Forma Pilates is a referral only based studio and reserves the right to refuse service to anyone at any time. For the health and safety of our clients, all class scheduling and requests must be made through the Forma Pilates Concierge.
SESSIONS & PACKAGES
LATE CANCEL / NO SHOW
WAITLIST
Assumption of Risk, Waiver of Liability, and Indemnity Agreement
In consideration of being permitted by Forma Pilates, Inc. (the “Company”) to participate in exercise activities at its facilities, including without limitation Pilates instruction (including organized classes or individual sessions), observation, weightlifting, stretching, aerobic exercises, and/or any other exercise-related activity provided, with or without staff or instructors present (the “Activity”), I agree on behalf of myself or my child, as applicable, to release and discharge the Company from any and all claims arising out of or relating to my or my child’s participation in the Activity.
Assumption of Risk: I acknowledge, agree, and represent on behalf of myself or my child, as applicable, that I am, or my child is, in good health and proper physical condition to participate in the Activity. I am aware and understand that the Activity is a potentially dangerous activity and involves the risk to myself or my child of personal or psychological injury, pain, suffering, temporary or permanent disability, death, property damage, and/or monetary loss. I acknowledge that any injuries I or my child sustain may result from or be compounded by the actions, omissions, or negligence of the Company, including negligent emergency response or rescue operations. Notwithstanding the risk, I acknowledge that I am knowingly and voluntarily participating, and permitting my child to participate, in the Activity with an express understanding of the danger involved and agree to accept and assume any and all risks to myself or my child of injury, disability, death, property damage, and/or monetary loss arising from the Activity, whether caused by the negligence of the Company or otherwise. I, on behalf of myself or my child, also acknowledge that other participants and/or third parties may act carelessly or recklessly, or generally fail to exercise due care, and that the Company bears no liability as a result of such careless or reckless behavior of other participants or third parties.
Waiver of Liability: On behalf of myself and my child, as applicable, I expressly waive and release any and all claims now or later known against the Company and its agents, owners, directors, officers, shareholders, investors, attorneys, legal representatives, successors and assigns, contractors, divisions, subsidiaries, affiliates, volunteers, participants, employees and all other persons or entities acting in or on its’ behalf (the “Releasees”), arising out of or attributable to the Activity, whether arising out of the ordinary negligence of the Releasees or otherwise. I agree not to bring such a claim against the Releasees on my own or my child’s behalf and forever release and discharge the Releasees from liability under such claims. This waiver does not extend to claims for gross negligence, willful misconduct, or any other liabilities that the law of the state where the facility is located does not permit to be released by agreement. This waiver and release are binding on and shall inure to the benefit of the Company and me or my child, as applicable, and our respective heirs, successors, and assigns.
California Facilities: I understand that by signing, I am, on behalf of myself or my child, waiving any and all claims, of any kind arising out of or attributable to the Activity, including those claims that may be unknown to me or my child, or which I or my child do not suspect to exist at this time. With the intention of waiving all unknown and unsuspected claims, I expressly waive all rights, benefits, and protections I or my child may have under California Civil Code Section 1542, which reads: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
Indemnification: On behalf of myself or my child, as applicable, I agree to indemnify and hold harmless the Company from any and all losses, damages, liabilities, deficiencies, claims, demands, actions, causes of action, judgments, settlements, awards, penalties, fines, costs, or expenses of whatever kind, including attorney’s fees, arising out of or resulting from any claim of a third party related to my or my child’s participation in the Activity due to my or my child’s negligent or more culpable act or omission (including any reckless or willful misconduct) or the ordinary negligence of the Company.
Medical Treatment: I authorize the Company, its staff, employees, agents, and instructors to obtain or provide medical care for me or my child, or to transport me or my child to a medical facility. I authorize medical personnel to render such treatment as they may deem necessary for my or my child’s health. I agree that the Company, its staff, employees, agents, and instructors have no responsibility for medical care provided to me or my child, and I agree to pay all costs associated with such medical care and transportation. I hereby release, forever discharge, and hold harmless the Releasees from any claim based on such treatment or other medical services.
Miscellaneous: All matters arising out of or relating to this release shall be governed by and construed in accordance with the laws of the State of California without giving effect to any conflict of laws principles. If any term or provision of this release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of or invalidate or render unenforceable such term or provision in any other jurisdiction.
Dispute Resolution: Any and all claims, disputes, or controversies arising out of or relating to my or my child’s participation in the Activity, and from or relating to this Agreement, including any disputes or claims relating to the arbitrability of this Agreement, will be resolved exclusively through final and binding arbitration. Unless otherwise agreed to by the parties, arbitration will be conducted by JAMS under its Comprehensive Rules for Arbitration and will take place in the city and state where I or my child participated in the Activity. The arbitrator’s decision will be final and enforceable in any court of competent jurisdiction. The parties waive any right to trial by jury for such claims.
Facility Rules: I or my child, as applicable, will comply with all of Company’s rules, both written and as orally stated to me by a Company staff, employee, agent, or instructor during my participation in the Activity, including without limitation refraining from use of any intoxicating or mind-altering substances prior to or while engaging in the Activity.
Marketing Waiver: I give Forma Pilates permission to use in its marketing materials any picture in which my likeness appears, without any compensation whatsoever, unless I notify Forma Pilates in writing otherwise, and I hereby waive any rights or claims regarding the use of said pictures and/or videos.
Cancellation Policy: Any cancellation of a scheduled private or semi-private session made without 24-hour prior notice will result in a cancellation fee equal to the cost of the session.
Forma Pilates has the right to amend or alter these terms at its sole discretion with, or without any notice and reserves the right to refuse service to anyone at any time.
I have fully read and understand this agreement. I know the nature of the activities at Forma Pilates, I am aware that by signing this agreement, I am waiving certain legal rights I or my heirs, next of kin, executors, administrators and assigns may have against Forma Pilates I hereby assert that my participation is voluntary and that I knowingly assume all such risks.
By creating an account via the Forma Pilates, Inc. Mariana Tek booking platform, I hereby accept and agree to the terms and provisions contained in this agreement.