Melrose Studio Waiver
This Waiver, Release, Assumption of Risk, and Indemnification Agreement (the “Agreement”) is entered into between the undersigned participant (“I,” “me,” or “Participant”) and Sporty and Rich Inc., a California corporation doing business as “Sporty & Rich” (the “Studio”), located at 8619 Melrose Avenue, West Hollywood, CA 90069.
In consideration of being permitted to enter the Studio premises and to participate in Pilates, Yoga, group classes, private instruction, and/or any other physical exercise, fitness activity, or use of equipment offered by the Studio (collectively, the “Activities”), I knowingly and voluntarily agree to the following:
1. ASSUMPTION OF RISK
I understand that participation in the Activities involves known and unanticipated risks that could result in physical or emotional injury (including, without limitation, sprains, strains, fractures, torn ligaments, joint or back injuries, heart attack, stroke), illness, paralysis, permanent disability, or death, as well as damage to property. These risks include, but are not limited to:
1. Injury caused by mats, props, blocks, straps, bolsters, weights, balls, resistance bands, or other Pilates/Yoga apparatus, whether due to malfunction, wear, improper adjustment, or user error;
2. Slips, trips, and falls on mats, props, equipment, or floor surfaces;
3. Muscle strain, overexertion, dehydration, fainting, and aggravation of pre-existing conditions;
4. Contact with other participants or instructors;
5. Exposure to communicable or infectious diseases, including but not limited to COVID-19, influenza, and other viruses or pathogens that may be transmitted in a shared studio environment; and
6. Negligent instruction, supervision, or spotting by Studio personnel.
I expressly, knowingly, and voluntarily ASSUME ALL SUCH RISKS, both known and unknown, even if arising from the negligence of the Released Parties (as defined below), and assume full responsibility for my participation.
2. HEALTH REPRESENTATIONS AND MEDICAL CLEARANCE
I represent that I am physically fit and have no medical condition, injury, illness, or impairment that would prevent or be aggravated by my participation in the Activities. I acknowledge that the Studio strongly recommends that I obtain a physician’s examination and clearance prior to participating in the Activities. If I have chosen not to obtain such clearance, I do so entirely at my own risk. I agree to disclose to my instructor, prior to each session, any pregnancy, injury, surgery, illness, medication, or other medical condition that could affect my participation. I have a continuing obligation to update the Studio of any changes to my health status. I will immediately stop participating and notify the instructor if I experience pain, dizziness, shortness of breath, or any other symptom of distress.
3. RELEASE AND WAIVER OF LIABILITY
On behalf of myself and my heirs, spouse, executors, administrators, personal representatives, successors, and assigns, I hereby fully and forever RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Sporty and Rich Inc. d/b/a Sporty & Rich West Hollywood/Melrose, together with its parent, subsidiary, and affiliated entities, and each of their respective owners, members, managers, officers, directors, shareholders, employees, independent contractors, instructors, agents, volunteers, landlords, lessors, insurers, successors, and assigns (collectively, the “Released Parties”), from any and all claims, demands, actions, causes of action, damages, losses, costs, liabilities, and expenses of any kind (including reasonable attorneys’ fees) arising out of or related to my presence at the Studio or my participation in the Activities, including any such claims arising in whole or in part from the NEGLIGENCE of any of the Released Parties. This release includes, without limitation, claims for personal injury, emotional distress, illness, disease, property damage, and wrongful death, and claims arising from equipment malfunction or failure, slips and falls, negligent instruction, training, spotting, supervision, or maintenance, and exposure to communicable disease.
Carve-Out. Consistent with California law, this release does NOT apply to claims arising from the gross negligence, recklessness, or willful or intentional misconduct of a Released Party.
4. INDEMNIFICATION
I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, suits, damages, losses, costs, and expenses (including reasonable attorneys’ fees and court costs) brought by me or by any third party (including my family members or guests) arising out of or related to my presence at the Studio, my participation in the Activities, or my breach of this Agreement, except to the extent caused by a Released Party’s gross negligence, recklessness, or willful misconduct.
