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Studio Liability Release
PARTICIPANT WAIVER, RELEASE, ACKNOWLEDGMENT OF RISK, AND INDEMNITY AGREEMENT In consideration of participating in the programs, instruction, related events, and activities provided by Studio One Pilates, Inc. (the "Studio") and in exchange for the right to use the equipment, services, and facilities offered by the Studio, the undersigned acknowledges and agrees as follows: (1) I am aware of and acknowledge that participating in the activities available at or through the Studio are potentially dangerous and hazardous activities that entail both known and unanticipated risks, any or all of which may result in physical and/or emotional injury, including paralysis and death, to myself and/or to third persons, and possible damage to property belonging to me, to the Studio, and/or to third parties. Furthermore, the Studio's employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They may give inadequate warnings or instructions, and the equipment being used might malfunction. (2) I expressly agree and promise to accept and assume all of the risks existing in the activities, including but not limited to unanticipated or unforeseeable risks, and to waive all claims against, and to release, indemnify, defend, hold harmless, and forever discharge, the Studio from any liability to me or my estate for damages. (3) I hereby further certify that I have no known medical or physical conditions that could interfere with my safe participation in these activities. This Release also covers any claim for personal injury or death resulting from a participant's medical condition that was in any way caused, triggered, or exacerbated by the use of the Studio. I further certify that I have adequate insurance of my own to cover any injury or damage I suffer or cause while participating in the above-described activities, and/or I otherwise agree to bear the costs of such injury or damage I might incur or cause. (4) I agree that I will be responsible for any damage I might cause to the Studio, other participants, and/or their equipment or property, including any damage that as a result of my conduct is sustained by any equipment or property owned, leased or operated by the Studio. (5) Should the Studio or anyone acting on its behalf incur attorney’s fees or costs enforcing any aspect of this Release, or should any suit be filed as a result of any claims or conduct by me, I agree to indemnify and defend the Studio from and against all such claims, fees, and costs, and to hold the Studio harmless. (6) I expressly agree that the releases, waivers, and indemnifications set forth in this Release are intended to be as broad and as inclusive as permitted by the laws of the State of Alaska and of any other court, statute, or law, and that if any portion of this Release is deemed to be invalid, that the balance of this Release shall continue to be in full force and effect. I agree that any lawsuit in any way related to this Release or my activities at or through the Studio shall be brought and maintained in either the Alaska Superior Court at Anchorage, Alaska, and I further agree that the substantive law of Alaska shall apply in that action without regard to the conflict of law rules of Alaska or any other state. (7) By signing this Release, I acknowledge that, if anyone is hurt or property is damaged during my participation in these activities, I may be found by a court of law to have waived my right to maintain a lawsuit against the Studio on the basis of any claim from which I have released the Studio in this document. (8) As used in this document, the term "the Studio" includes all of the Studio's owners, agents, tenants, members, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity in, through, or on behalf of the Studio. Studio One Pilates, Inc. I FURTHER ACKNOWLEDGE THAT I HAVE HAD SUFFICIENT OPPORTUNITY TO REVIEW THIS ENTIRE RELEASE, I HAVE READ THIS ENTIRE RELEASE, I UNDERSTAND IT, AND I AGREE TO BE BOUND BY ITS TERMS.