ToddPilates Fitness LLC / ToddPilates Fitness No. 2, Inc.

Agreement of Informed Consent, Release & Waiver of Liability, and Transfer of Image Rights

 

Pilates, barre, yoga and all other fitness classes and workshops located at ToddPilates Fitness Studio and/or offered by ToddPilates Fitness Studio via webcast, broadcast, video-on-demand or other electronic methods (collectively, “Fitness Classes”) provide a total body workout involving strenuous physical exertion and activity, including but not limited to core strengthening, muscle stretching and strengthening, and cardiovascular conditioning.

In consideration for my participation in the Fitness Classes, I understand, acknowledge and hereby agree to the following:

  1. I am at least 18 years old and legally authorized to sign this Agreement of Informed Consent, Release & Waiver of Liability, and Transfer of Image Rights (the “Agreement”) on my own behalf. If I am under 18 years old, I will have my parent or guardian also read and sign this Agreement (either on hard copy or online at www.toddpilates.com/release-waiver-imagerights) prior to my participation in any Fitness Class.

  2. My participation in the Fitness Classes is completely voluntary. I assume full and sole responsibility for my health and safety and for all risks associated with my participation in the Fitness Classes.

  3. Depending on my physical condition, Fitness Classes may be hazardous to my health, and I am fully aware of the potential dangers and risks, including but not limited to physical illness or injury, death and other consequences that may arise or result directly or indirectly from participation in the Fitness Classes. It is my sole responsibility to participate in exercises that are appropriate for the current status of my health. I represent and warrant that I am in good physical condition and do not suffer from any impairment, disability, disease, or other physiological or psychological medical condition that could prevent or limit my participation in the Fitness Classes. I have been advised that a physician’s examination and approval should be obtained by anyone prior to commencing a fitness and/or exercise program, or otherwise initiating a substantial change in the amount of regular physical activity performed, and if I have chosen not to obtain a physician’s consent prior to participating in the Fitness Classes, I am doing so solely at my own risk. I am fully aware that even with a physician’s examination and approval, any physical activity should be done in moderation and never should be performed to the point of fatigue or pain. I am solely and fully responsible for monitoring my own condition throughout my participation in the Fitness Classes; if I begin to experience fatigue and/or pain, I immediately will cease all physical activity and seek proper medical attention, or, at my sole discretion and risk, I will reduce and/or adjust my level of activity during the Fitness Class.

  4. TO THE FULLEST EXTENT PERMITTED BY LAW, AND ON BEHALF OF MYSELF AND MY HEIRS, DEPENDENTS, SPOUSE/PARTNER OR OTHER NEXT OF KIN, REPRESENTATIVES, EXECUTORS, SUCCESSORS AND ASSIGNS, I HEREBY KNOWINGLY, VOLUNTARILY, EXPRESSLY, FULLY AND FOREVER WAIVE, RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS (A) TODDPILATES FITNESS LLC, TODDPILATES FITNESS NO. 2, INC., AND THEIR RESPECTIVE PRINCIPALS, AGENTS, INSTRUCTORS, CONTRACT AND FULL-TIME EMPLOYEES, REPRESENTATIVES, VOLUNTEERS, ADVISORS, SUBCONTRACTORS, SUCCESSORS, ASSIGNS AND ALL OTHER PERSONS OR ENTITIES WHO HAVE ACTED, ACT OR WILL ACT ON BEHALF OF TODDPILATES FITNESS LLC AND/OR TODDPILATES FITNESS NO. 2, INC. (SUCH PARTIES HEREINAFTER REFERRED TO AS “TODDPILATES”), (B) THE APPLICABLE PROPERTY OWNERS, AND (C) OTHER FITNESS CLASS PARTICIPANTS – COLLECTIVELY HEREINAFTER REFERRED TO AS THE “RELEASED PARTIES” – FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, DEMANDS, ACTIONS, CAUSES OR RIGHTS OF ACTION, AND COSTS AND EXPENSES, INCLUDING WITHOUT LIMITATION COURT COSTS AND ATTORNEYS’ FEES, (COLLECTIVELY, “CLAIMS”) – WHETHER KNOWN, UNKNOWN, ANTICIPATED OR UNANTICIPATED – DIRECTLY OR INDIRECTLY ARISING OUT OF, RELATING TO OR RESULTING IN WHOLE OR IN PART FROM MY PARTICIPATION IN THE FITNESS CLASSES, INCLUDING BUT NOT LIMITED TO ANY CLAIMS OF PHYSICAL OR PSYCHOLOGICAL ILLNESS OR INJURY, BODILY HARM, MEDICAL EXPENSES, COSTS OF MEDICAL EMERGENCY CARE AND/OR TRANSPORT, DEATH, DAMAGE TO REAL OR PERSONAL PROPERTY, AND LOSS OR THEFT OF PERSONAL PROPERTY, REGARDLESS OF WHETHER SUCH CLAIMS ARISE IN WHOLE OR IN PART FROM THE ACTS, OMISSIONS OR NEGLIGENCE OF THE RELEASED PARTIES.

