Waiver of Liability

United States of America
Australia & Other Regions

For students located in the United States of America

In consideration of being allowed to participate in the Pilates classes, practical exercise components and other services provided in connection with instruction (collectively, the “Pilates”) undertaken while under the instruction of Breathe Education USA L.L.C. & our Master Trainers (“Instructor”), the undersigned (“I” or “Class Participant”) acknowledges, and agrees to the following terms:

  1. Acknowledgment of Risks: I acknowledge and agree that the Pilates is a recreational sport activity and may involve strenuous physical activity including, but not limited to, muscle strength and endurance training, cardiovascular conditioning and training and other various fitness activities. There are significant elements of risk in Pilates, as well as in any sports or exercise associated with the indoor or outdoor use of equipment incidental thereto. I acknowledge that the following describes some, BUT NOT ALL, of those risks: risks of personal injury, accidents and/or illness, including but not limited to sprains, torn muscles and/or ligaments, fractured or broken bones, eye damage, cuts, wounds, scrapes, abrasions and/or contusions, dehydration, oxygen shortage (anoxia), and/or exposure, head, neck, and/or spine injuries, allergic reaction, shock, paralysis or death. I understand the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death.
  2. Express Assumption of Risk and Responsibility: I agree to assume responsibility for the risks identified herein and those risks not specifically identified. My participation in these Pilates is purely voluntary. No one is forcing me to participate. I elect to participate in spite of the risks.
  3. Representations
    1. 3.1.  Prior to undertaking the Pilates, including engaging in any of the practical exercise components conducted by the Instructor, I affirm that I am in good physical condition and able to participate in exercise activities safely
    2. 3.2.  I have disclosed or will disclose to the Instructor prior to the class commencing, any pre- existing conditions that may place me at a higher risk of injury or inhibit my ability to participate in Pilates, including but not limited to injuries, pain or recent surgery, respiratory or heart conditions, or high blood pressure.
    3. 3.3.  I verify that I am not pregnant, and I have not recently given birth; or, in the event that I am pregnant or have recently given birth, I have obtained and provided the Instructor with written permission by a Medical Practitioner to undertake exercise and disclosed this permission to the Instructor. A “Medical Practitioner” means a person legally qualified in medicine who is currently registered or licensed with the medical board of the country in which they practice medicine as a general practitioner (doctor), physician, surgeon or specialist.
    4. 3.4.  I am not, and while participating in the Pilates will not be, under the influence of alcohol or drugs unless any such drugs are prescribed by a Medical Practitioner and taken in accordance with that practitioner’s advice.
    5. 3.5.  I will notify the Instructor if I experience any pain throughout any part of the Pilates and will immediately stop participating in the Pilates if requested by the Instructor to do so.
    6. 3.6.  I will notify the Instructor if I experience any pain throughout the Pilates and will immediately stop participating in the Pilates if requested by the Instructor to do so.
    7. 3.7.  I acknowledge that recommendations or instruction provided by the Instructor may not be tailored for my particular skill or ability level and it is my responsibility to assess whether I am able or want to participate in all or part of a Pilates exercise or class.
    8. 3.8.  I am solely responsible for ensuring that my physical environment is suitable for engaging in the Pilates.
    9. 3.9.  I have not entered into a relationship Breathe Education USA L.L.C. (“Breathe”), and Breathe has made no representations or warranties to me with respect to the Pilates or any other matter.
  4. Release: In consideration of services or property provided, I, on behalf of myself, heirs, assigns, personal representatives and next of kin, HEREBY VOLUNTARILY RELEASE, DISCHARGE, WAIVE AND HOLD HARMLESS Instructor and Breathe, including their officers, officials, agents, employees, volunteers, and insurers (collectively “RELEASEES”), WITH RESPECT TO ANY AND ALL INJURY, ILLNESS, DISABILITY, DEATH, or loss or damage to person or property in connection with the Pilates, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
  5. Indemnification: I acknowledge that the Instructor has not given any warranties or indemnities relating to the Pilates, other than standard warranties and indemnities imposed by law. By signing below, I agree to defend, indemnify and hold RELEASEES harmless from and against all claims, damages, liabilities, losses, expenses and costs (including reasonable fees and expenses of attorneys and other professionals) arising out of or resulting from any action by a third party against Breathe that is based on any act or omission by me and that results in: (i) personal injury (or death) or tangible or intangible property damage (including loss of use); or (ii) the violation of any statute, ordinance, or regulation.
  6. Authorization: Unless I notify the Instructor in writing otherwise, I hereby grant Instructor the irrevocable right and permission to use photographs and/or video recordings of me for quality assurance on websites, publications, promotional flyers, educational materials, derivative works, or for any other similar purpose without compensation to me. I understand and agree that such photographs and/or video recordings of me may be placed on the Internet. I waive the right to approve the final product. I agree that all such portraits, pictures, photographs, video and audio recordings, and any reproductions thereof, and all plates, negatives, recording tape and digital files are and shall remain the property of the Instructor.
I hereby warrant that I a am not a Minor (as that term is defined in the Terms and Conditions of Service) and competent to contract in my own name and acknowledge that I have read this Assumption of Risk/Waiver of Liability/Indemnification Agreement and fully understand its terms.

