Terms and Conditions
Medical Recommendations. Participant should consult with his or her physician or have a physical examination before enrolling in or participating in any of Inferno Pilates LLC’s (“Inferno”) classes, including in-studio, out-studio, live stream, or on-demand, and/or using Inferno’s premises, facilities, equipment or services (collectively “Classes and Facilities”) especially if the Participant is elderly, pregnant, has a history of heart disease, high blood pressure or other chronic illness, or is unaccustomed to physical exertion or has other physical limitations.
Activity Risk. Any strenuous athletic or physical activity involves certain risks. Participant and his or her guests assume the risk of any and all accidents or injuries of any kind that may be sustained by, or in connection with, use of Inferno’s Classes and Facilities. Inferno cannot guarantee that any facility or equipment is free of risk. Participant agrees to use care in the use of Inferno’s Classes and Facilities, and to protect against accidents by other participants. Inferno reserves the right, in its sole discretion, to cease to provide services, stop working with, and/or remove any person (or persons) who Inferno in its sole discretion feels presents potential harm, danger or disruption to themselves or anyone around them while engaging in any training or receiving any other services.
Participant’s Health Warranty. Participant represents that: (i) there are no medical or physical conditions that would preclude his or her use of Inferno’s Classes and Facilities; (ii) he or she has not been instructed by any physician not to use Inferno’s Classes and Facilities; (iii) he or she is in good health and has no disability, impairment, injury, disease or ailment preventing him or her from engaging in active or passive exercise or which could cause increased risk of injury or adverse health consequences as a result of exercise. In addition, if in the opinion of Inferno staff, Participant would be at physical risk using the Classes and Facilities, Participant will be denied access to Inferno and its Classes and Facilities until Participant furnishes Inferno with an opinion letter from a medical doctor, at Participant’s sole expense, specifically addressing Inferno’s concerns, and stating that Inferno’s concerns are unfounded. If Participant declines to obtain such a letter, Participant will not be permitted to use the Classes and Facilities of Inferno.
Liability Release and Indemnity. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Participant agrees to release and to hold harmless Inferno Pilates LLC, the Classes and Facilities, the respective directors, officers, representatives, members, agents and employees of Inferno and the Classes and Facilities, and each of their respective affiliates (hereinafter collectively “Releasees”) from any and all liability, whether based on negligence, contract, tort, statute or otherwise, for any claim (including third party claims by the owners of the premises or other persons or entities), judgment, loss, liability, cost and expenses (including, without limitations, attorneys’ fees and costs) arising out of or connected in any way with the Classes and Facilities, training, products, or other interaction Participant has with Inferno or any Releasee (collectively, the “Services”), including but not limited to any claim arising out of or connected in any way with (i) any illness or injury (minimal, serious, catastrophic and / or death) that Participant may incur or sustain during or in any way in connection with the Services (whether or not at the premises and whether or not relating to any new or pre-existing condition, disclosed or undisclosed), (ii) any act or omission of any kind or character (whether negligent, grossly negligent, tortious or otherwise) of any employee, consultant, other independent contractor or other representative of Inferno (whether at the premises, in connection with the Services, or otherwise) and (iii) all activities associated or connected in any way with the Services and while traveling to and from the premises, in each of the foregoing cases whether or not the Services are actually rendered in full or in part. Participant further expressly agrees to indemnify and hold harmless Releasees and Releasees’ heirs, successors, assigns, executors and administrators against loss from any further claims, demands or actions that may subsequently be brought by Participant or by any other persons on the account of damages of any character resulting to Participant in any way from the foregoing activities. Participant further agrees to reimburse and to make good to Releasees any loss, damages, or costs Releasees may have to pay as a result of any such action, claim, or demand, including but not limited to attorneys’ fees. Participant understands that the foregoing waivers and indemnities are a material inducement to Inferno to allow Participant to receive the Services, that Inferno is expressly relying on such waivers and indemnities in allowing Participant to receive the Services, and that but for such waivers and indemnities Participant would not be permitted to receive the Services.
Medical Release. Participant acknowledges and agrees that receiving the Services subjects Participant to the risk of physical illness or injury (minimal, serious, catastrophic and / or death) and that Participant acknowledges that he or she is assuming the entire risk of such illness or injury by receiving the Services. In the event of such illness or injury, Participant authorizes Inferno to obtain necessary medical treatment for Participant and hereby releases and holds harmless Releasees in the exercise of this authority. Participant further acknowledges and understands that he or she will be responsible for any and all medical and related bills that may be incurred by Participant for any illness or injury that he or she may sustain in connection with the Services and while traveling to and from the site for the Services whether or not the Services are actually rendered.
COVID-19. The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. Inferno has put in place preventative measures to reduce the spread of COVID-19; however, Inferno cannot guarantee that you will not become infected with COVID-19. Further, attending Inferno could increase your risk of contracting COVID-19.
By signing this agreement, Participant acknowledges the contagious nature of COVID-19 and voluntarily assumes the risk that he or she may be exposed to or infected by COVID-19 by receiving the Services at Inferno and that such exposure or infection may result in personal injury, illness, permanent disability, and death. Participant understands that the risk of becoming exposed to or infected by COVID-19 at Inferno may result from the actions, omissions, or negligence of himself or herself and others, including, but not limited to, Inferno employees, volunteers, participants and their families. Participant voluntarily agrees to assume all of the foregoing risks and accepts sole responsibility for any injury to themselves (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that Participant may experience or incur in connection receiving the Services at Inferno. Participant hereby releases, covenants not to sue, discharge, and holds harmless Inferno its employees, agents, and representatives, of and from Inferno, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. Participant understands and agrees that this release includes any claims based on the actions, omissions, or negligence of Inferno, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after receiving the Services at Inferno.
COVID-19 Vaccine. The participant agrees to release and to hold harmless Inferno Pilates LLC, the classes and facility, the respective directors, officers,representives, members, agents, employees and their respective affiliates, from any and all liability after taking the COVID 19 vaccine.
Governing Law; Consent to Jurisdiction. This Agreement shall be governed by the laws and decisions of the State of Nevada.
Participant (and, if applicable, Participant’s parent or legal guardian if Participant is under the age of 18) hereby represents and warrants that (i) he or she has read this Participant Enrollment Form in its entirety and fully understand its contents; (ii) is aware that this Participant Enrollment Form releases the Releasees from liability and contains an acknowledgement of his or her voluntary and knowing assumption of the risk of injury or illness, and (iii) further acknowledges that nothing in this Participant Enrollment Form constitutes a guarantee that the Services will be fully or partially rendered.