PILATES CLUB LLC
RELEASE AND INDEMNITY AGREEMENT
This Release and Indemnity Agreement, which shall include the Addendum, (“Release” or “Agreement”) is made by the undersigned adult (the “Participant”), to release and indemnify SWEAT CLUB as set forth below. The term “SWEAT CLUB” means PILATES CLUB LLC., an Oregon corporation, and all of its subsidiaries, including but not limited to PILATES CLUB LLC., an Oregon corporation, the successors, assignees, employees, officers, directors, agents, contractors and shareholders of SWEAT CLUB and its subsidiaries, and all persons, corporations, partnerships and other entities with which PILATES CLUB LLC and its subsidiaries are or may in the future become affiliated (collectively, “SWEAT CLUB”).
Participant, 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 “Participant”) hereby grants to SWEAT CLUB this full release and indemnification as consideration in exchange for permitting Participant to participate in SWEAT CLUB exercise classes.
Participant is voluntarily participating in SWEAT CLUB exercise classes 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 releases SWEAT CLUB from any liability and agrees not to sue SWEAT CLUB with respect to any cause of action for bodily injury or contracting an infectious disease, property damage, or death occurring to Participant as a result of participating in SWEAT CLUB exercise classes.
Participant hereby assumes full responsibility for risks of bodily injury or contracting an infectious disease, property damage or death to Participant due to the ordinary negligence or gross negligence of SWEAT CLUB and the ordinary negligence, gross negligence, or willful misconduct of any third party including others participating in SWEAT CLUB exercise classes.
Participant agrees to indemnify, defend, and hold harmless, SWEAT CLUB, at Participant’s sole cost from any and all claims arising out of Participant’s participation in SWEAT CLUB exercise classes.
Participant expressly agrees that the terms of release and the indemnity contained herein are intended to be as broad and inclusive as is permitted by the laws of Oregon. 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.
RELEASE OF LIABILITY
In exchange for participation in the activity of SWEAT CLUB Fitness Classes or a Private Training Session, organized by SWEAT CLUB, currently online, the Participant agrees for their self and (if applicable) for the members of their family under the age of 18, to the following:
1. AGREEMENT TO FOLLOW DIRECTIONS. Participant agrees to observe and obey all posted rules and warnings, and further agrees to follow any oral instructions or directions given by SWEAT CLUB, or the employees, representatives or agents of SWEAT CLUB.
2. ASSUMPTION OF THE RISKS AND RELEASE. Participant recognizes there are certain inherent risks associated with the above described activities and assumes full responsibility for personal injury to Participant and (if applicable) Participant’s family members, and further releases and discharges SWEAT CLUB for injury, loss or damage arising out of Participant’s or Participant’s family’s use of or presence upon the facilities of SWEAT CLUB, whether caused by the fault of Participant, Participant’s family, SWEAT CLUB or other third parties.
3. INDEMNIFICATION. Participant agrees to indemnify and defend SWEAT CLUB against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from Participant’s or Participant’s family’s use of or presence upon the facilities of SWEAT CLUB.
4. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Oregon law.
5. NO DURESS. Participant agrees and acknowledges that they are under no pressure or duress to sign this Agreement and that Participant has been given a reasonable opportunity to review it before signing. Participant further agrees and acknowledges that they are free to have their own legal counsel review this Agreement if I so desired. Participant further agrees and acknowledges SWEAT CLUB has offered to refund any fees Participant has paid to use its facilities if Participant chooses not to sign this Agreement.
6. ARM’S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arms’ length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
7. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
8. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure. Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator’s award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
9. PURCHASES + CANCELS. All purchases are final. Cancel your membership anytime.
PARTICIPANT HAS READ THIS DOCUMENT AND UNDERSTANDS IT. PARTICIPANT FURTHER UNDERSTANDS THAT BY SIGNING THIS RELEASE, PARTICIPANT VOLUNTARILY SURRENDERS CERTAIN LEGAL RIGHTS.