  5. From time to time Fitness Class instructors may physically adjust students’ form and posture. If at any time I do not want such physical adjustments, or if a particular adjustment is causing pain or other discomfort, is my sole responsibility to inform the instructors to refrain from or cease physical contact.

  6. ToddPilates Fitness Studio is open to the general public, the Fitness Classes are provided for everyone’s benefit and enjoyment, and any disruptions could impede other class members’ participation and safety. At the sole discretion and request of ToddPilates Fitness Studio staff or the property owners, I will leave the premises immediately and peacefully. Further, ToddPilates Fitness Studio staff may terminate my participation in the Fitness Classes at any time in their sole discretion.

  7. ToddPilates may (i) photograph and/or record, in whole or in part, any Fitness Class and/or other activity at, near or sponsored by ToddPilates Fitness Studio, (ii) stream live or release any or all recordings publicly via webcast, broadcast, video-on-demand or other electronic methods, in whole or in part, and/or (iii) use any photographs or portions of recordings in any format (including but not limited to physical prints, digital images, and sound and video clips) in connection with any publicity, marketing, image-building, advertising and similar purposes that now or in the future are prepared and/or used by ToddPilates in all present and future forms of media. I understand and consent that any such photographs and recordings in any format may include reproductions of my physical likeness, audio and visual recordings of my words and actions, and/or reproductions of the physical likeness and/or audio-visual recordings of any minor child I may bring into ToddPilates Fitness Studio (whether or not such minor child is enrolled for babysitting services in the Children’s Clubhouse) (collectively, the “Images”). Accordingly, I hereby agree that any and all Images are solely and exclusively the property of ToddPilates, and all rights, title and interest shall vest therein, and I completely and exclusively assign, transfer and convey any and all rights, title and interest in and to any Images, including but not limited to all copyrights and moral rights, to ToddPilates. If under applicable law I cannot fully transfer my ownership interest as described above, then to the maximum extent permitted by law, I hereby grant to ToddPilates an unlimited, perpetual, irrevocable, exclusive, worldwide, royalty-free license to use, execute, produce, display, perform, modify, copy, and publicly distribute copies of the Images in all formats contemplated now or in the future, including the right to authorize others to do any, some, or all of the foregoing. TO THE FULLEST EXTENT PERMITTED BY LAW, AND ON BEHALF OF MYSELF AND MY HEIRS, DEPENDENTS, SPOUSE/PARTNER OR OTHER NEXT OF KIN, REPRESENTATIVES, EXECUTORS, SUCCESSORS AND ASSIGNS, I HEREBY KNOWINGLY AND VOLUNTARILY AGREE – AND REPRESENT THAT I AM AUTHORIZED TO AGREE ON BEHALF OF ANY MINOR CHILD ACCOMPANYING ME AND HIS OR HER OTHER PARENT(S) OR GUARDIAN(S) – TO EXPRESSLY, FULLY AND FOREVER WAIVE, RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS TODDPILATES FROM AND AGAINST ANY AND ALL CLAIMS DIRECTLY OR INDIRECTLY ARISING OUT OF, RELATING TO OR RESULTING IN WHOLE OR IN PART FROM TODDPILATES’ CAPTURE AND USE OF THE IMAGES.

  8. I have read, understand and agree to adhere to any and all policies and procedures posted in ToddPilates Fitness Studio and on www.toddpilates.com or otherwise made available to me, and I will read and adhere to any updates to such policies and procedures.

  9. If I want to participate in babysitting services offered by ToddPilates during certain Fitness Classes, I will first complete and sign the “Enrollment Form, Policies and Liability Waiver for Babysitting Services during Fitness Classes” and any other required forms and agreements, which are available at the studio and online at http://www.toddpilates.com/babysitting-services.

 

Except as otherwise specifically set forth herein, this Agreement constitutes the entire and complete agreement regarding release/waiver of liability and transfer of Image rights in relation to my participation in the Fitness Classes, and supersedes all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter hereof. This Agreement shall be governed by the laws of the State of Texas. To the extent any provision of this Agreement is held unlawful, void or for any reason unenforceable by a court of competent jurisdiction, such provision shall be deemed severable from this document and shall not affect the validity and enforceability of the remaining provisions.

