WAIVER OF LIABILITY AND PROSPECTIVE RELEASE FORM FOR RISE REFORMER PILATES

I confirm that I am at least 18 years of age, or that I have provided valid parental or guardian consent if under 18. I understand that I am voluntarily participating in the classes and activities offered by Rise Pilates Ltd trading as Rise Reformer Pilates.

I acknowledge and agree that the workouts are a recreational sports activity and may involve strenuous physical activity including, but not limited to stretches, lifts, use of props, use of reformer machines, gymnastic movements, strenuous bodyweight exercises and other strenuous activities that I am not obliged to perform, nor am I obliged to participate in any activity that I do not wish to do, and that it is my right to refuse such participation at any time during classes.

I understand that all forms of physical exercise carry inherent risks, and I acknowledge that I have been informed of the potentially strenuous nature of the classes. I agree to inform Rise Reformer Pilates of any known medical conditions or other factors that may place me at risk before participating. I also agree to notify the studio of any symptoms I experience before, during, or after any class. I understand that Rise Reformer Pilates may require medical clearance from a health professional before allowing participation.

I understand that if I am currently pregnant or have given birth in the past 12 months, I must consult with my health professional or lead maternity carer and obtain clearance before participating in any classes. I agree to inform Rise Reformer Pilates of my prenatal or postnatal status before attending.

I release Rise Reformer Pilates and its respective owners, officers, directors, agents, employees, and assigns (the “releasees”) from any and all liability for any loss, damage, injury, or expense that I or my next of kin may suffer as a result of my participation in the classes, activities, and services provided by Rise Reformer Pilates, to the extent permitted by New Zealand law.

I agree to indemnify and hold harmless Rise Reformer Pilates and its releasees from any and all liability for damage to property or personal injury suffered by any third party arising out of or in connection with my participation in any classes, activities, or services provided by Rise Reformer Pilates. I further agree that if any part of this agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

I confirm that I have disclosed to Rise Reformer Pilates any existing or past medical conditions that may affect my ability to participate safely in classes, including (but not limited to) back, neck or joint pain, restricted movement, heart conditions, asthma, blood pressure issues, arthritis, slipped or bulging discs, pelvic floor conditions, dizziness, diabetes, epilepsy, hernias, bone degeneration, high cholesterol, allergies, or chronic illnesses. I also confirm that I have informed Rise Reformer Pilates if I am currently pregnant, have given birth within the past 12 months, or have had surgery within the past 12 months.

Rise Reformer Pilates does not have any obligation, whether under contract, common law, or otherwise, to provide medical advice or treatment related to the health conditions I have disclosed. I acknowledge that it is my sole responsibility to manage my health and wellbeing during any exercise or activity I undertake with Rise Reformer Pilates.

I acknowledge that Rise Reformer Pilates is not responsible for any personal items that are lost, damaged, or stolen while on the premises. I understand that I am responsible for keeping my belongings safe during my attendance.

I acknowledge that Rise Reformer Pilates has CCTV cameras and audio recording devices operating in the studio for security, protection, and training purposes. Access to this footage is strictly limited to authorised personnel. I understand and consent to this surveillance while on the premises.

I grant permission for Rise Reformer Pilates to use my name, image, voice, and likeness in connection with its business for publicity, merchandising, editorial, or other lawful purposes within New Zealand and on digital platforms associated with the business. I waive any rights to inspect or approve such materials and waive any claims to royalties or compensation related to their use. This consent is given indefinitely but may be revoked in writing at any time for future use only. I understand that revoking consent will not affect any use of my name, image, voice, or likeness that has already occurred prior to the revocation.

I confirm that I have carefully read and fully understand this waiver and release form, including its terms, conditions, and the risks involved. I voluntarily agree to be bound by its provisions.

I understand that this waiver can be used as a legal defense to prevent any claims or lawsuits brought by me or on my behalf related to my participation.

Persons under 18 years of age must have a Waiver of Liability signed by a parent or guardian before attending Rise Reformer Pilates classes. By signing, the parent or guardian agrees to the terms on behalf of the minor.

Please note: terms and conditions of this release form and waiver of liability are subject to change without notice.

COVID-19 WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT

In consideration of being permitted to enter and participate in activities at Rise Reformer Pilates (the “Activity or Activities”), I, on behalf of myself and any minor children I am legally responsible for, acknowledge and agree to the following:

1.    I understand the hazards of COVID-19 and acknowledge that Ministry of Health (MOH) guidelines are regularly updated. I accept full responsibility for keeping myself informed of the latest MOH recommendations while participating in activities at Rise Reformer Pilates.

2.    I understand that Rise Reformer Pilates cannot guarantee protection against exposure to, or transmission of, COVID-19 during participation in classes, activities, or services. By choosing to participate, I acknowledge that I may be exposed to risks including physical or psychological injury, illness, disability, death, or economic loss resulting from COVID-19.

3.    Despite understanding the risks of COVID-19, I voluntarily choose to participate in the classes, activities, and services offered by Rise Reformer Pilates.

4.    I acknowledge and fully assume the risk of illness or death related to COVID-19 arising from my presence on the premises and participation in classes, activities, and services. On behalf of myself and any minor children I am legally responsible for, I release, waive, and discharge Rise Reformer Pilates and its releasees from any liability related to COVID-19 that may result from my participation.

5.    I agree to indemnify, defend, and hold harmless Rise Reformer Pilates and its releasees from any and all claims, demands, losses, expenses (including legal fees), or suits arising directly or indirectly from infection with COVID-19 or any other illness or injury related to my participation.

6.    I intend that this Waiver and Hold Harmless Agreement will be binding on my heirs, assigns, and representatives, and that it fully releases Rise Reformer Pilates and its releasees from liability.

By signing this agreement, I acknowledge that I have read and understood this Waiver of Liability and Hold Harmless Agreement. I sign it voluntarily and of my own free will. I confirm that no oral statements or inducements have been made to me other than what is written here. I am at least 18 years old and fully competent. I intend to be legally bound by this agreement.