RELEASE AND WAIVER OF LIABILITY,
ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT
In consideration of being permitted to enter upon, participate in and use the facilities, equipment, services in person or online, and activities of or offered by LarissaPilates, and its agents, owners, employees, partners, independent contractors, volunteers, and all other persons acting in any capacity on their behalf (collectively, the “LarissaPilates Parties”), I, on behalf of myself, my guests, children, heirs, executors, administrators, successors and assigns, hereby:
Acknowledge, understand and appreciate that entry upon and use of the facilities, equipment, services in person or online and activities of or offered by LarissaPilates entails significant risk, both known and unknown, including, without limitation, physical or emotional injury, paralysis, death, other serious or catastrophic personal injuries and loss or damage to personal property.
Expressly agree and promise to accept and assume all of the risks, both known or unknown, existing with my entry upon, participation in and use of the facilities, equipment, services in person or online and activities of or offered by LarissaPilates, whether such risks are caused or alleged to be caused by the negligent acts or omissions of LarissaPilates. I hereby confirm that I am voluntarily entering upon, participating in and using the facilities, equipment, services and activities of or offered by LarissaPilates, and that I am electing to take such voluntary actions in spite of the risks. I acknowledge and agree that I am solely responsible for my safety and responsible entry upon, participation in and use of the facilities, equipment, services in person or online and activities of or offered by LarissaPilates, whether or not supervised by LarissaPilates.
Voluntarily release, forever discharge, and agree to indemnify, defend and hold harmless, each of LarissaPilates from any and all claims, demands, causes of action or liability for loss, damage, injuries or death I may suffer or cause another to suffer in connection with my entry upon, participation in or use of the facilities, equipment, services in person or online or activities of or offered by LarissaPilates, whether the same arises out of or results from any act, omission or conduct of any of LarissaPilates, negligent or otherwise.
Acknowledge that I have carefully read this Agreement and am aware that it contains a waiver and release of liability and that I am giving up substantial rights, including my right to sue OR HOLD LARISSAPILATES RESPONSIBLE FOR ANY INJURY WHICH I MAY SUFFER. I am signing this Agreement of my own free will and intend for my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.
Expressly waive my right to all remedies in court, including any right to a jury trial, and agree to resolve any and all claims, causes of action, disputes and controversies arising out of or relating to my entry upon, participation in or use of the facilities, equipment, services in person or online or activities of or offered by LarissaPilates by final and binding arbitration using the American Arbitration Association’s Commercial Arbitration Rules. This includes, but is not limited to, claims related to fee disputes, personal injury, property damage and any other claim which may be asserted under the law of contract and/or law of tort and/or asserting a public policy or Constitutional claim. The laws of the State of California shall govern the dispute. If any part of this Agreement is held to be invalid, the remainder shall continue in full legal force and effect.