2. Voluntary Participation and Acknowledgment of Risk
I voluntarily choose to participate in activities offered by Endure Pilates LLC ("Endure"). I understand that Pilates and other fitness activities involve physical exertion and may include use of reformers, springs, straps, platforms, boxes, weights, resistance equipment, and other apparatus. I understand that participation involves inherent and other risks, including muscle strains, sprains, falls, loss of balance, equipment-related injury, aggravation of pre-existing conditions, cardiovascular events, serious bodily injury, and, in rare circumstances, permanent disability or death. I knowingly and voluntarily assume the risks associated with my participation, including risks that may arise from my own actions or inattention, the actions of other participants, or the ordinary risks inherent in fitness activity.
3. Health and Medical Representation
I represent that I am physically capable of participating in the activities I choose. I understand that Endure and its instructors do not provide medical diagnosis or treatment and that instruction is not a substitute for advice from a physician or other qualified healthcare professional. I agree to inform the instructor before class of any injury, pregnancy, surgery, medical restriction, dizziness, pain, physical limitation, or other condition that could affect safe participation. I will stop exercising and notify an instructor if I experience unusual pain, dizziness, faintness, shortness of breath, chest discomfort, or another concerning symptom. I understand that I am responsible for obtaining medical clearance when appropriate.
4. Equipment and Studio Safety
I agree to follow instructor directions, posted rules, safety instructions, and reasonable studio policies. I will use equipment only as instructed and will not make unsafe adjustments or use equipment in a manner for which I have not been instructed. I understand that I remain responsible for exercising within my own abilities and limitations and for asking questions when I do not understand an exercise or equipment setting.
5. Release and Waiver of Liability
To the fullest extent permitted by Arizona law, I release and agree not to hold Endure Pilates LLC, and its owners, members, managers, employees, instructors, independent contractors, agents, and representatives (collectively, the "Released Parties") liable for claims arising from the ordinary risks of my voluntary participation or from ordinary negligence in connection with the activities, premises, or equipment, including claims for personal injury, property damage, or economic loss. This release is not intended to waive claims that cannot lawfully be waived, including liability for gross negligence, reckless or intentional misconduct, or other liability that Arizona law prohibits from being released.
6. Emergency Care
If I become ill or injured and am unable to make decisions for myself, I authorize Endure personnel to contact emergency medical services and my emergency contact when reasonably appropriate. I understand that Endure does not guarantee the availability of medical personnel and that I am financially responsible for ambulance, hospital, physician, or other medical expenses incurred on my behalf, except to the extent otherwise required by law.
7. Personal Property
I understand that I am responsible for my personal belongings. To the fullest extent permitted by law, Endure is not responsible for loss, theft, or damage to personal property brought into the studio or to an Endure event, except where responsibility cannot legally be excluded.
8. Communicable Illness
I agree not to attend a class when I have symptoms of a contagious illness or when participation would create an unreasonable health or safety risk to others. I understand that participation in group fitness activities may involve exposure to communicable illnesses despite reasonable cleaning and safety practices.
9. Photo and Video
I understand that this liability waiver does not automatically grant Endure permission to use my identifiable photograph, video, voice, or likeness for advertising. Any promotional photo/video authorization may be obtained through a separate release or affirmative consent.
10. Minor Participants
If the participant is under 18, a parent or legal guardian must complete the guardian section below. The guardian represents that he or she has legal authority to consent to the minor's participation and acknowledges the risks described in this agreement.
11. Governing Law; Severability
This agreement is intended to be governed by Arizona law. If any provision is held invalid or unenforceable, the remaining provisions will remain effective to the fullest extent permitted by law. This agreement is intended to supplement, and not replace, any separate membership terms, studio rules, or agreements that address different subjects.