Risk warning acknowledgement & assumption of risk release & indemnity
I acknowledge that the activity (pilates | fitness) I am to undertake is a recreational activity that may involve a risk of harm (the “activity”) and that participating in it I am exposed to certain risks. I further acknowledge that I am not required to engage in the activity.
I ACKNOWLEDGE AND UNDERSTAND that whilst participating in such activity: I have been examined by a licensed medical practitioner (“practitioner”) within the past six months and have been found by such practitioner able to perform the activity during my online workout on The PHIT Method. I will faithfully follow all instructions given to me The PHIT Method and its teachers as to when, where, and how to perform and not to perform the activity. I may be injured; physically or mentally, or may die. The conditions in which the activity is conducted may vary without warning. I may be injured or die or suffer damage to my property as a result of the negligence or breach of contract of The PHIT Method and its teachers.
I assume the risk of responsibility for any injury, death or property damage resulting from my participation in the activity.
Release and indemnity to the recreational activity provider
In consideration of my payment for participating in the activity (and except to the extent that the same may be precluded by stature) I AGREE TO RELEASE AND INDEMNIFY The PHIT Method as follows:
1. I participate in the activity at my own risk and responsibility
2. I have received a risk warning in relation to the recreational activity
3. I release, indemnify and hold harmless The PHIT Method, its servants and agents, from and against all and any actions or claims which may be made by me or on my behalf or by other parties for or in respect of or arising out of any injury, loss damage or death caused to me or my property whether by negligence, breach of contract or in any way whatsoever or any liability that results from the breach of an express or implied warranty that the recreational services or activity will be rendered with reasonable care or skill
4. In the event that I am injured or my property is damaged, I will bring no claim, legal or otherwise, against The PHIT Method its servants and agents in respect of that injury or damage
5. I hereby indemnify and keep indemnified The PHIT Method from and against all and any actions, demands, suits, proceedings or claims that may be brought or made against The PHIT Method by any person by reason of or in respect of any act, default or neglect by me in participating in the recreational services or activity or in anyway whatsoever relating thereto or arising therefrom and from against any costs and expenses that may be incurred by that person in connection with such actions, demands, suites proceedings or claims.