VOLUNTARY ASSUMPTION OF RISK, WAIVER, AND INDEMNIFICATION

We will refer to 1000250416 ONTARIO INC., as “us,” “THE STUDIO”, “THE STUDIO PEC”, or “we” and we’ll refer to you as “you.” PLEASE READ CAREFULLY, UNDERSTAND FULLY, AND ASK QUESTIONS IF ANYTHING IS UNCLEAR. THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS. READ IT CAREFULLY! In consideration for us allowing you to participate in the classes, private training, and services offered at THE STUDIO PEC, you agree as follows:

1. You, the participant, are aware that there are risks associated with participating in fitness activities and exercise. Your participation is completely voluntary, and you freely accept and fully assume all responsibility for all risks, and all possibilities of personal injury, death, property damage or loss to yourself or any other person as a result of your participation in fitness activities. You and your heirs, next of kin, executors, administrators and assigns agree:

(a) to waive all claims, known or unknown, that you have or may have in the future against THE STUDIO PEC, including their owners, officers, directors, agents, employees, volunteers, business operators, independent contractors and site property owners or lessees (the organization);

(b) that THE STUDIO PEC is not liable or responsible for any damage to, loss or theft of your property;

(c) to release and forever discharge THE STUDIO PEC from all liability for any personal injury, death, property damage or loss resulting from your participation in fitness activities due to any cause, including but not limited to negligence (failure to use such care as a reasonably prudent and a careful person would use under similar circumstances), breach of any duty imposed by law, breach of contract or mistake in error of judgment of THE STUDIO PEC; and

(d) to be liable for and to hold harmless and indemnify THE STUDIO PEC from all actions, proceedings, claims, damages, costs demands, including court costs on a solicitor and own client basis, and liabilities of whatsoever nature or kind arising out of or in any way connected with your participation in fitness activities.

2. Risks of what we are doing together. You understand that participating in the classes, private training, retreats and services that we offer at THE STUDIO PEC are activities that have inherent risks, some of which are more obvious than others. These risks can result in serious harm and injuries that could change your quality of life and in very rare and extreme circumstances may even result in death. Risks of these activities include but are not limited to the following:

2.1. Risks of movement, yoga, dance, and mat Pilates classes/privates: muscle pulls, tears, and strains; sprained or broken bones; injuries from falling such as bruising or cuts; dizziness; fainting; feeling tired; erratic behavior by other students resulting in collision with other students and/or you.

2.2. Risks of Reformer Pilates classes/privates: in addition to the risks outlined in Section 2.1 above, Reformer Pilates classes/privates can result in cuts, bruises, or other injuries if the Reformer machines break or are used improperly.

2.3. Risks of pre and postpartum yoga/Pilates. This section of the document applies only to folks who are pregnant, have recently become pregnant or think that they may be pregnant (together, “Pregnant”). Practicing yoga or Pilates movements while Pregnant comes with its own risks that you should be aware of before participating. It is understood that all of the risks of practicing yoga/dance/Pilates outlined in section 2.1 and 2.2 above apply equally to practicing while pregnant. In addition to these risks, practicing yoga/Pilates while pregnant can result in failed pregnancy, birth defects and enhanced nausea.

You understand that THE STUDIO PEC offers a wide range of movement modalities and that any time you are moving your body there are certain cardiovascular and skeletomuscular risks. You agree to progress at your own pace and inform the instructor if at any time you feel unwell or unable to perform a movement safely.

3. Medical Advice. You acknowledge that you will consult with a physician prior to your participation in THE STUDIO PEC classes/privates or that you are certain that your medical and fitness levels are sufficient for you to participate. You acknowledge that your mental health and physical conditions will not prevent your full participation in dance, yoga, Pilates and other THE STUDIO PEC classes/privates, and that you will disclose any serious medical conditions or injuries to the instructor prior to beginning a class in order to determine whether you can partake.

4. Class Series and Expiry. Please see the studio website or come in person for all class packages, descriptions of the classes, list of instructors, and the price and expiry of each package. All classes, packs, passes, and sessions are non-refundable and non-transferable. All clients must have their own account.

5. Class Cancellations. We are reasonable, so if something comes up, please let us know by cancelling your class online or by e-mail at least 24 hours prior to your class and we can cancel or reschedule your class free of charge. If you have to cancel less than 24 hours before a booked class, you will lose the class. If you cancel inside 2 hours or no-show to class you will be charged $5 for mat classes and $10 for reformer classes. For this reason, all clients must have a valid credit card on file.

6. Media Release. You agree to grant us the irrevocable right and permission to use, throughout the world and in perpetuity, your image, likeness, photographs, video content, audio recordings or any other record of you that is submitted to us directly (via email, Facebook, Instagram or other messaging service) or posted on your social media account with THE STUDIO PEC or any other affiliated hashtags or that tags THE STUDIO PEC’s social media account, whether captured by you, us, or a third party, for any purpose whatsoever without asking you for permission. You also release us from all claims that you may have in relation to the use of your image and any posts made by you in the ways mentioned above. This gives us permission to use photos and videos of you that we take during our classes and at our studio or that you post on your social media account that are related to your workouts or experiences with THE STUDIO PEC. For example, it gives us permission to repost photos of you that tag us.

7. Intellectual Property. You acknowledge that trademarks and copyrighted materials of THE STUDIO PEC are proprietary to Us and may not be used by you for any reasons other than as expressly permitted by these terms. All website content and design, text, graphics, and interfaces and all software are the property of THE STUDIO. You have the right to view, electronically copy and print in hard copy portions of the Website for the sole purpose of making class reservations, purchases, or other personal use. Any other uses of the materials on the Website without the prior written permission of THE STUDIO PEC is strictly prohibited.

8. Dispute Resolution. If problems arise we want to be prepared and know that you are willing to have honest and open communication. If a dispute arises out of, or in connection with this Agreement, the parties agree to meet in person with an objective third party to act as the mediator, to be selected using a roster mediator, to pursue resolution through negotiation and mediation before resorting to further legal recourse or litigation.

9. Minors. In Ontario, if you are under the age of 18 you are considered to be a minor. We would still love for you to attend classes, but as a new student you must have a parent or guardian come into the studio to sign this waiver and release form on your behalf.

10. Other Terms. This Agreement will be governed by the laws of Ontario. If any provisions of this Agreement are invalid or unenforceable, the other provisions in the Agreement will remain in full force and effect. The headings used in this Agreement are for stylistic purposes only and none of the content in the headings are intended to be legally binding.

I HAVE READ THIS VOLUNTARY ASSUMPTION OF RISK, RELEASE AND INDEMNITY AGREEMENT (THE “WAIVER”) AND FULLY UNDERSTAND ITS CONTENTS AND VOLUNTARILY AGREE TO ITS TERMS. I AM AWARE THAT THIS IS A BINDING LEGAL CONTRACT AND THAT BY SIGNING THIS AGREEMENT/USING THIS WEBSITE/PARTICIPATING IN CLASSES & SESSIONS, I AM GIVING UP CERTAIN RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS AND ASSIGNEES MAY HAVE.