5. STUDIO RULES AND USE OF EQUIPMENT
I agree not to operate or use any Studio equipment without the supervision and direction of a Studio instructor. I will follow all instructions from Studio personnel and all posted Studio rules at all times while on the premises. The Studio may, in its sole discretion, refuse service to, terminate the membership of, or remove from the premises any person who fails to follow Studio rules, behaves disruptively, or poses a risk to the safety or comfort of others.
6. CANCELLATION POLICY AND PRE-PAID LESSONS
I agree to pay the full session fee for any private appointment or class reservation that I do not cancel at least twenty-four (24) hours in advance, or that I fail to attend (“no-show”). I acknowledge that pre-paid sessions, packages, and class credits are non-refundable and non-transferable, and expire one (1) year from the date of purchase unless otherwise stated in writing. I authorize the Studio to charge my payment method on file for any unpaid fees, including late-cancellation and no-show fees.
7. PERSONAL PROPERTY
The Studio is not responsible for any loss, theft, or damage to personal property brought onto Studio premises, including items left in cubbies, lockers, dressing rooms, or common areas. I assume full responsibility for safeguarding my personal belongings.
8. PHOTOGRAPHY AND MEDIA RELEASE
I acknowledge that the Studio may photograph or record video or audio at the Studio for marketing, promotional, social media, and editorial purposes. I grant the Studio and its affiliates a perpetual, royalty-free, worldwide license to use, reproduce, distribute, and display my likeness, image, voice, and statements captured at the Studio in any medium now known or later developed, without further compensation or notice. If I do not wish to appear in such content, I will notify the Studio in writing prior to each class or session, and the Studio will use commercially reasonable efforts to honor that request.
9. MINORS
If the Participant is under the age of 18, this Agreement must be signed by the Participant’s parent or legal guardian. By signing below as parent or legal guardian, I represent that I have full legal authority to enter into this Agreement on behalf of the minor, I agree to all of its terms personally and on behalf of the minor, and I release and indemnify the Released Parties to the fullest extent permitted by law on the same terms set forth above.
10. GOVERNING LAW; VENUE; DISPUTE RESOLUTION
This Agreement is governed by the laws of the State of California, without regard to conflict-of-laws principles. I agree that any dispute arising out of or relating to this Agreement, the Activities, or my presence at the Studio shall be brought exclusively in the state or federal courts located in Los Angeles County, California, and I consent to the personal jurisdiction of those courts. The prevailing party in any such action shall be entitled to recover its reasonable attorneys’ fees and costs.
11. SEVERABILITY; ENTIRE AGREEMENT; ELECTRONIC SIGNATURE
If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall continue in full force and effect. This Agreement constitutes the entire agreement between me and the Studio regarding its subject matter and supersedes any prior agreements or understandings. I agree that an electronic signature (including via a check-box, click-through, or third-party booking platform such as Mindbody, Mariana Tek, or similar) has the same legal effect as a handwritten signature.
12. EMERGENCY MEDICAL AUTHORIZATION
In the event of injury or medical emergency, I authorize the Studio and its personnel to summon emergency medical services on my behalf and to take any actions they reasonably deem necessary for my safety. I agree to be financially responsible for any medical treatment, transport, or other emergency services rendered to me, and I release the Released Parties from any liability arising out of such actions taken in good faith.
I HAVE CAREFULLY READ THIS AGREEMENT IN ITS ENTIRETY AND FULLY UNDERSTAND ITS CONTENTS AND BINDING LEGAL EFFECT. I ACKNOWLEDGE THAT I HAVE HAD THE OPPORTUNITY TO HAVE THIS AGREEMENT REVIEWED BY AN ATTORNEY OF MY CHOOSING PRIOR TO SIGNING IT. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES FOR NEGLIGENCE. I AM SIGNING THIS
AGREEMENT FREELY, KNOWINGLY, AND VOLUNTARILY.
PARTICIPANT
Printed Name:
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Signature:
Date:
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Email:
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Phone:
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EMERGENCY CONTACT
Name:
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Relationship:
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Phone:
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PARENT OR LEGAL GUARDIAN (required if Participant is under 18)
Printed Name:
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Signature:
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Date:
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