A. Assumption of Risk (Pop-Up Event on Third-Party or Public Property)
I acknowledge that I am voluntarily participating in a pop-up mat Pilates class or event (the “Event”) provided by Embody by Alexandra LLC (“the Company”). I understand that the Event will not take place in a dedicated Pilates studio or inside my own home, and may be held on property owned or controlled by a third party and/or on public property, including a private residence, backyard, rooftop, commercial space, park, beach, trail, plaza, sidewalk, parking area, or other private or public premises.
I expressly assume all risks of participating in physical activity in such environments. This includes, but is not limited to, uneven, wet, sandy, grassy, paved, or sloped surfaces; weather, sun, heat, cold, wind, and rain; insects and animals; members of the public, traffic, noise, and lack of exclusive use of the space; trip and slip hazards; limited or no restrooms, climate control, or other studio amenities; and any mats, props, or equipment I bring or that are provided for the Event.
I acknowledge that the Company is not responsible for inspecting, auditing, or modifying the Event location for safety. I further acknowledge that the owner, occupier, host, and manager of any private property where the Event is held, any public authority that owns or maintains public property where the Event is held, and all Event collaborators (including co-hosts, co-instructors, sponsors, vendors, volunteers, photographers, and assistants) are likewise not responsible for inspecting, auditing, or modifying the premises for Pilates instruction.
B. Physical Exertion & Medical Disclaimer
I recognize that Pilates instruction requires physical exertion, which may be strenuous and cause physical injury. I am fully aware of the risks and hazards involved. I represent and warrant that I am physically fit and have no medical condition that would prevent my full participation in the Event. I acknowledge that it is my ongoing responsibility to inform the instructor of any changes to my physical condition, injuries, or medical status immediately before or during any Event.
C. Release of Liability
In consideration of being permitted to participate in this pop-up mat Pilates class or event (the “Event”), I, on behalf of myself, my heirs, executors, administrators, and assigns, hereby knowingly and voluntarily waive, release, and forever discharge Embody by Alexandra LLC, its owners, members, managers, employees, instructors, and independent contractors; the owner, occupier, host, landlord, tenant, and manager of any private property where the Event is held; any city, county, park district, or other public authority that owns, operates, or maintains public property where the Event is held; and all Event collaborators, including co-hosts, co-instructors, sponsors, vendors, volunteers, photographers, and assistants, and each of their respective officers, employees, agents, successors, and assigns (collectively, the “Released Parties”), from any and all liability, claims, demands, actions, or rights of action, arising out of or in connection with my participation in the Event, my presence at the Event, or my travel to or from the Event. This includes, but is not limited to, personal injury, property damage, or wrongful death, whether caused by the passive or active negligence of the Released Parties or otherwise, and whether arising from the condition of third-party private property or public property where the Event is held, to the fullest extent permitted by Florida law. This release does not waive claims for gross negligence or willful misconduct to the extent such a waiver is prohibited by Florida law.
D. Governing Law
This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Florida. If any portion of this waiver is held invalid by a court of law, the remainder shall continue in full legal force and effect.
E. Indemnification
I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to my participation in the Event, my presence at the Event, my travel to or from the Event, or my breach of this Agreement, including claims brought by third parties, to the fullest extent permitted by Florida law.
Acknowledgment & Signature
By signing below, I certify that I have read this document in its entirety, fully understand its terms, understand that I am giving up substantial legal rights, and sign it freely and voluntarily.