Liability Waiver and Release Agreement

Flexcore Pilates
5628 La Jolla Blvd, Suite A
San Diego, California 92037
Email:  contact@flexcorepilatesstudio.com

PLEASE READ CAREFULLY. THIS IS A LEGAL DOCUMENT. BY SIGNING, YOU ARE WAIVING CERTAIN LEGAL RIGHTS.

Participant Information
Name: ___________________________________________

Phone: _______________________ Email: _______________________

Emergency Contact: ___________________________ Phone: _______________

1. Assumption of Risk

I understand that participation in Pilates classes at Flexcore, including classes conducted in a heated environment, private training, and the use of Flexcore facilities and equipment, involves physical exertion and may pose risks of injury or illness. These risks include, but are not limited to, muscular strains or sprains, overheating, dehydration, dizziness, fainting or exacerbation of pre-existing medical conditions. I voluntarily and knowingly assume all such risks, whether foreseen or unforeseen, and accept full responsibility for any injury, illness, or damage arising from participation.

2. Health Acknowledgment

I represent that I am in good physical condition and am medically and physically able to participate in heated and non-heated pilates classes. I acknowledge that I have either received medical clearance or voluntarily assume responsibility for participating without such clearance. I further agree to stop exercising and seek assistance if I feel lightheaded, overheated, dizzy, or unwell during a class.

I agree to inform Flexcore of any health concerns, physical limitations, pregnancy, injuries, or medical conditions that may affect my ability to safely participate.

3. Release of Liability and Waiver of Claims

In consideration for being permitted to participate in Flexcore activities, I hereby voluntarily release, waive, and forever discharge Flexcore Pilates, its owners, instructors, agents, employees, contractors, landlords, affiliates, and representatives (“Released Parties”) from any and all liability, claims, demands, actions, or causes of action arising out of or related to any injury, illness, disability, death, or property damage sustained during or in connection with participation in classes or use of the facility. 

This release includes, without limitation, liability arising from the ordinary negligence of the Released Parties. I understand that this waiver does not release claims for gross negligence, recklessness, or intentional misconduct, which cannot be waived under California law. 

4. Use of Facilities and Equipment

I agree to use all studio equipment, props, and facilities in a safe and respectful manner, and to follow all posted rules and instructions provided by staff. I understand that misuse or failure to follow safety instructions may result in injury or removal from the premises. 

5. Photo and Media Release

I grant Flexcore Pilates the irrevocable right to use my image, likeness, or voice in photos or videos taken at the studio for promotional, marketing, or educational purposes, in any media format. I understand that no compensation will be provided for such use, I may revoke this consent by notifying the studio in writing.

6. Governing Law and Jurisdiction

This agreement shall be governed by and construed in accordance with the laws of the State of California. Any legal action shall be brought in a court of competent jurisdiction located in San Diego County, California.

7. Binding Arbitration

I agree that any dispute or claim arising out of or related to this agreement or participation in Flexcore activities shall be resolved exclusively through binding arbitration in San Diego County, California, in accordance with the rules of the American Arbitration Association. I understand this means waiving my right to a trial by jury.

8. Indemnification Clause

I agree to indemnify, defend, and hold harmless Flexcore Pilates and its affiliates from any claims, liabilities, damages, or expenses (including attorneys’ fees) arising from my participation in Flexcore activities or my violation of this agreement.

9. Severability

If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

I have read this agreement carefully and understand that by signing, I am giving up certain legal rights, including the right to sue for ordinary negligence. I am signing this document freely and voluntarily.

Participant Signature: ___________________________  Date: ___________

Printed Name: ___________________________________