RELEASE OF LIABILITY

This Release of Liability (these “Terms”, this “Waiver”) is between Breathe Pilates  (“Breathe”) a private Pilates studio rooted in movement and bodywork (the “Studio”) and the undersigned (“I” or “Me” interchangeably) as of the date of signature below, regarding my entering of and Use of the Studio, as further defined below.

My “Use” of the Studio means:  the entering of and being physically present in the Studio for any duration of time; using any facilities, or equipment in the Studio for any duration of time.

I represent that I am in good physical condition and have no medical reason or impairment that might prevent me from my intended Use of the Studio and/or my intended participation in any personal training, or instruction. I acknowledge that any training or education provided by Breathe is not a substitute for medical care. I assume full responsibility to make informed medical decisions for my physical condition in partnership with my healthcare provider.   If I have any health or medical concerns now or before such Use in the future, I will discuss them with my doctor and advise Breathe regarding such concerns immediately and fully. I agree that my Use of the Studio is entirely at my own risk. 

I understand and agree that I am personally responsible for my safety and actions during my Use of the Studio. I agree to Use the Studio and its facilities, equipment, and materials in a safe way and in accordance with any instructions. I will comply with all Studio policies, including but not limited to, all policies, guidelines, signage, and instructions related to health and safety.

My Use of the Studio and any of the services or equipment provided at or through the Studio is entirely optional and voluntary. I agree that exercise, Pilates, resistance training, flexibility training, and related exercise and training activities are inherently dangerous activities in which participants and other individuals are under constant risk. I am fully aware of the potential risks of engaging in studio activities (such as Pilates, resistance training, flexibility training, group classes, other exercise and training activities. I ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, DAMAGE, OR PERSONAL INJURY, INCLUDING DEATH, THAT I MAY SUSTAIN, OR ANY LOSS OR DAMAGE OF PROPERTY I OWN, AS A RESULT OF BEING ENGAGED IN SUCH ACTIVITY, WHETHER CAUSED BY THE NEGLIGENCE OF THE STUDIO OR OTHERWISE.

With full awareness and appreciation of the risks involved, and in consideration of permitting Me to Use the Studio, I, for myself and on behalf of my family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby voluntarily forever release, waive, discharge, and covenant to, release from all liability Breathe, its owners, members, independent contractors, employees, instructors, staff, successors, and assigns (collectively, the “Released Parties”) from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by Me, or any of the property belonging to Me, whether caused by the negligence of the Released Parties, or otherwise, while participating in any activity while in, on, or around the Studio or and or while using any Studio facilities, equipment, or materials.

I further agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, and/or liabilities (including attorney fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury, death, property damage, loss of use, monetary loss, or any other injury from or related to my Use of the Studio facilities, equipment, or materials, whether caused by the negligence of the Released Parties or otherwise.

By signing below, I agree that: (1)  I have read this Waiver, understand it, and sign it voluntarily; (2)  I am sufficiently informed about the risks involved in using the Studio; (3) I am at least eighteen (18) years of age and fully competent; and (4) I execute this document for full, adequate, and complete consideration, fully intending to be bound by the same. I agree that this Waiver shall be governed by and construed in accordance with Tennessee law, submit to the exclusive jurisdiction of any court of competent jurisdiction in and for Hamilton County, Tennessee, and agree that a final judgment in any action or proceeding is conclusive and may be enforced by suit or in any other manner provided by law or in equity.