Client Liability Waiver
8.1 Member acknowledges and understands that participating in Pilates exercise classes and other fitness activities at the Studio involves inherent risks. The exercises and use of equipment can be physically demanding and may lead to injury, illness, or in rare cases, even death. Member represents that they are in good physical condition and have no medical or health conditions that would prevent or make it unreasonably dangerous to participate in Studio classes or use Studio equipment. Member is strongly advised to consult with a physician before starting any new exercise program, especially if the Member has a history of cardiovascular, orthopedic, or other health issues. The Studio is not responsible for determining whether Member is medically or physically able to participate; Member is solely responsible for monitoring their own physical condition and determining their ability to engage in any activity. Member agrees to follow all safety instructions provided by the Studio’s instructors and to exercise at a level that is appropriate given the Member’s knowledge of their own health and any medical advice they have received. If at any time Member experiences pain, dizziness, excessive fatigue, or any discomfort, Member agrees to stop the activity and inform the instructor. By participating in classes and using the facilities, Member voluntarily assumes all risks of injury, damage, or loss that may result from such participation or use, including the risk of injury or accident that may result from the negligence of the Studio or its staff.
8.2 Release and Waiver of Liability.
Member (for themselves and on behalf of their heirs, assigns, personal representatives, and next of kin) hereby waives, releases, and discharges the Studio and all Studio Parties from any and all claims, demands, causes of action, liabilities, or losses arising out of or in any way related to Member’s participation in Studio classes, use of Studio equipment, or presence on the Studio’s premises. This waiver and release includes, without limitation, any claims of personal injury, illness, disability, or death, and any loss or damage to property, to the fullest extent permitted by law. The foregoing release applies even if the injury or damage is caused in whole or in part by the ordinary negligence or fault of the Studio or the Studio Parties, to the extent allowed by law. Member also agrees not to sue or bring any claim against the Studio or the Studio Parties for any such injuries or damages.(For purposes of this Section 8, the “Studio Parties” are those persons and entities defined in Section 1, and specifically include The Pilates Dwelling, LLC, its owners, managers, members, officers, employees, independent contractors (including instructors), agents, representatives, insurers, affiliates, successors and assigns.)
8.3 Limitation of Liability.
In the event that, notwithstanding the above waiver, a court of law determines that the Studio or any of the Studio Parties is liable for any claim or cause of action that Member (or Member’s heirs or representatives) may have arising from Member’s use of the Studio or participation in its classes, the extent of that liability shall be limited to the lesser of: (a) the total amount of Membership Dues paid by Member to the Studio under this Agreement in the twelve (12) months preceding the incident giving rise to the claim, or (b) two thousand dollars (2,000 USD). Member agrees that under no circumstances will the Studio or the Studio Parties be responsible to Members for any indirect or consequential damages. The limitations in this section do not apply to liability for gross negligence, willful misconduct, or any form of liability that cannot be limited by Law.
8.4 Consent to Emergency Medical Treatment.
In the event that Member sustains an injury or experiences a medical emergency while on the Studio premises or participating in a Studio activity, Member hereby consents to the administration of first aid or emergency medical care by Studio staff or other responders. The Studio will make reasonable efforts to summon professional medical assistance in the event of an apparent emergency. Member understands that the Studio does not maintain or provide health insurance for Members and that any medical costs incurred due to illness or injury will be the Member’s own responsibility. Member releases the Studio and the Studio Parties from any claim or liability arising out of any first aid or medical treatment provided to Member (or any failure to provide or arrange for medical treatment) in connection with an emergency in the Studio.
8.5 Scope of Release.
Member intends that the release of liability contained in this Agreement be as broad and inclusive as
permitted by the laws of the State of Alabama. If any portion of Section 8 (or any other provision of this Agreement) is held to be invalid or unenforceable, Member agrees that the remainder of this Agreement shall continue in full force and effect, and that the invalid portion shall be deemed severed from the Agreement to the minimum extent necessary so that the rest of the terms remain legally valid and enforceable.