Liability Form

INFORMED CONSENT & STUDIO POLICY AGREEMENT

I certify that I am a competent adult of at least 18 years of age or that if I am a minor under the age of 18, I understand that the consent of my parent/legal guardian having legal custody will also be required before my participation in an exercise class. This Informed Consent is freely and voluntarily executed and shall be binding upon my spouse, relatives, legal representatives, heirs, administrators, successors and assignees.

I certify that I am in adequate health to participate in any activities at Fort Pilates I understand that should this information change, it is my sole responsibility to notify the instructors, in writing, at Fort Pilates and hereby agree to do so in a timely manner.

I agree that I am bound by the Studio Policies and all signs and other rules posted or distributed in the Studio shall be considered part of this Agreement. Policies may be revised, supplemented, or amended at the sole discretion of the Studio, as deemed necessary for the proper management of Fort Pilates. Fort Pilates reserves the absolute right to change the Studio Policies.

I agree that Fort Pilates is in no way responsible for the safekeeping of my personal belongings while I attend class. I understand that classes at Fort Pilates may be physically strenuous and I voluntarily participate in them with full knowledge that there is risk of personal injury, property loss or death. I agree that neither I, my heirs, assigns or legal representatives will sue or make any other claims of any kind whatsoever against Fort Pilates or its members for any personal injury, property damage/loss, or wrongful death, whether caused by negligence or otherwise.

RELEASE AND INDEMNITY AGREEMENT

THIS RELEASE AND INDEMNITY AGREEMENT (“Release”) is made by the undersigned adult (the “Participant”), to release and indemnify The Studio as set forth below. The term means Fort Pilates, a New York Limited Liability Company, and all of its members, affiliates, and licensees, successors, assigns, employees, agents, and contractors.

Participant, on Participant’s own behalf and on behalf of the other members of the Participant’s family, including Participant’s spouse, parents, children, heirs, and assigns (singularly and collectively referred to as “Participant”) hereby grants to Fort Pilates this full release and indemnification as consideration in exchange for Fort Pilates permitting Participant to participate in Fort Pilates exercise classes.

Participant is entering into this Release after having viewed or having had the opportunity to view the instructor’s qualifications; having had the scope of Fort Pilates classes and their associated risks explained; and having had an opportunity to ask questions regarding the classes and risks associated with Fort Pilates exercise classes.
Participant is voluntarily participating in Fort Pilates's exercise classes with full knowledge, understanding and appreciation of the risks inherent in any physical exercise and expressly assumes all risks of injury and even death which could occur by reason of Participant’s participation.

Participant hereby releases, waives, discharges and covenants not to sue Fort Pilates from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or relating to any loss, expense, damages or injury, including death, that may be sustained by Participant, or to any property belonging to Participant, whether caused by the negligence of Fort Pilates, or otherwise as a result of participating in Fort Pilates exercise classes.

Participant hereby assumes full responsibility for any and all risks of bodily injury, property damage or death to Participant due to the ordinary negligence or gross negligence of The Studio and the ordinary negligence, gross negligence, or willful misconduct of any third party including others participating in Fort Pilates exercise classes. Participant agrees to indemnify, defend, and hold harmless, Fort Pilates, at Participant’s sole cost from any and all claims arising out of Participant’s participation in Fort Pilates's exercise classes.

Participant expressly agrees that the terms of release and the indemnity contained herein are intended to be as broad and inclusive as is permitted by the laws of New York. Any provision of this release found to be invalid by the courts having jurisdiction shall be invalid only with respect to such provision or portion and all other provisions shall remain in full force and effect.

This Agreement supersedes all prior discussions and agreements with respect to Fort Pilates exercise classes and shall be interpreted according to the laws of the State of New York without regard to choice of law provisions. By my signature below, I acknowledge that I have read and fully understand and accept the terms of this Release and represent and agree that my signature is freely and knowingly given.

The undersigned acknowledges and agrees to comply with Fort Pilates's procedures at all times. The undersigned has read and understood the terms of this assumption of risk, release and waiver of liability, and indemnity agreement and agree to its terms.

ASSUMPTION OF THE RISK & WAIVER OF LIABILITY RELATING TO CORONAVIRUS/COVID-19*

In accordance with the most recent guidance and protocols issued by the World Health Association (WHO) and the Centers for Disease Control and Prevention (CDC), the undersigned hereby agrees, represents, and warrants that the undersigned shall not visit or utilize facilities, services, programs of Fort Pilates (other than exclusively online) within 5-10 days after (i) returning from highly impacted areas subject to a CDC Level 3 Travel Health Notice, (ii) exposure to any person returning from areas subject to a CDC Level 3 Travel Health Notice, or (iii) exposure to any person who has a suspected or confirmed case of COVID-19. The undersigned hereby agrees, represents, and warrants that the undersigned shall not utilize the facilities, services, and programs of Fort Pilates if they (i) experiences symptoms of COVID-19, (ii) has a suspected or diagnosed/confirmed case of COVID-19.

Fort Pilates has implemented the recommended protocols and preventative measures recommended by the CDC to help reduce the spread of COVID-19; however, Fort Pilates cannot guarantee that you will not become infected with COVID-19. By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by attending Fort Pilates and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at Fort Pilates may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Fort Pilates instructors, staff, and other clients and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my attendance at Fort Pilates or participation Fort Pilates classes. On my behalf, I hereby release, covenant not to sue, discharge, and hold harmless Fort Pilates, its instructors, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Fort Pilates, its instructors, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any program with Fort Pilates.

* Required