I HAVE CAREFULLY READ THIS AGREEMENT IN ITS ENTIRETY WITH A FULL, DEFINITE AND CLEAR UNDERSTANDING. I AM AWARE THAT THIS AGREEMENT FULLY AND FOREVER RELEASES AND DISCHARGES THE RELEASED PARTIES FROM ALL LIABILITY FOR INJURY, DEATH AND OTHER DAMAGES ARISING OUT OF OR CONNECTED TO MY PARTICIPATION IN THE FITNESS CLASSES. I AM SIGNING THIS AGREEMENT FREELY AND VOLUNTARILY, WITHOUT INDUCEMENT, AND NOT UNDER ANY PHYSICAL OR EMOTIONAL DURESS.

PARTICIPANT’S PRINTED NAME    SIGNATURE    DATE

 

THIS AGREEMENT IS DEEMED TO HAVE BEEN READ, UNDERSTOOD, AND SIGNED BY EVERY INDIVIDUAL WHO REGISTERS ONLINE AT www.toddpilates.com OR SIGNS THE SIGN-IN SHEET AT TODDPILATES FITNESS STUDIO.

FOR PARENTS/GUARDIANS OF FITNESS CLASS PARTICPANTS UNDER 18 YEARS OLD:

I hereby (i) certify that I am a parent or guardian with legal responsibility for the individual identified above, (ii) consent that the individual identified above may participate in the Fitness Classes, and (iii) agree to be bound by all the terms and conditions in this Agreement on behalf of the individual identified above, myself and my heirs, dependents, spouse/partner or other next of kin, other parent(s) or guardian(s), representatives, executors, successors and assigns.

PARENT’S/GUARDIAN’S PRINTED NAME    SIGNATURE    PHONE NUMBER    DATE

THIS AGREEMENT IS DEEMED TO HAVE BEEN READ, UNDERSTOOD, AND SIGNED BY EVERY PARENT OR GUARDIAN WHO INDICATES HIS OR HER CONSENT ONLINE AT www.toddpilates.com/release-waiver-imagerights.

________________________________________________

 

ToddPilates Fitness LLC / ToddPilates Fitness No. 2, Inc.

Babysitting Services Policies & Liability Waiver

Clubhouse/Babysitting Policies:

  1. The Children’s Clubhouse is a babysitting service solely for parents and legal guardians participating in classes (“Fitness Classes”) at ToddPilates Fitness Studio; it is not childcare. The parent or guardian attending the Fitness Class must remain on site at all times.

  2. Babysitting services are provided on a first-come, first-served basis. The maximum number of children allowed in the Children’s Clubhouse during any one (1) Fitness Class is six (6). There will be no exceptions.

  3. An enrollment form and liability waiver must be completed and signed by a legal parent or guardian for each child prior to bringing a child to the Clubhouse.

  4. Babysitting services must be reserved in advance. Failure to cancel your reservation three (3) hours prior to the start of a Fitness Class will require payment for time reserved. Reservations and cancellations may be done online at www.toddpilates.com.

  5. You may drop your child off no earlier than fifteen (15) minutes before the Fitness Class.

  6. ToddPilates wants your experience to be worry-free. However, if your child is inconsolable for five (5) minutes or longer, a staff member may ask you to leave the Fitness Class to attend to your child.

  7. Please bring your child with a full tummy and (if applicable) dry diaper.

  8. Babysitting services do not include diaper changes.

  9. Food and beverages will not be allowed in the Children’s Clubhouse. Bottles are OK.

  10. Please alert the babysitter if your child has any special needs.

  11. Please make sure all of your child’s belongings are clearly labeled with first and last names.

  12. ToddPilates is not responsible for lost or stolen personal property.

  13. Disruptive or inappropriate behavior will not be tolerated. In these circumstances, you will be notified immediately.

  14. To keep everyone healthy and safe, please do not bring your child if he/she is sick or has been exposed to any contagious illnesses within two (2) weeks prior to the Fitness Class.

