Waiver

As lawful consideration for being permitted by SQULPT Studio Pilates, LLC, (the "Owner") to use or participate in any activity at SQULPT Studio Pilates, LLC (the "Studio") or any other SQULPT STUDIO PILATES, LLC franchise, I, the undersigned, on behalf of myself and all persons and entities claiming by, through or under me, acknowledge the inherent risks involved when using any type of fitness equipment located at the Studio, as well as the training sessions and programs (collectively, the "Programs") offered at or through the Studio (or any other SQULPT STUDIO PILATES, LLC location) and agree to the following:

1. 1.

   I understand that it is my responsibility to consult with a physician prior to and regarding my participation in the Programs. I represent and warrant that I have no medical condition that would prevent my participation in the Program.

2. 2.

   I acknowledge and fully understand that I will be engaging in activities that involve risk of serious injury, which may include permanent disability and even death, and severe social and economic losses which might result not only from my actions, but also from the action, inaction, or negligence of others, the condition of the Studio, or any equipment used, and further that there may be risks not known to me or not reasonably foreseeable. I expressly assume and accept all risks of injury or damage, including but not limited to heart attacks, muscle strains, muscle pulls, muscle tears, broken bones, shin splints, or any other illness or soreness, including death, which may occur in connection with my participation in activities at the Studio or any other SQULPT STUDIO PILATES, LLC location.

3. 3.

   If I participate in any activity at any the Studio or affiliated with SQULPT STUDIO PILATES, LLC while pregnant, I acknowledge that I have read and understand the following information: a. I understand that assessing the risk of intense, strenuous physical activity in pregnancy is difficult and there are risks which may result in harm or even death to me or my unborn child. b. I understand that participating in Programs or using the Studio while pregnant can result in injury to me or to my unborn child, including but not limited to serious bodily injuries to virtually all bones, joints, muscles, and internal organs, cardiac problems, brain damage, illness, damage, or even death as a consequence, and that protective equipment may be inadequate to prevent serious injury. c. In addition, I understand that there are risks to the fetus associated with increased core body temperatures that may occur with exercise, especially in the heat. I understand that my ability to participate in classes at the Studio may also be compromised due to changes in physiologic capacity and musculoskeletal issues unique to pregnancy. d. If I am pregnant, become pregnant or I am post-natal or post-surgical, I verify that I have my physician's approval to participate. I understand that I would not be allowed to participate in Programs if participation were against my physician's orders. e. I understand that there may be additional risks that are unknown and unforeseeable at this time.

4. 4.

   I acknowledge that my participation in Programs includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others and assume full responsibility for my participation.

5. 5.

   I, my heirs and representatives forever release, waive, discharge, and agree not to sue Owner, and/or its respective directors, officers, employees, volunteers and agents, as well as SQULPT STUDIO PILATES, LLC Franchising, LLC or any other SQULPT STUDIO PILATES, LLC franchisee (collectively, the "Releasees"), for any losses, or damages on account of any bodily injury, death or property damage caused or alleged to be caused in whole or in part by Releasees or any other party's actions, inactions, or otherwise. This waiver and release of liability includes, without limitation, all injuries which may occur as a result of: 1) my use of all amenities and equipment in a SQULPT STUDIO PILATES, LLC Studio and my participation in any Program; 2) the sudden and unforeseen malfunctioning of any equipment; pilates or sauna included 3) any instruction, training, supervision, or dietary recommendations; 4) my slipping and/or falling while in the building, or on the premises, including adjacent sidewalks and parking areas; 5) contact with other participants; 6) the effects of the weather, including high heat and/or humidity; and all other such risks being known and appreciated by me. I also to indemnify Releasees from any and all third party claims caused in whole or in part by my actions.

6. 6.

   I consent to emergency medical care and transportation in order to obtain treatment in the event of injury to me as Owner may deem appropriate. This Release extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency.

7. 7.

   I expressly agree that the terms of this release and indemnity contained herein are intended to be as broad and inclusive as is permitted by the laws of the state where the Studio is located. Any provision or portion of this Assumption of Risk, Release and Waiver of Liability and Indemnity Agreement found to be invalid by the courts having jurisdiction over the Studio shall be invalid only with respect to such provision or portion. The offending provision or portion shall be construed to the maximum extent possible to confer upon the parties the benefits intended thereby. Said provision or portion, as well as the remaining provisions or portion hereof, shall be construed and enforced to the same effect as if such offending provision or portion thereof had not been contained herein.

8. 8.

   I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS WAIVER, RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE. I AM AWARE THAT BY AGREEING TO THIS AGREEMENT I AM GIVING UP VALUABLE LEGAL RIGHTS INCLUDING THE RIGHT TO RECOVER DAMAGES FROM THE RELEASEES IN CASE OF ILLNESS, INJURY, DEATH OR PROPERTY LOSS OR DAMAGES, INCLUDING, FOR THE AVOIDANCE OF DOUBT AND WITHOUT LIMITATION, EXPOSURE TO COVID -19 AT ANY LOCATION OR PROGRAM AND ALL ILLNESS, INJURY OR DEATH RESULTING THEREFROM. I UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION FOR ALL CLAIMS AND IS BINDING ON ME, MY HEIRS, FAMILY, ESTATE, REPRESENTATIVES AND ASSIGNS.

Photo/Video Release

I hereby authorize Owner and any other SQULPT STUDIO PILATES, LLC franchise owner to take and publish any photographs or videos taken of me within the studio for use in the Studio and/or by SQULPT STUDIO PILATES, LLC franchise location in connection with print, website, or social media sites as well as other SQULPT STUDIO PILATES, LLC publications. I hereby release and hold harmless Owner and any SQULPT STUDIO PILATES, LLC franchisee from any reasonable expectation of privacy or confidentially associated with the images specified above. I further acknowledge that my participation is voluntary, and I will not receive any financial compensation of any type associated with taking or publications of these photographs or videos. I further agree that publication of said images confers no rights of ownership or royalties whatsoever. I hereby release Owner and/or any SQULPT STUDIO PILATES, LLC Franchisee, its contractors, its employees, and any third parties involved in the creation or publication of marketing materials from liability for any claims by me or any third party in connection with my participation. I have read the above Waiver, Release, and Indemnity Agreement and understand that by signing below, I have given up substantial rights.