Waiver of Liability, Indemnity Agreement, and Assumption of Risk
Assumption of Risks
Physical activity, by its very nature, carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. You
the client (you, yours, yourself, client) understand that you have enrolled in a program of strenuous physical activity including but not limited to body-conditioning machinery and apparatus used during my Pilates workouts. Linda S. Homer/Downeast Pilates LLC (hereafter “Downeast Pilates”) has facilities for and provides for activities associated with the Pilates method of movement training. Some of these involve strenuous exertions of strength using various muscle groups, some involve quick movements involving speed and change of direction, and others involve sustained physical activity, which places stress on the cardiovascular system. The specific risks vary from one activity to another, but in each activity the risks range from 1) minor injuries such as scratches, bruises, and sprains to 2) major injuries such as loss of sight, nerve, joint or back injuries, concussions, and heart attacks to catastrophic injuries including paralysis and death.
In consideration of permission to use, today and on all future dates the property, facilities, and services including training via online or any other medium provided by Downeast Pilates you, on behalf of ypurself, your heirs, personal representatives, or assigns, do hereby release, waive, discharge, and covenant not to sue, Downeast Pilates, its directors, officers, employees, instructors, volunteers, independent contractors, and
agents from liability from any and all claims arising from the ordinary negligence of Downeast Pilates or any of the aforementioned parties. This agreement applies to 1) personal injury (including death) from accidents or illnesses arising from the participation in Pilates movement training and related activities including, but not limited to, organized activities, classes, observation, online offerings, and individual use of facilities, premises, or equipment; and to 2) any and all claims resulting from the damage to, loss of, or theft of property.
Indemnification and Hold Harmless
You agree to HOLD HARMLESS AND INDEMNIFY Downeast Pilates from all claims resulting from negligence and to reimburse them for any expenses incurred by Downeast Pilates in investigating and defending a claim or suit if your claim is withdrawn, or to the extent a court or arbitration determines that Downeast Pilates is not responsible for the injury or loss.
Downeast Pilates has a strict 24-Hour Cancellation Policy. If you need to cancel, please do so at least 24 hours before your appointment time or you will still be responsible for paying for the session. Cancellation is acceptable via the online scheduling app, email to email@example.com or text message to 207-229-3795. There are no exceptions to this policy.
If any legal action or proceedings are brought by any party to this agreement, the prevailing party shall be reimbursed for all reasonable attorney’s fees and legal costs in addition to other damages awarded, unless fees and costs are otherwise specifically allocated by an adjudicating body having jurisdiction over the matter.
Severability and Venue
The client further expressly agrees that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the laws of the state of Maine and that
if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of Maine or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction.
Acknowledgment of Understanding
You have read the previous paragraphs and you know the nature of the activities at Downeast Pilates. You understand the demands of those activities relative to your physical condition and skill level, and you appreciate the types of injuries, which may occur as a result of activities made possible at Downeast Pilates. By participating in any activity with Downeast Pilates you thereby assert that your participation is voluntary and that you knowingly assume all such risks.
You have read this assumption of risk, waiver of liability and indemnification agreement and fully understand its terms. You understand that you are giving up substantial rights, including your right to sue. You acknowledge that you are accepting this agreement freely and voluntarily and intend your acceptance to signify a complete assumption of the inherent risks of participating in or observing physical activities at Downeast Pilates to the greatest extent allowed by law in the State of Maine.
Your agreement to this Cancellation and Liability Information and Waiver shall act as your continued agreement to all ensuing sessions, workshops and/or seminars whether in person, via Skype, Zoom or any other video conferencing tool or media.