  15. Clubhouse staff will not administer medications.

  16. Each child will be released ONLY to the person who brought him/her.

  17. ToddPilates reserves the right to refuse babysitting services to anyone at any time for any reason.

I acknowledge that I am purchasing and will receive babysitting services provided by ToddPilates Fitness LLC and/or ToddPilates Fitness No. 2, Inc. (individually and collectively, “ToddPilates”) at the sole risk of me and the child identified on the enrollment form (the “Child”). TO THE FULLEST EXTENT PERMITTED BY LAW, AND ON BEHALF OF MYSELF AND MY HEIRS, DEPENDENTS, SPOUSE/PARTNER OR OTHER NEXT OF KIN, REPRESENTATIVES, EXECUTORS, SUCCESSORS AND ASSIGNS, I HEREBY KNOWINGLY AND VOLUNTARILY AGREE – AND REPRESENT THAT I AM AUTHORIZED TO AGREE ON BEHALF OF THE CHILD AND HIS OR HER OTHER PARENT(S) OR GUARDIAN(S) – TO EXPRESSLY, FULLY AND FOREVER WAIVE, RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS (i) TODDPILATES, ITS PRINCIPALS, AGENTS, INSTRUCTORS, CONTRACT AND FULL-TIME EMPLOYEES, BABYSITTERS, REPRESENTATIVES, VOLUNTEERS, ADVISORS, SUBCONTRACTORS, SUCCESSORS, ASSIGNS, AND ALL OTHER PERSONS OR ENTITIES  WHO HAVE ACTED, ACT OR WILL ACT ON BEHALF OF TODDPILATES, (ii) THE APPLICABLE PROPERTY OWNERS, (iii) OTHER PARTICIPANTS IN THE FITNESS CLASS, AND (iv) OTHER PARENTS, GUARDIANS AND CHILDREN IN THE BABYSITTING PROGRAM – COLLECTIVELY, THE “RELEASED PARTIES” – FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, DEMANDS, ACTIONS, CAUSES OR RIGHTS OF ACTION, AND COSTS AND EXPENSES, INCLUDING WITHOUT LIMITATION COURT COSTS AND ATTORNEYS’ FEES, (COLLECTIVELY, “CLAIMS”) – WHETHER KNOWN, UNKNOWN, ANTICIPATED OR UNANTICIPATED – DIRECTLY OR INDIRECTLY ARISING OUT OF, RELATING TO OR RESULTING IN WHOLE OR IN PART FROM THE BABYSITTING SERVICES PROVIDED BY TODDPILATES, INCLUDING BUT NOT LIMITED TO ANY CLAIMS OF PHYSICAL OR PSYCHOLOGICAL ILLNESS OR INJURY, BODILY HARM, MEDICAL EXPENSES, COSTS OF MEDICAL EMERGENCY CARE AND/OR TRANSPORT, DEATH, DAMAGE TO REAL OR PERSONAL PROPERTY, LOSS OR THEFT OF PERSONAL PROPERTY, OR ANY OTHER INCIDENT OCCURRING WHILE THE CHILD IS AT TODDPILATES FITNESS STUDIO, REGARDLESS OF WHETHER SUCH CLAIMS ARISE IN WHOLE OR IN PART FROM THE ACTS, OMISSIONS OR NEGLIGENCE OF THE RELEASED PARTIES. FURTHER, I REPRESENT THAT I HAVE READ AND SIGNED THE “AGREEMENT OF INFORMED CONSENT, RELEASE & WAIVER OF LIABILITY, AND TRANSFER OF IMAGE RIGHTS,” WHICH INCLUDES WITHOUT LIMITATION A TRANSFER OF ALL RIGHTS TO IMAGES (AS DEFINED THEREIN) OF THE CHILD AND A FULL RELEASE OF LIABILITY FOR TODDPILATES’ CAPTURE AND USE OF ANY IMAGES. I understand and agree that babysitting services are provided only while I am taking a Fitness Class, that I must remain in ToddPilates Fitness Studio at all times, and that I am fully and solely responsible for the care of the Child at all times. I will be responsible to feed the Child and have the Child use the restroom prior to the Fitness Class to the best of my abilities. If the Child becomes inconsolable, I will leave the Fitness Class immediately and attend to the Child. I agree to pay the fee for babysitting services. I have read, understand and agree to adhere to the babysitting policies and procedures specified above, as well as any policies or procedures posted in ToddPilates Fitness Studio, on www.toddpilates.com, or otherwise made available to me, and I will read and adhere to any updates to such policies and procedures. I have examined the area in which babysitting services will be provided and am fully satisfied that it is a safe environment for the Child. This agreement shall be governed by the laws of the state of Texas. If any provision of this agreement is held unlawful, void or for any reason unenforceable by a court of competent jurisdiction, then such provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of the remaining provisions. I have carefully read with a full, definite and clear understanding the foregoing provisions and freely enter into this agreement and waiver of liability.