Parties & Activities
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1. Parties: We will refer to Pella Pilates & Wellness, a LLC based in the State of Iowa, as “Pella Pilates”, “us”, “we”, or “our”, & 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 may participate, in person or online, in Pilates & exercise classes, sessions, events, workshops & more with Pella Pilates. We offer multiple levels of Pilates classes, all of which may involve but are not limited to the following (“Activities”):
2.1 Flexibility training in the form of Pilates positions, body weight exercises, use of Pilates equipment for stretching & resistance exercises, strength exercises, mobility, range of motion exercises, breathing exercises, & relaxation exercises.
2.2 The Activities may involve receiving physical contact from instructors, so please advise in advance if you do not want any.
2.3 The Activities also apply to any classes made available for online streaming & participation, both live or recorded, or that take place outside of Pella Pilates's facilities, including outdoors. We need you to acknowledge that you are responsible for the safe facilitation of the Activities happening outside of our facilities.
Equipment
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3. Equipment: In the course of the Activities, you will use a variety of equipment, which may include but is not limited to: straps, mats, reformer, chair, tower, rings, resistance bands, barrels, magic circle, spinal corrector, stability & rotational discs, balance pods, dumbbells, foam rollers, massage balls (the “Equipment”). Please do not use any equipment not instructed by Pella Pilates.
Inherent Risks
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4. Inherent Risks: You understand that participating in the Activities poses inherent risks, some more obvious or more serious than others. These risks can result in serious harm & injuries that could change your quality of life &, in very rare & extreme circumstances, may even result in death.
4.1 Injuries include but are not limited to things like muscle tears, strains, rhabdomyolysis & other musculoskeletal injuries, sprains, fractures, broken bones, cardiovascular complications, high blood pressure, dehydration, dizziness, & fainting.
4.2 Exposure to & contraction of COVID-19 or other communicable diseases passed on via other participants & use of shared space, surfaces, or Equipment.
4.3 Additional risks of Activities for pregnant or post-natal women to the health of your fetus & your body, including but not limited to pregnancy loss, low birth weight, early delivery & postpartum complications.
4.4 Additional risks posed by participating in the Activities online, as there is no in-person supervision or space provided for you, & you will therefore need to ensure the safety of the Activities, using your judgment on how to best practice them, not pushing yourself too far or attempting anything you feel unsure how to perform.
Affirmation of Health
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5. Affirmation of Health. By participating in any Activities with Pella Pilates, you affirm that you have sought medical advice regarding your fitness or are certain of your ability to engage in the Activities. By signing this Waiver and participating in the Activities, you represent you have been cleared to participate in the Activities by your physician or other healthcare provider. If you have any pre-existing medical conditions (e.g. asthma, diabetes, heart disease, etc.), physical injuries, weakness, are pregnant, post-natal or post-surgery, you should consult with your doctor first before engaging in the Activities. Please communicate & inform us IMMEDIATELY if at any point you do not feel well during the Activities.
Release, Waiver, and Idemnity
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8. Release, Waiver & Indemnity. You hereby release, hold harmless, indemnify, defend & waive any claims against Pella Pilates & Wellness, LLC, its members, directors, officers, contractors, employees, volunteers, agents, executors, administrators, successors, family members & assigns (the “Released Parties”) from and against any and all liability & damages, including attorney’s fees, arising from death or personal injuries, including the contraction of COVID-19 or other communicable diseases or related to premises liability, however caused including as a result of Pella Pilate’s negligence, during your participation in the Activities with Pella Pilates. You are releasing the Released Parties at your own risk & you agree to forfeit any & 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 this provision applies to you, your family, heirs, executors or anyone else who may be able to bring a legal action on your behalf in the future.
Continued Agreement, Legal Provisions
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9. Continued Agreement. Agreement to this Waiver will act as your continued agreement to all ensuing Activities, classes, session, events, workshops, & more, whether in person, online, or via video conferencing tool.
10. General Legal Provisions. Choice of Laws & Venue. This Waiver will be governed exclusively by the laws of the State of Iowa. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the State of Iowa. Severability. If any provisions of this Waiver are invalid or unenforceable, the other provisions in the Waiver will remain in full force & effect. Entire Agreement. This Waiver constitutes the entire agreement between the parties & replaces any prior agreements. Headings. The headings used in this Waiver are for stylistic purposes only & none of the content in the headings are intended to be legally binding. Online Agreement. We agree that this Waiver may be signed electronically or agreed to by having you click “I Agree”, the effect of which will be the same as signing by hand & the intention of which is that both parties desire to be bound by all the terms of this Waiver.
You agree that you have read this Waiver & fully understand its contents & voluntarily agree to be bound to all of its terms. Typing your name below acts as your signature:
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Name of Participant
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First Name
Last Name
Name of Parent or Guardian (if participant is under 18)
First Name
Last Name
Email
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Date
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