RELEASE AND INDEMNITY AGREEMENT
THIS RELEASE AND INDEMNITY AGREEMENT (“Release”) is made by the undersigned adult (the “Participant”), to release and indemnify Poise Pilates+Barre LLC (“Poise Pilates+Barre”), a California limited liability company, its parents, subsidiaries, and affiliates, and all of their respective members, employees, heirs, successors, agents, contractors, and assigns (collectively the “Released Parties”)
Participant, or the parent or legal guardian of the Participant if under the age of eighteen (18) years old, on Participant’s own behalf and on behalf of the other members of the Participant’s family, including Participant’s spouse, parents, children, heirs, and assigns, (singularly and collectively referred to as “Releasing Parties”) hereby grants to Poise Pilates+Barre this full release and indemnification as consideration in exchange for permitting Participant to participate in this exercise program.
Participant is voluntarily participating in the activity with full knowledge, understanding, and appreciation of the risks inherent in any physical exercise and expressly assumes all risks of injury and even death which could occur by reason of participant’s participation.
Participant, including the Releasing Parties, hereby releases the Released Parties from any liability and agrees not to sue the Released Parties with respect to any cause of action for bodily injury, property damage, or death arising out of any of the activities or programs herein or in the use of any equipment at this or any other premises of the Released Parties.
Participant hereby assumes full responsibility for risks of bodily injury, property damage, or death to Participant due to the ordinary negligence or gross negligence of the Released Parties and the ordinary negligence, gross negligence, or willful misconduct of any third party including others participating in the exercise program.
Participant, including the Releasing Parties, agrees to indemnify, defend, and hold harmless, at Participant’s sole cost, the Released Parties from any and all claims arising out of Participant’s participation in the exercise program, without limitation, attorneys’ fees and expenses incurred by the Released Parties.
All personal property brought to the studio is brought at the sole risk of the Participant as to its theft, damage, or loss. The Released Parties are not responsible for any personal items left by Participant in this facility.
Participant hereby agrees to permit Poise Pilates+Barre to use without compensation images of Participant as a program participant in internal and external promotional material. This includes any printed material, broadcast and print advertising, promotional videos, and websites which are produced or published by Poise Pilates+Barre. All such materials are the property of Poise Pilates+Barre.
Participant expressly agrees that the terms of the release and indemnity contained herein are intended to be as broad and inclusive as is permitted by the laws of California. Any provision of this Release found to be invalid by the courts having jurisdiction shall be invalid only with respect to such provision or portion and the remainder shall be enforced to the greatest extent possible.
PARTICIPANT CERTIFIES THAT HE/SHE IS AT LEAST 18 YEARS OF AGE, OR IF HE/SHE IS UNDER 18 YEARS OF AGE, THE PARTICIPANT’S PARENT OR LEGAL GUARDIAN CERTIFIES, THAT HE/SHE HAS READ AND VOLUNTARILY SIGNS THIS RELASE AND INDEMNITY AGREEMENT.