Terms of servicE
RELEASE AND WAIVER AGREEMENT
We’re so happy to have you here with us at Heartcore! Before we allow you to participate in any of the classes at our studio, you must read and agree to the following agreement.
The purpose of this release and waiver (this “Waiver”) is to:
Inform you about the activities we’ll be doing together and what the risks of those activities are; Have you acknowledge that you are healthy enough to participate in the activities; Have you choose to voluntarily participate in the activities with a full understanding of the risks; and Release us from any and all liability related to you participating in Pilates classes with us.
PLEASE READ CAREFULLY, UNDERSTAND FULLY, AND ASK QUESTIONS IF ANYTHING IS UNCLEAR. WE ARE HERE TO SUPPORT YOU. MAKE SURE YOU UNDERSTAND THIS WAIVER. BY SIGNING, YOU UNDERSTAND YOU ARE SIGNING AWAY YOUR LEGAL RIGHTS AND YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS WAIVER.
Parties. We will refer to The Heartcore Company LLC as “Heartcore”, “us”, or “we” and we’ll refer to you, the undersigned, as “you” or “your.”
The Activities. You will be participating in Pilates classes at Heartcore. We offer special types of Pilates classes, all of which involve using the Megaformer M3S machine (the “Machine”). This machine has two stable platforms (one on the front, one on the back) and a gliding carriage in the middle. You will be doing our unique types of Pilates classes on these machines.
The classes may involve the following activities (collectively, the “Activities”): flexibility training in the form of stretching, mobility, range of motion exercises, resistance movements and weight resistance positions on the Machine. Specifically, the Activities will include but are not limited to: standing lunges, planks, push-ups and squats. The movements are done slowly for up to two minutes at a time. You’ll always be using the Machine which has different moving parts, so it will be important to always remain aware of this. Additionally, there is free standing pole beside the Machine which is used for balance throughout the workout. Please be aware. The pole can fall over or get knocked down during class.
The constant in all of these classes is that the classes will involve stretching and movement on the Machine either with weight resistance handles or just on the machine itself. We require you to wear grip socks during the workout. Since you will be barefoot, or wearing grip socks, there is possibility for you may slip or fall. Please refrain from running or hurrying throughout the space.
Inherent Risks. You understand that participating in the Activities has inherent risks, some of which are more obvious than others. Injuries include but are not limited to: muscle tears, muscle strains and other musculoskeletal injuries, sprains, broken bones, cardiovascular complications, dizziness, risk of concussion if you knock your head, exhaustion, dehydration and fainting.
The risks listed above in Section 3 can result in serious harm and injuries that could change your quality of life and, in rare and extreme circumstances, may even result in permanent disability or death. You will progress at your own pace and will listen to your body.
Affirmation of Health. Before participating in any Activities at Heartcore, you agree that you have sought medical advice regarding your ability to safely practice Pilates on the Machine. If you have not sought such advice, you must be certain that your medical and fitness levels are sufficient to participate safely in the Activities. At any point, if you do not feel well during the Activities, you agree to pause your practice and communicate any problems to our instructors.
Voluntary Assumption of Risk. You have read this Waiver and understand the risks of participating in the Activities with Heartcore. Your signature below and your participation in the classes at Heartcore illustrate your voluntary participation and assumption of the risks of doing so.
Release, Waiver, and Indemnity. YOU HEREBY RELEASE THE HEARTCORE COMPANY LLC AND ITS DIRECTORS, OFFICERS, CONTRACTORS, EMPLOYEES, VOLUNTEERS, AGENTS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, FAMILY MEMBERS, AND ASSIGNS (THE “RELEASED PARTIES”), TO THE FULLEST EXTENT PERMITTED BY LAW, FROM ANY LIABILITY AND DAMAGES ARISING FROM PERSONAL INJURIES OR DEATH, HOWEVER CAUSED, INCLUDING OUT OF NEGLIGENCE, DURING YOUR PARTICIPATION IN THE ACTIVITIES AT HEARTCORE. YOU ARE RELEASING THE RELEASED PARTIES AT YOUR OWN RISK AND YOU AGREE TO FORFEIT ANY AND ALL FORMS OF LEGAL RECOURSE WHICH MAY BE AVAILABLE TO YOU, INCLUDING BUT NOT LIMITED TO ANY FORM OF DAMAGES, AS A RESULT OF YOUR PARTICIPATION IN THE ACTIVITIES. You agree that these provisions above apply to you, your family, heirs, executors or anyone else who may be able to bring a legal action on your behalf in the future. If Heartcore, incurs attorney’s fees and costs to enforce this Waiver, you agree to reimburse Heartcore for such fees and costs.
General Legal Provisions. Jurisdiction. This Waiver will be governed exclusively by the laws of the State of California.
Severability. If any provisions of this Waiver are invalid or unenforceable, the other provisions in this Waiver will remain in full force and effect.
Entire Agreement. This Waiver constitutes the entire agreement between the parties and replaces any prior agreements, promises, or commitments. This Waiver may not be amended, changed, or altered except by another written agreement.
Headings. The headings used in this Waiver are for stylistic purposes only and none of the content in the headings are intended to be legally binding.