By my signature below I am indicating that I wish to participate in, or allow my minor child to participate in, activities provided by, sponsored by, and/or taking place at the facilities of Body in Balance Maui LLC, and The Pole Room, including the use of all equipment at the facilities (the “Activities”), and that in consideration of being allowed to participate in these Activities, I hereby agree to release and hold harmless Body in Balance Maui LLC, The Pole Room, and their owners, members, directors, employees, independent contractors, instructors, trainers, agents, and related companies and affiliates (together referred to as “Body in Balance”) for any claims, damages, causes of action on behalf of myself (and if applicable my minor child) and my heirs, assigns and legal representatives, as further set forth below. I expressly agree that this Release is intended to be as broad and inclusive as permitted by the laws of the State of Hawaii. I further agree that in the event any clause or provision of this release shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining clauses or provisions of this release, which shall continue to be enforceable.
Personal Belongings – I understand and agree that Body in Balance is in no way responsible for the safekeeping of my personal belongings while I attend class or use the Body in Balance facilities.
No guarantees - I acknowledge that although I may have been asked to identify health and fitness goals, no promises or guarantees have been made by Body in Balance regarding results of my participation in this program or class. I agree to fulfill all payment obligations and agree that I am not entitled to any refund for any reason.
Medical Advice - I acknowledge that Body in Balance has not provided access to any medical professional and is not offering medical advice. By my signature below I acknowledge that I am advised to receive a medical examination prior to beginning the Activities.
Assumption of the Risk - I am aware that the Activities (including but not limited to Pilates or personal training instruction, pole or aerial trainings, and the use of any training equipment) create a risk that I might be injured or suffer adverse health effects, including physical injury or even death. I am voluntarily participating in these activities with acknowledgement of the risk of injury of all degrees. I agree to accept all risk and verify these statements by placing my initials here. I acknowledge that there may be changes in flooring levels in the studio, and that there are different flooring types in the studio and I accept the flooring used by Body in Balance.
Release of Liability - As consideration for the service provided by Body in Balance, I hereby agree that I (and my minor child, if applicable), my heirs, assigns and legal representatives will not make a claim against, sue or attach property of Body in Balance.. By my signature below I release Body in Balance for any injury, damage, claim, harm, or loss of property arising from or relating to my participation in the Activities, and/or from my presence on the Body in Balance premises, whether caused by negligence or otherwise.
Use of Photos and Recordings – I acknowledge that from time to time, Body in Balance may take photographs or videos of the Activities for promotional purposes and I do hereby grant and convey to Body in Balance all right, title, and interest in any and all photographic images and video or audio recordings made by Body in Balance in conjunction with the Activities.