In Consideration of the risk and injury while participating in Pilates(“the activity”), and as consideration for the right to participate in the activity, I hereby, for myself, my heirs, executers, administrators, assigns or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes action of any kind whatsoever arising out of my participation in the activity, and do hereby release and forever discharge Ultimate Serenity by Lisa Wolkerstorfer, Ultimateserenitymassage.com their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned activity, including traveling to and from an event related to this Activity.
I am voluntarily participating in the aforementioned Activity (classes) and I am participating the Activity entirely at my own risk. I am aware the risks associated with traveling to and from as well as participating in this Activity, with may include, but not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and death. I understand that these injuries or outcomes may arise from my own or other’s negligence, conditions related to travel, or the activity location(s). Nonetheless, I assume all elated risks, both known or unknown me, of my participation in this Activity, including travel to, from and during this activity.
I agree to indemnify and hold harmless Ultimate Serenity by Lisa Wolkerstorfer against any and all claims, suits or actions any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Ultimate Serenity by Lisa Wolkerstorfer incurs any of these types of expenses, I agree to reimburse Ultimate Serenity by Lisa Wolkerstorfer.
I acknowledge that Ultimate Serenity by Lisa Wolkerstorfer and their directors, officers, volunteers, representatives, and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activation behalf of Ultimate Serenity by Lisa Wolkerstorfer.
I acknowledge that this Activity may involve a test of a person’s physical and mental limits and may carry with it the potential for death, serious injury, and property loss. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, volunteers, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event.
I acknowledge that I have carefully read this “waiver and release” and fully understand that it is a release of liability. I expressly agree to release and discharge Ultimate Serenity by Lisa Wolkerstorfer of all of its affiliates, managers, members, agents, attorneys, staff, volunteer, heirs, representatives, predecessors, successors and assigns, from any and all claims or causes of action against Ultimate Serenity by Lisa Wolkerstorfer for personal injury or property damage.
To the extent that statute or case law does not prohibit releases for negligence, this releases also for negligence on the part of Ultimate Serenity by Lisa Wolkerstorfer, its agents, and employees.
In the event that I should require medical career treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I’m aware and understand that I carry my own health insurance.
This agreement was entered into arm’s- length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the participant, and Ultimate Serenity by Lisa Wolkerstorfer agree that this agreement is clear and unambiguous as to terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event any provisions contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase, or portion of this agreement shall be determined to be unlawful or unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed, and enforced as so limited.
I, the undersigned participant, affirm that I am the age of 18 years or older, and that I am freely agreeing this waiver. I certify that I have read this agreement, that I understand its content and this release cannot be modified orally. I am aware that this is a release of liability and a contract and that I am agreeing to this of my own free will.