Waiver

All clients must sign a waiver, releasing Winburn Studios of any responsibility. Be aware that anything we teach is always a suggestion, you will always know how your body feels better than anyone. 

 

I, the student, voluntarily choose to participate in Winburn Studios. This Assumption of Risk, Waiver, and Release from Liability covers the entirety of my participation, including travel to any location off site. I understand that there is a risk of personal injury in the course of instruction and, with this knowledge, agrees to assume the risk of any injury and damages to participant during the class(es) and or event(s). Specifically, participant agrees to hold harmless Winburn Studios and all other individuals, instructors, employees and other participants connected with the event from all losses, damages, injuries, causes of actions, claims, or complaints in the event that the participant is damaged or injured in any way during the participation, instruction and/or performance of any exercise or during any activity associated with the event location or during transit to or from the event. I understand and acknowledge that the use of equipment and/or facilities provided by Winburn Studios and participation in the classes involves risks including, but not limited to the following: risk of property damage, bodily injury, including, but not limited to permanent disability, paralysis, and possibly death. These risks may result from a variety of circumstances including, but not limited to, the use or misuse of the equipment or facilities, from the activity itself, from the acts of myself or others, including Winburn Studios and its agents or from the unavailability of emergency medical care. I am participating in Winburn Studios classes, coaching and other services of my own free will. I understand that my decision to participate in the classes and programs are entirely voluntary and is not a requirement. I assume full responsibility for all risks that may arise out of or result from my participation in the program, including but not limited to those risks described in section 1, above. Excepted from this section are any injuries caused by the gross negligence or willful or wanton misconduct of any officials, officers, employees, agents, or volunteers of Winburn Studios. Winburn Studios or any party designated by Winburn Studios may photograph or film me while I train with her and use of any and all such photos, video footage and/or video streaming for promotion, sales, publicity and advertising purposes for all media, including,but not limited to, the internet. Participant agrees that any pictures, audio, or visual recordings taken of him/her in connection with the class(es) can be used for publication, promotion, articles, shows and advertisement without additional consent and without compensation at this time or any other time. The required physical exertion may be strenuous and cause physical injury, and I am fully aware of the risks and hazards involved. I hereby represent that I am physically fit to receive and participate in the prescribed course of instruction. I have been examined by a licensed physician in the past 6 months and have been found to be in good health and no disability, impairment, injury, disease or ailment preventing me from engaging in active or passive exercise or which would cause increased risk or injury or adverse health consequences as a result of activities related to my training with Winburn Studios. I consent to medical treatment for emergencies that occur during or are related to my participation in group fitness where I am unable to consent to such treatment. I understand the provisions of this Assumption of Risk, Waiver and Release from Liability apply to any treatment that might be provided to me under this Section. I understand and acknowledge that I am to receive instruction in group fitness and coaching only and I will not hold you, your partners, instructors, or employees to any higher standard of care than that applicable to group fitness and coaching facilities. In the event that I am pregnant, I will not attend training classes until I have discussed the risks with my obstetrician. I will follow my doctor's recommendation and will not hold Winburn Studios responsible for any injuries to myself or my fetus caused in part or in whole by my failure to follow my doctor's recommendation. I will faithfully follow all instruction given to me by you and your instructors as to when, where and how to perform and not perform exercises, it being understood that any deviation by me from such instruction shall be at my own risk. In consideration of my being permitted to participate in the Classes, I for myself, my heirs, executors, administrators, successors, assigns and anyone else who may claim on my behalf hereby waive any and all claims, liability and damages I may now or in the future have against Katherine Ryan, its instructors and staff and all persons acting under its authority and their respective heirs, executors, administrators, successors, and assigns, arising by any means whatsoever, including, but not limited to death, injury, damages to or loss to my person or property of any kind whatsoever, no matter how caused arising from or in connection with my participation in the classes, however caused. I shall be solely responsible for any injury or damage sustained, whether for personal or bodily injury, property damage, death, sickness, disease or otherwise as a result of my use of Winburn Studios facilities, the performance of physical fitness in the heat, programs, equipment and instructors and/or any actor omission of Winburn Studios resulting from negligence or otherwise (hereinafter the "Released Items") unless such injury or damage results from the willful affirmative misconduct of Winburn Studios. This means, in part, that I am releasing unknown future claims. I further hereby release, remiss and forever discharge Winburn Studios, its directors, officers, instructors and staff and all persons acting under its authority and their respective heirs, executors, administrators, successors, and assigns from and against all demands, claims, actions, damages, costs and expenses arising from or with respect to death, injury, damages to or loss to my person or property of any kind whatsoever, no matter how caused, arising from or in connection with my participation in the Classes whether or not caused by, in whole or in part, the negligence or gross negligence of Winburn Studios. I will comply with all the rules and regulations set forth by Winburn Studios, I will hold harmless and indemnify Winburn Studios, its instructors and staff and all persons acting under its authority and their respective heirs, executors, administrators, successors, and assigns from any and all liability for any damage or injury to the property or persons of any third party resulting from my involvement in or presence during any of the Classes. The tuition paid herewith and such registration fees paid hereafter are non-refundable. I will pay a service charge of $35.00 for any payments 10 days past due. If there are any payments which are 30 days past due during the period of this Agreement, I agree to pay the remaining balance of the Agreement in full upon notice, in addition to any and all recovery charges incurred. I will not hold Winburn Studios liable for any lost or stolen property which may occur during Personal Training sessions, group classes or any sessions that are part of Winburn Studios. This Assumption of Risk, Waiver and Release from Liability shall be governed in all respects by the laws of the State of California. The parties agree to use the State of California for Jurisdiction and the County of Los Angeles as Venue for any disputes between the parties related to this Assumption of Risk, Waiver, and Release from Liability. If any term or provision of this Assumption of Risk, Waiver, and Release from Liability is held to be illegal, invalid or unenforceable, or the application thereof to any person or circumstance shall to any extent be illegal, invalid, or unenforceable under present or future laws effective during the term hereof or of any provisions hereof which survive termination, then and in any such event, it is the express intention of the parties that the remainder of the Assumption of Risk, Waiver and Release from Liability, or the application of such term, clause or provision other than to those as to which it is held illegal, invalid, or unenforceable, shall not be affected thereby, and each term, clause or provision of this Assumption of Risk, Waiver, and Release of Liability and the application thereof shall be legal, valid and enforceable to the fullest extent permitted by law. I have read and fully understand this Assumption of Risk, Waiver and Release from Liability and understand that it relates to surrendering and releasing valuable legal rights. I do so freely and voluntarily. I am not under their influence of any drugs, alcohol, or other intoxicants. I am not suffering from any illness or incapacity. I am over 18 years of age. If not over 18 years of age, parent or guardian must sign. 

 
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