the risks of the Activities. 
  3. Release, Waiver and Indemnity. You hereby release Lila Heller, Love of Movement Method and Katie Ybarra, A Pilates Practce at 5305 Claremont Studio its members, directors, officers, contractors, employees, volunteers, agents, executors, administrators, successors, family members and assigns (the “Released Parties”) from any liability and damages arising from death or personal injuries, including the contraction of COVID-19 or other communicable diseases, however caused including as a result of Lila Heller, Love of Movement Method and Katie Ybarra, A Pilates Practce at 5305 Claremont Studio negligence, during your participation in the Activities at 5305 Claremont Studio. You are releasing the Released Parties at your own risk and you agree to forfeit any and all forms of legal recourse which may be available to you, including but not limited to any form of damages, as a result of your participation in the Activities. You agree that these provisions above apply to you, your family, heirs, executors or anyone else who may be able to bring a legal action on your behalf in the future. 
  4. Media Release. We think you’re gorgeous and would love to show you off! By being a student at our studio, you agree to grant us the irrevocable right to use your image, likeness, photographs, video content, audio recordings of you captured in our studio or that you share with us online (via your own or others posting of you) as part of our online streaming, marketing and sales throughout the world and in perpetuity. You also release us from all claims you may have relating to the use mentioned in this section. Please let us know If you ever want us to stop using an image of you. If you would like to use any materials, please ask Lila Heller, Love of Movement Method and Katie Ybarra, A Pilates Practce at 5305 Claremont Studio us for permission beforehand.
  5. General Legal Provisions. Jurisdiction. This Waiver will be governed exclusively by the laws of the State of California. Severability. If any provisions of this Waiver are invalid or unenforceable, the other provisions in the Waiver will remain in full force and effect. Entire Agreement. This Waiver constitutes the entire agreement between the parties and replaces any prior agreements. Headings. The headings used in this Waiver are for stylistic purposes only and none of the content in the headings are intended to be legally binding. You agree by printing and signing your name below. 

 

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