In consideration of participating in group classes, private sessions, small group training, and/or online sessions and specifically by participating in activities including but not limited to Pilates, Banded Workouts, Plyometric Activity, Stretching, Weight Lifting, Barre, HIIT, Reformer and other Pilates apparatus, Circuit Training etc. (collectively, “Activity”) and in using the premises, facilities, and/or equipment, or any other location or venue where Company is providing services, I, the undersigned, (“Participant”) acknowledge and agree as follows:

Acknowledgment of Risk

I acknowledge that there are inherent risks and dangers in participating in the Activity, which include, but are not limited to (i) minor injuries such as scratches, bruises, muscle aches, soreness and sprains; (ii) major injuries such as joint or back injuries, bone breaks, eye injuries or loss of sight, heart attacks and concussions; (iii) catastrophic injuries including paralysis or even death; and (iv) exposure to illness, viral infections, or other diseases, such as COVID-19.

I UNDERSTAND THAT THE DESCRIPTION OF THE RISKS IN THIS AGREEMENT IS NOT COMPLETE.

Voluntary Assumption of Risk
I VOLUNTARILY CHOOSE TO PARTICIPATE AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF MY

PARTICIPATION IN THE ACTIVITY. I acknowledge and agree that I am responsible for all of my personal belongings and property during the Activity and that the Released Parties are not responsible in any way for such property, whether it is lost, stolen or damaged. I voluntarily agree to expressly assume all risks of injury, financial and physical loss, or death that may result from participating in the Activity, even if the risks are created by the carelessness, negligence or gross negligence of a Released Party or any other third-party.

Release, Waiver, and Indemnity

I hereby release, indemnify and save harmless the Released Parties from any and all responsibility, liability, claims, actions, suits, costs, loss, expenses and damages arising from the Activity to the fullest extent permitted, including financial damages or personal injuries, however caused, including negligence. I further indemnify the Released Parties from any costs or expenses, including legal fees, they may incur as a result of defending any claim made by me or on my behalf. This Release and Waiver shall be effective and binding upon my spouse, children, parents, heirs, next of kin, executors, administrators, successors, assigns and representatives in the event of my death or incapacity. This clause survives indefinitely.

Limitation of Liability

If for any reason, Released Parties are found liable for damages arising directly or indirectly from the Activity, liability will be limited to the greatest extent possible in the governing jurisdiction and in no case exceed any fee I have paid to Company.

Medical Representation

I represent to Company that I have no medical or physical condition that would prevent me from participating in the Activity, have no physical or mental condition that would put me, other participants or Company in any physical or mental danger, and have not been instructed by my physician to abstain from participating in the Activity.

Compliance with Rules

I agree to comply with all stated and customary rules, written terms, posted safety signs, regulations, laws, traffic laws and verbal instructions where the Activity takes place and as provided by Company from time to time. Company is not responsible for any actions or inactions of third-parties while providing the Activity.

No Warranty

Company provides no warranty that the Activity or related services will lead to any specific goals, success or particular results. I acknowledge and agree that the Activity is provided without any express or implied warranties of any kind.

Media Release

I grant to Company an irrevocable, worldwide, perpetual and unrestricted right to use any media, such as photographs, video, audio recordings or social media posts, whether captured by me, Host or third party in relation to the Activity and for any lawful purpose, including in its online or printed advertising or marketing materials and on all social media platforms, with or without reference to me and without further notice, grant of permission or right to any financial compensation.

Privacy Policy

I understand that some of the information provided by me, including, but not limited to, my name, address, date of birth, financial information and health information (“Personal Information”) may be collected and used by the Company, and I consent to the transmission of the Information to Company, Released Parties and/or service providers and authorize Company, Released Parties and/or service providers to record, process and store such Information as necessary for purposes of providing and administering the Activity.

Governing Law and Jurisdiction

This Release and Waiver is governed by and interpreted in accordance with the laws of Ontario and the federal laws of Canada where applicable. Any disputes arising directly or indirectly from this Release and Waiver will be submitted and heard exclusively in the courts of Mississauga, Ontario.

Severability

If any of the provisions of this Release and Waiver are found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not, to the extent permitted by law, in any way be affected and will remain enforceable.

Cancellation Policy etc.

I understand that all Private Sessions, Duet and Semi-Private Sessions are subject to a 24 hour cancellation policy. All Group Mat and Group Circuit Classes are subject to a 12 hour cancellation policy. Any cancellations outside of these periods will result in the session being forfeited from my account or my credit card on file charged for the full amount of the session.

I understand I am responsible for cancelling my group classes via the app/website and by contacting my Instructor directly in the instance of 1:1 sessions.

I understand late admittance of more than 5 minutes to group classes is not permitted and I understand this will result in the loss of my session.

I HAVE READ AND UNDERSTAND THIS RELEASE AND WAIVER AND I AM AWARE THAT BY SIGNING THIS RELEASE AND WAIVER I AM ASSUMING CERTAIN RISKS AND WAIVING CERTAIN LEGAL RIGHTS WHICH I MAY HAVE AGAINST COMPANY.

I understand that all Group Mat and Group Circuit classes are subject to a 12-hour cancellation policy, and all Private Sessions, Duet and Semi-Private Sessions are subject to a 24-hour cancellation policy.. Any cancellations outside of these periods will result in the session being forfeited from your account, or in the case that you do not have any sessions in your account, your credit card on file will be charged for the full amount of the session.

I understand I am responsible for cancelling my group classes via the app/website and by contacting my Instructor directly in the instance of 1:1 sessions.

I understand late admittance is not permitted, and I understand this will result in the loss of my session.