TERMS OF SERVICE
RELEASE OF LIABILITY
Sol Barre LLC.
In exchange for participation in the activity of barre classes and all related exercises and services organized by Sol Barre, LLC, a Montana limited liability company d/b/a Sol Barre Studio, of 867 S. 29th Ave. Unit 106, Bozeman, MT 59718, including all locations both brick and mortar and virtual, and at any classes conducted at any location elsewhere, whether in person or virtual recorded classes that are not lead by a live instructor, and/or the additional use of the property, facilities, services of Sol Barre, LLC, I, ____________________________, agree for myself and (if applicable) for members of my family, to the following:
1. ASSUMPTION OF THE RISK AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Sol Barre, LLC for injury, loss or damage arising out of my or my family’s use of or presence upon the facilities of Sol Barre, LLC, whether caused by the fault of myself, my family, Sol Barre, LLC or other third parties; and
I recognize the assumption of risk includes injury or damage sustained while at and/or resulting from using any premises or facility, including all locations both brick and mortar and virtual, and at any classes conducted at any location elsewhere, whether in person or virtual recorded classes that are not lead by a live instructor, and/or the additional use of the property, facilities, services of Sol Barre, LLC, or using any equipment, whether given by Sol Barre, LLC, or the employees, representatives or agents of Sol Barre, LLC, or otherwise, including injuries or damages arising out of the negligence, whether active or passive, of Sol Barre, LLC, or the employees, representatives or agents of Sol Barre, LLC; and
I understand that during the barre classes which I attend, instructors at Sol Barre Studio may physically touch me while I am engaged in an exercise which is part of the program and I fully hereby agree that I will release Sol Barre, LLC, and any employed instructor of Sol Barre, LLC who may touch me, from any injury or damage that may occur to me during the class for which injury could be attributable to the touching of me during the class by any instructor of Sol Barre, LLC, pursuant to Section 2 below for any injury or other damages which I may sustain; and
I further recognize that I am in sufficient health and condition to participate in one or more barre classes in a safe and healthy manner and I understand that barre classes and related exercises require physical exertion which may be strenuous and that I am fully aware of the risks and hazards involved; and
I understand that it is my responsibility to consult with a physician prior to and regarding my participation in one or more barre classes and that I am physically fit and do not have any medical condition which would prevent my full participation in one or more barre classes; and
I agree to assume full responsibility for any risks, injuries, or damages known or unknown which may occur as a result of my participation in one or more barre classes; and
I agree to observe and obey all posted rules and warnings, and further agree to follow any verbal instructions or directions given by Sol Barre, LLC, or the employees, representatives or agents of Sol Barre, LLC; and
I agree I will act in a safe and responsible manner, and engage in the practice of barre classes in a safe and responsible manner, and
I acknowledge this waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, (c) negligent instruction or supervision, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of a premises or while traveling to or from the facility, including injuries resulting from negligent inspection or maintenance of the facility or premises of Sol Barre, LLC.
2. RELEASE OF LIABILITY AND INDEMNITY. I agree to indemnify, defend, and hold harmless Sol Barre LLC, or the employees, representatives or agents of Sol Barre, LLC, against all claims, loss, liability, causes of action, damages, judgements, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family’s use of or presence upon the property and/or the facilities of Sol Barre, LLC; and in consideration of being permitted to participate in Sol Barre Studio barre classes and being permitted to attend and participate in every class that I attend as set forth in Section 1 above, I hereby knowingly and voluntarily expressly waive any claim which I may have against Sol Barre LLC, or the employees, representatives or agents of Sol Barre, LLC, for any injury or damages that I may sustain as a result of participating in any barre class taught by, sponsored by, or affiliated with Sol Barre LLC.
3. FEES. I agree to pay for all damages to the facilities of Sol Barre, LLC caused by any negligent, reckless, or willful actions by me or my family.
4. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Montana law.
5. PARENT/GUARDIAN CONSENT OF A MINOR. I, ________________________________, consent to the participation of my minor, ________________________________, in the activity of barre classes, and agree on behalf of the above minor to all of the terms and conditions of this Agreement. By signing this Release of Liability, I represent that I have legal authority over and custody of ________________________________.
6. MEDICAL AUTHORIZATION OF A MINOR. In the event of any injury to the above minor during the above described activities, I give my permission to Sol Barre LLC, or to the employees, representatives or agents of Sol Barre, LLC to arrange for all necessary medical treatment for which I shall be financially responsible. This temporary authority will begin on ____________ and will remain in effect until terminated in writing by the undersigned or when the above described activities are completed. Sol Barre LLC, or the employees, representatives or agents of Sol Barre, LLC, shall have the following powers:
The power to seek appropriate medical treatment or attention on behalf of my child as may be required by the circumstance, including without limitations, that of a licensed medical physician and/or hospital;
The power to authorize medical treatment or medical procedures in an emergency situation; and
The power to make appropriate decisions regarding clothing, bodily nourishment and shelter.
7. ACKNOWLEDGEMENTS. I agree and acknowledge that I have carefully read this Agreement and fully understand that it is a release of liability, express assumption of risk and indemnity agreement. The foregoing assumption of risk, release of liability, fees, and applicable law is intended to be as broad and inclusive as permitted by the law in the State of Montana and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire.
I agree and acknowledge this Agreement and each of its terms are the product of an arm’s length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretations of this Agreement, or any of its provision, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
I agree and acknowledge the invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of an other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
I agree and acknowledge that by executing this Release of Liability, I am giving up my right to bring legal action or assert a claim against Sol Barre, LLC, a Montana limited liability company d/b/a Sol Barre Studio, or the employees, representatives or agents of Sol Barre, LLC.
8. EMERGENCY CONTACT
In the case of an emergency, please call:
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Name
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Relationship
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Phone Number
I HAVE READ THIS RELEASE OF LIABILITY, AND I UNDERSTAND AND AGREE TO ALL OF THE TERMS AND CONDITIONS APPLIED IN THIS AGREEMENT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.
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Printed Name
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Signature
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Date