POP-UP PILATES PARTICIPATION AGREEMENT
ASSUMPTION OF RISK, RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND MEDIA CONSENT
THE SPRITZ ROOM
A wellness program operated by Spero Movement LLC
PLEASE READ CAREFULLY. THIS IS A LEGALLY BINDING AGREEMENT.
BY SIGNING THIS AGREEMENT, YOU ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO BRING CERTAIN CLAIMS AGAINST THE RELEASED PARTIES FOR ORDINARY NEGLIGENCE TO THE FULLEST EXTENT PERMITTED BY NEW JERSEY LAW.
I. DEFINITIONS
"Company" means Spero Movement LLC, doing business as The Spritz Room, together with its wellness programs, classes, events, services, and operations.
“Activities” means all Pilates classes, mat Pilates classes, fitness instruction, stretching, movement exercises, wellness programming, demonstrations, workshops, events, private sessions, group sessions, and any related activities conducted, sponsored, organized, or facilitated by the Company.
“Released Parties” means The Spritz Room, Spero Movement LLC, and their respective owners, members, managers, officers, directors, employees, instructors, independent contractors, volunteers, agents, representatives, affiliates, successors, assigns, sponsors, landlords, lessors, venue operators, venue owners, licensors, and any other individuals or entities associated with the Activities or premises where the Activities occur.
II. ACKNOWLEDGMENT OF RISKS AND ASSUMPTION OF RISK
I voluntarily elect to participate in the Activities. I understand and acknowledge that participation in physical fitness and exercise activities involves inherent risks that cannot be completely eliminated. These risks include, without limitation: muscle strains, tears, pulls, cramps, and soreness; sprains, ligament and joint injuries; slips, trips, and falls; loss of balance or coordination; dizziness, fainting, dehydration, or exhaustion; aggravation of pre-existing conditions; fractures, dislocations, and orthopedic injuries; concussions or head injuries; cardiovascular events; serious bodily injury; permanent disability; and death.
I further understand that Activities may occur in pop-up, temporary, shared, leased, outdoor, or third-party venues that are not owned or controlled by the Company. Such venues may contain risks including, but not limited to: uneven or slippery flooring; limited space; changes in elevation; structural features or obstructions; shared facilities; temporary equipment; variable lighting; crowded conditions; and other conditions that may contribute to injury.
I acknowledge that risks may arise from the condition of the premises, the acts or omissions of other participants, instructors, staff, spectators, vendors, or third parties. I knowingly, voluntarily, and expressly assume all risks of participation, whether known or unknown, foreseeable or unforeseeable, including risks arising from the ordinary negligence of the Released Parties to the fullest extent permitted by law.
III. RELEASE OF LIABILITY AND WAIVER OF CLAIMS
IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE ACTIVITIES AND ENTER ANY RELATED PREMISES, I, FOR MYSELF AND ON BEHALF OF MY SPOUSE, HEIRS, EXECUTORS, ADMINISTRATORS, REPRESENTATIVES, SUCCESSORS, ASSIGNS, AND ESTATE, HEREBY KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, LIABILITIES, COSTS, OR EXPENSES OF ANY KIND ARISING OUT OF OR RELATED TO: (i) my participation in the Activities; (ii) my observation of the Activities; (iii) my presence on any premises where Activities occur; (iv) my use of equipment, facilities, or amenities; (v) transportation associated with the Activities; or (vi) any injury, illness, property damage, disability, or death occurring before, during, or after participation.
THIS RELEASE EXPRESSLY INCLUDES CLAIMS BASED UPON THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY NEW JERSEY LAW. This release does not apply to claims arising from gross negligence, reckless conduct, or intentional misconduct to the extent such claims cannot be waived under applicable law.
IV. INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
I agree to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, demands, actions, causes of action, liabilities, damages, judgments, settlements, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to: (i) my participation in the Activities; (ii) my conduct or actions; (iii) my violation of Company policies or instructions; (iv) any claim brought by or on behalf of a third party arising from my acts or omissions. This indemnification obligation shall survive the termination of this Agreement and my participation in the Activities.
V. HEALTH REPRESENTATIONS AND PARTICIPANT RESPONSIBILITIES
I represent and warrant that:
(i) I am physically capable of participating in the Activities;
(ii) I have no medical condition that would make participation unsafe;
(iii) I have consulted with a physician if I have any questions regarding my ability to participate;
(iv) I am solely responsible for determining whether I am fit to participate.
I agree to follow all instructions and safety directions; immediately stop if I experience pain, dizziness, or discomfort; inform the instructor of physical limitations; and refrain from participating while injured or ill. The Company does not provide medical advice.
VI. COMMUNICABLE DISEASES
I understand that participation in group activities may expose me to communicable diseases, viruses, bacteria, or other illnesses. I knowingly and voluntarily assume all risks associated with such exposure and release the Released Parties from any related claims to the fullest extent permitted by law.
VII. EMERGENCY MEDICAL AUTHORIZATION
In the event of a medical emergency, I authorize the Company to seek emergency medical care on my behalf. I understand that the Company has no duty to provide medical treatment, any treatment obtained shall be at my sole expense, and the Released Parties shall not be liable for any action or inaction relating to emergency care.
VIII. PERSONAL PROPERTY
I understand that the Released Parties are not responsible for any lost, stolen, damaged, or misplaced personal property, regardless of where such property is located, including property left unattended before, during, or after any Activity.
IX. MEDIA CONSENT AND RELEASE
I grant the Company an irrevocable, perpetual, worldwide, royalty-free right and license to photograph, videotape, record, and use my name, image, likeness, voice, and appearance in any medium now known or later developed for promotional, advertising, marketing, social media, or business purposes. I receive no compensation and waive any right to inspect or approve such use.
X. ELECTRONIC SIGNATURES
I agree that electronic signatures, digital acknowledgments, online registrations, and electronic acceptance of this Agreement shall be legally binding and enforceable to the same extent as an original handwritten signature.
XI. GOVERNING LAW, SEVERABILITY, AND ENTIRE AGREEMENT
This Agreement shall be governed by the laws of the State of New Jersey. If any provision is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between the parties.
ACKNOWLEDGMENT OF UNDERSTANDING
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS ENTIRE AGREEMENT. I UNDERSTAND THAT I AM ASSUMING RISKS ASSOCIATED WITH PARTICIPATION. I UNDERSTAND THAT I AM RELEASING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO ASSERT CERTAIN CLAIMS AGAINST THE RELEASED PARTIES FOR ORDINARY NEGLIGENCE. I AM SIGNING THIS AGREEMENT FREELY AND VOLUNTARILY.
Participant Name (Printed): ___________________________
Signature: _________________________________________
Date: _____________________________________________
Email: ____________________________________________