This Agreement is entered into between Barre & Beyond, Bean Shindell (“Trainer”), and the undersigned individual (“Client”). Participation in any classes or activities provided by Barre & Beyond or Trainer, including use of facilities, equipment, or online platforms, is contingent upon agreement to the terms outlined herein.
ASSUMPTION OF RISK
I understand that participation in Barre & Beyond activities (the “Activities”) includes, without limitation, physically and mentally strenuous activities such as ballet, ballet-inspired fitness, personal training, GYROTONIC® and GYROKINESIS® methods, yoga, Pilates, stretching, mobility work, nutrition coaching, and other exercise, movement, or wellness services. These Activities may take place in-person at a studio or other facility, at a location chosen by the client such as their own in-home studio, outdoors, or virtually via online platforms.
I acknowledge that these Activities carry inherent risks, including but not limited to: bodily or mental injury, illness, permanent disability, death, or property loss, whether caused by my own actions, those of others, or conditions related to the physical or virtual environment. I understand that even with precautions, risks cannot be eliminated.
I accept full responsibility for my health and participation. I affirm that I am physically and mentally fit to participate, and will consult my healthcare provider regarding any condition that could affect my ability to safely participate. I agree to stop participation if I feel unwell or unsafe at any point.
I acknowledge that participating in virtual classes may present additional risks, including but not limited to: limited trainer supervision, injuries sustained in a non-gym environment, or technology malfunctions. I agree to ensure my workout space is safe, clear, and suitable for participation.
RELEASE AND WAIVER OF LIABILITY
In consideration of being allowed to participate in the Activities, I, on behalf of myself and my heirs, executors, administrators, assigns, and personal representatives, hereby voluntarily release, waive, and discharge Barre & Beyond, its owners, instructors, employees, contractors, agents, affiliates, Trainer (Bean Shindell), and all associated individuals or entities (“Releasees”) from any and all claims, liabilities, demands, damages, or causes of action arising out of or related to the Activities, including any claims arising from: Negligent instruction, supervision, or training; Malfunction or improper maintenance of any equipment or facilities; Slipping, falling, or accidents on premises; Online technology failure or home environment risks; Use of my name, image, likeness, or voice in class recordings or promotions; Exposure to communicable diseases, including but not limited to COVID-19; Any other alleged negligence or omission by Releasees.
I agree not to bring any legal action against Releasees and expressly waive any claims for damages, including personal injury, property loss, or wrongful death.
INDEMNIFICATION
I agree to indemnify, defend, and hold harmless the Releasees from and against any and all claims, costs, damages, losses, and expenses (including attorneys’ fees) arising out of or related to my participation in the Activities, whether in person or online.
COVID-19 ADDENDUM
I understand that COVID-19 is a highly contagious virus and that participation in in-person classes carries inherent risks of exposure. I agree:
Not to attend in-person classes if I am experiencing symptoms or have been recently exposed;
That despite mitigation efforts, Barre & Beyond cannot eliminate all risk of transmission;
That I voluntarily assume the risk of exposure and release all claims related to contracting COVID-19 in connection with any in-person activity.
MEDIA RELEASE
I grant permission for Barre & Beyond and Trainer to capture and use my likeness (including name, image, voice, or performance) in photographs, recordings, or promotional materials, with no expectation of compensation. I waive any right to inspect or approve such materials.
MINOR PARTICIPANTS
If the participant is under 18 years of age, the undersigned parent or legal guardian agrees to the terms above and further agrees to: Approve the minor’s participation in all Activities; Assume all risks on behalf of the minor; Release, indemnify, and hold harmless all Releasees for claims arising from the minor’s participation; Be fully responsible for the minor’s adherence to this agreement.
GENERAL PROVISIONS
This Agreement is governed by the laws of the state of Colorado. If any portion of this agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. This waiver is intended to be as broad and inclusive as permitted by applicable law.