For students located in Australia and other International locations

In consideration of being allowed to participate in the Pilates classes, practical exercise components and other elements of the Services (collectively, the (“Pilates”) operated by Breathe Education Pty Ltd (ABN 30 154 699 019) (“Breathe”) undertaken while under the instruction of one or more instructors designated by Breathe (“Instructor”), the undersigned (“I” or “Student”) acknowledges, and agrees to the following terms:

  1. Acknowledgment of Risks: I acknowledge and agree that the Pilates is a recreational sport activity and may involve strenuous physical activity including, but not limited to, muscle strength and endurance training, cardiovascular conditioning and training and other various fitness activities. There are significant elements of risk in Pilates, as well as in any sports or exercise associated with the indoor or outdoor use of equipment incidental thereto. I acknowledge that the following describes some, BUT NOT ALL, of those risks: risks of personal injury, accidents and/or illness, including but not limited to sprains, torn muscles and/or ligaments, fractured or broken bones, eye damage, cuts, wounds, scrapes, abrasions and/or contusions, dehydration, oxygen shortage (anoxia), and/or exposure, head, neck, and/or spine injuries, allergic reaction, shock, paralysis or death. I understand the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death.
  2. Express Assumption of Risk and Responsibility: I agree to assume responsibility for the risks identified herein and those risks not specifically identified. My participation in these Pilates is purely voluntary. No one is forcing me to participate. I elect to participate in spite of the risks.
  3. Representations
    1. 3.1. Prior to undertaking the Pilates, including engaging in any of the practical exercise components conducted by the Instructor, and each time that I undertake any Pilates, I affirm that I am in good physical condition and able to participate in exercise activities safely
    2. 3.2. I have disclosed or will disclose to Breathe prior to the class commencing, any pre-existing conditions that may place me at a higher risk of injury or inhibit my ability to participate in Pilates, including but not limited to injuries, pain or recent surgery, respiratory or heart conditions, or high blood pressure.
    3. 3.3. I verify that I am not pregnant, and I have not recently given birth; or, in the event that I am pregnant or have recently given birth, I have obtained and provided Breathe with written permission by a Medical Practitioner to undertake exercise and disclosed this permission to the Instructor. A “Medical Practitioner” means a person legally qualified in medicine who is currently registered or licensed with the medical board of the country in which they practice medicine as a general practitioner (doctor), physician, surgeon or specialist.
    4. 3.4. I am not, and while participating in the Pilates will not be, under the influence of alcohol or drugs unless any such drugs are prescribed by a Medical Practitioner and taken in accordance with that practitioner’s advice.
    5. 3.5. I will notify Breathe if I experience any pain throughout any part of the Pilates and will immediately stop participating in the Pilates if requested by the Instructor to do so.
    6. 3.6. I will immediately notify the Instructor if I experience any pain throughout the Pilates and will immediately stop participating in the Pilates if requested by the Instructor to do so.
    7. 3.7. I acknowledge that recommendations or instruction provided by Breathe may not be tailored for my particular skill or ability level and it is my responsibility to assess whether I am able or want to participate in all or part of a Pilates exercise or class.
    8. 3.8. I am solely responsible for ensuring that my physical environment is suitable for engaging in the Pilates.
    9. 3.9. I have not entered into a relationship Breathe Education USA L.L.C. (“Breathe”), and Breathe
      has made no representations or warranties to me with respect to the Pilates or any other
      matter.
  4. Release: In consideration of services or property provided, I, on behalf of myself, heirs, assigns, personal representatives and next of kin, HEREBY VOLUNTARILY RELEASE, DISCHARGE, WAIVE AND HOLD HARMLESS Breathe, including their officers, officials, agents, Instructor, employees, volunteers, and insurers (collectively “RELEASEES”), WITH RESPECT TO ANY AND ALL INJURY, ILLNESS, DISABILITY, DEATH, or loss or damage to person or property in connection with the Pilates, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
  5. Indemnification: Except for the warranties contained under Breathe’s Terms of Service, Breathe has not given any warranties or indemnities relating to the Pilates provided by Breathe, other than standard warranties and indemnities imposed by law. By signing below, I agree to defend, indemnify and hold RELEASEES harmless from and against all claims, damages, liabilities, losses, expenses and costs (including reasonable fees and expenses of attorneys and other professionals) arising out of or resulting from any action by a third party against Breathe that is based on any act or omission by me and that results in: (i) personal injury (or death) or tangible or intangible property damage (including loss of use); or (ii) the violation of any statute, ordinance, or regulation.
  6. Authorization: Unless I notify the Breathe in writing otherwise, I hereby grant Breathe the irrevocable right and permission to use photographs and/or video recordings of me for quality assurance on websites, publications, promotional flyers, educational materials, derivative works, or for any other similar purpose without compensation to me. I understand and agree that such photographs and/or video recordings of me may be placed on the Internet. I waive the right to approve the final product. I agree that all such portraits, pictures, photographs, video and audio recordings, and any reproductions thereof, and all plates, negatives, recording tape and digital files are and shall remain the property of Breathe.

I hereby warrant that I am eighteen (18) years old or more and competent to contract in my own name and acknowledge that I have read this Assumption of Risk/Waiver of Liability/Indemnification Agreement and fully understand its terms.