Legal

STUDIO WAIVER

CREATED JUNE 1, 2024

 

AGREEMENT OF RELEASE AND WAIVER OF LIABILITY AT PARAKEET PILATES LLC:

Prior to participating in any fitness activity (“Activity”) taught or guided by any instructor or contractor at Parakeet Pilates LLC (“Instructors”), including, but not limited to, private and group Pilates training sessions offered online, inperson or outside the premises at Parakeet Pilates LLC, 440 Robert Parker Coffin Rd., Long Grove, IL 60047 (both online platform and physical space collectively referred to as the “Studio”), each student (“You”) shall read the agreement set forth below in order to make an educated choice to participate or not participate. Your digital approval will signify your acknowledgement and informed consent of the possible risks involved. Before starting this or any other exercise program, always consult your doctor. You hereby acknowledge and agree that Your use of Your own equipment, the Studio facilities, services, equipment or premises, involves risks of injury to persons and property, including those described below, and You assume full responsibility for such risks. In consideraton of Your engaging in any Activity or entering the facility for any purpose including, but not limited to, observation, use of facilities, services or equipment, or participation in any way, You agree to the following: You hereby release and hold Parakeet Pilates LLC, it’s members and managers, Parakeet Pilates Instructors, their family members, employees, contractors, and agents (together, “Releasees”) harmless from all liability to You and Your personal representatives, assigns, heirs, and next of kin for any injury, loss, or damage, and forever forfeit any claim or demands therefore, on account of injury to Your person or property, including injury leading to Your death, whether caused by the active or passive negligence of Releasees or otherwise, to the fullest extent permitted by law, while You are participating in any Activity or while you are in, upon, or about the Studio or equipment. You also hereby agree to indemnify the Releasees from any loss, liability, damage or cost Instructors may incur due to the presence of You or Your guests in, upon or about the Studio or in any way observing or using any facilities or equipment of Instructor whether caused by Your negligence or otherwise. You represent and warrant (a) that You are in good physical condition and have no disability, illness, or other condition that could prevent You from exercising without injury or impairment of health, and (b) that You have consulted a physician concerning an exercise program that will not risk injury to You or impairment of Your health. Such risk of injury includes (but is not limited to): injuries arising from use by You or others of exercise equipment and machines; injuries arising from participation by You or others in supervised or unsupervised activities or programs; injuries and medical disorders arising from exercising such as heart attacks, strokes, heat stress, sprains, broken bones, and torn muscles and ligaments, among others; and accidental injuries. You further expressly agree that the foregoing release, waiver and indemnity agreement shall bind the members of Your family and spouse, if You are alive, and Your heirs, assigns, and personal representative, if You are deceased, and shall be deemed as a release, waiver, discharge, and covenant not to sue the above-named Releasees.

 

Parakeet Pilates LLC has a 12 hour cancellation policy for classes and a 24 hour cancellation policy for private sessions. If You do not give said 12 or 24 hour notice, You agree that Your package will be charged for Your missed reservation.

 

If medical care is rendered to You, You consent to that care if You are unable to give Your consent for any reason at the time the care is rendered.

You grant Your permission to Parakeet Pilates LLC and any transferee or licensee, to utilize any photographs, motion pictures, videotapes, recordings and other references or records of the Activity which may depict, record or refer to You for any purpose (“Likeness”), including commercial use by the released parties, their sponsors and their licensees. This permission is for use anywhere in the world and on the Internet and for an unlimited period of time. You understand and agree that You will not be compensated or receive additional consideration for consenting to the use of Your Likeness and that You will not be given a chance to receive, inspect or approve the promotional or marketing material, messages and/or content that may use Your Likeness. This consent stands unless You submit a refusal to be photographed in writing either in person or via email to the studio owner.

 

The foregoing release is intended to be as broad and inclusive as is permitted by the law of the State of Illinois and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full force and effect. You have read this release and waiver of liability and indemnity clause, and agree that no oral representations, statements or inducement apart from this Agreement have been made. IN DIGITALLY APPROVING THIS RELEASE, YOU ACKNOWLEDGE AND REPRESENT THAT You have read the foregoing Agreement, understand it and sign voluntarily as Your own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; You are at least (18) years of age and fully competent; and You execute this Release for full, adequate and complete consideration fully intending to be bound by same. You recognize this digital liability waiver as legal and fully binding and by signing this release and waiver, You are agreeing to the terms and conditions hereof