READ CAREFULLY – THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS
In consideration of being permitted to enter the premises of and/or participate in any activities offered or hosted by In Motion Dance & Pilates, LLC, I agree to the following Waiver and Release of Liability Agreement (the “Agreement”). This includes participation in any class, training, workshop, rehearsal, private or group session, performance, demonstration, or related activity—whether in-person (on-site, off-site, or outdoors) or virtual (e.g., via Zoom or other platforms)—and includes, without limitation, activities such as dance, Pilates, yoga, acrobatics, gymnastics, acro, plyometric or bodyweight exercises, stretching, and other fitness or wellness programming (collectively, the “Activities”).
Assumption of Risk
I understand and acknowledge that the Activities involve inherent risks, hazards, and dangers that can result in serious injury, illness, emotional distress, property damage, or death. These risks include, but are not limited to:
Slips, trips, or falls;
Impact or strain injuries (e.g., from grappling, stretching, jumping, or other movements);
Allergic or adverse reactions (e.g., to cleaning agents or environmental factors);
Equipment failure or misuse;
Aggravation of pre-existing medical conditions;
Miscarriage or pregnancy complications;
Negligent maintenance, instruction, supervision, or hiring;
Illness or infection (including from communicable diseases);
Actions or inactions of other participants, instructors, or staff.
I expressly and voluntarily assume all such risks, known and unknown, whether or not described in this Agreement and assume responsibility for my participation.
I acknowledge that the Company is not responsible for the loss, theft, or damage of any personal property brought onto the premises, whether in the studio, parking areas, or surrounding locations.
I acknowledge the contagious nature of communicable diseases, including but not limited to COVID-19, influenza, RSV, and other viruses. I voluntarily assume the risk of exposure and agree that the Released Parties are not liable for any resulting illness.
Physical Condition & Responsibility
I represent that I am in good physical health and have no medical condition that would prevent me from safely participating in the Activities. I acknowledge it is my responsibility to consult with a physician prior to engaging in the Activities and to inform the Company, in writing, of any relevant medical concerns. I accept full responsibility for monitoring my physical and emotional condition during participation and agree to stop and seek assistance if needed. I authorize In Motion Dance & Pilates, LLC to obtain emergency medical care for me (or my Minor) if deemed necessary, and I agree to be financially responsible for any costs incurred. I release the Released Parties from any liability arising from the provision, delay, or failure to provide such care.
Release & Waiver of Liability
To the fullest extent permitted by law, I, on behalf of myself and my heirs, assigns, personal representatives, and next of kin, release, waive, discharge, and hold harmless the In Motion Dance & Pilates, LLC, its owners, employees, instructors, contractors, affiliates, agents, volunteers, successors, and assigns (the “Released Parties”) from any and all claims, demands, actions, causes of action, damages, costs, or expenses (including attorneys’ fees), whether arising out of negligence or otherwise, which I may have or may accrue to me arising from or related to the Activities, my use of the Company’s facilities, or presence on its premises.
This release includes, but is not limited to, claims for personal injury, wrongful death, property damage, emotional distress, or loss of personal property, whether caused by the negligence of the Released Parties or otherwise.
I understand that some instructors or service providers may be independent contractors rather than employees, and I agree that the release and indemnification provisions in this Agreement apply equally to their conduct.
Indemnification
I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ fees and costs) arising out of or relating to my participation in the Activities, use of the facilities, or breach of this Agreement. If I (or anyone on my behalf) files a claim against the Released Parties, I will be responsible for all resulting costs, including legal defense and any resulting judgment or settlement.
Media Release
I consent to the use of my image, likeness, voice, or appearance as captured in any photograph, video, or audio recording taken during the Activities for marketing, promotional, or educational purposes by the Company, without compensation or additional consent.
Limitations on Claims
I understand that the Company has sole discretion to deny or discontinue my participation in any Activity. Except for a refund of fees paid for that specific session, I waive any right to bring claims arising from such decisions.
I understand that the Company does not provide medical, therapeutic, or dietary advice, and that any wellness or health-related guidance is not a substitute for professional care. No warranty or guarantee is made as to the safety, results, or suitability of the Activities.
Studio Policies Compliance Clause
I agree to comply with all studio rules, safety guidelines, and staff instructions. The Company reserves the right to deny participation or remove any individual who fails to comply, without refund.
Minor Participants
If I am signing this Agreement on behalf of a minor child (“Minor”), I affirm that I have legal authority to do so and agree that all terms of this Agreement apply equally to the Minor. I further agree to indemnify and hold harmless the Released Parties from any claims made by or on behalf of the Minor.
Governing Law & Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the state in which the Activities take place, without regard to conflict of laws principles. Any dispute arising from this Agreement or the Activities shall be brought exclusively in a court of competent jurisdiction in that state. The parties waive any objection based on venue or forum non convenient.
Severability & Entire Agreement
If any provision of this Agreement is found to be invalid or unenforceable, that provision shall be modified or severed to the minimum extent necessary, and the remainder shall remain in full force and effect. This Agreement represents the entire understanding between the parties and supersedes all prior representations. It may not be modified except in writing signed by both parties.
Payment & Refund Disclaimer Agreement
All payments for classes, memberships, workshops, or other services are subject to the Company’s posted refund and cancellation policies.
I HAVE READ THIS RELEASE OF LIABILITY ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVE UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
