STUDIO K POLE, LLC
ASSUMPTION OF RISK, WAIVER / RELEASE OF LIABILITY,
AND INDEMNITY AGREEMENT
1. Assumption of Risk. I hereby acknowledge and agree that my use of the facilities, services, exercise equipment, classes, training, programs, events or premises of any type, public or private, (the “Premises”) offered by STUDIO K POLE, LLC, its trainers, affiliates, employees, agents, representatives, insurers, officers, and owners (together the “Company”) involves risks of injury to persons and property, including without limitation, loss or theft to personal property. I understand, voluntarily accept, and assume full responsibility for such risks, which include (but are not limited to) injuries arising from use of exercise equipment and machines; injuries arising from participation in supervised or unsupervised activities, physical exercise, aerobic activities (including pole dancing), or other activities, events, classes, or programs (“Activities”); injuries and medical disorders arising from exercising or participation in Activities, such as heart attacks, strokes, heat stress, sprains, broken bones, and torn muscles and ligaments, among others; accidental injuries occurring in dressing rooms, showers and other facilities; and injuries so severe they result in permanent disability, head injury, paralysis, and even death. I acknowledge that I have been advised to obtain a physical examination from a physician before participating in any exercise activity.
2. Release. I agree on my behalf (and on behalf of my personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge the Company from any and all claims or causes of action (known or unknown) arising out of the negligence of, whether active or passive, the Company. To the fullest extent allowed by law, this waiver and release of liability includes, without limitation, injuries that may occur as a result of (a) my use of any exercise equipment or facilities that may malfunction or break, (b) grossly negligent maintenance of any exercise equipment, premises or facilities, (c) grossly negligent instruction or supervision, including personal training, (d) grossly negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of the Premises or while traveling to or from Activities, including injuries resulting from the Company’s or anyone else’s negligent inspection or maintenance of the Premises.
3. Indemnification. By execution of this Agreement, I hereby agree to indemnify and hold harmless the Company, and its trainers, owners, officers, agents, employees, successors and assigns from any and all loss, liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly, arising out of or relating to any loss, damage, or injury, including death, that may be sustained by me relating to my participation in any Activities while in, on, or around the Premises and/or while using the Company’s facilities, tools, equipment or materials.
4. Acknowledgements. I expressly agree that the foregoing release, waiver, assumption of risk and indemnity agreement is intended to be as broad and inclusive as permitted by the laws of the State of Washington and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
4.1 I acknowledge that I have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk, and indemnity agreement. I am aware that, by executing this waiver and release, I am giving up my right to bring a legal action or assert a claim against the Company for the Company’s gross negligence, or for any defective product used while receiving instruction from the Company. I have read and voluntarily signed the waiver and release and further agree that no oral representations, statement, or inducement apart from the foregoing written agreement have been made.
4.2 In lieu of a medical certificate signed by a doctor, I represent (a) that I am in good physical and mental condition and have no disability, illness, or condition that could prevent me from exercising without injury or impairment of health or participating in any class, activity, workshop, or service provided by the Company, and (b) that I have consulted a physician concerning a program that will not risk injury or impairment of my health.
5. Age/Conduct. I represent that I am eighteen (18) years of age or older. I agree to comply with the Company’s Code of Conduct. I also agree to conduct myself in a controlled and reasonable manner at all times and to refrain from using any equipment or engage in any Activities in a manner inconsistent with its intended design and purpose. I understand that if I violate the Code of Conduct, as determined in the sole discretion of the Company, I may be asked to leave the Premises. I agree to abide by all policies and terms listed on studiokpole.com
6. Dispute Resolution. In the event that any dispute arises from this Agreement, which cannot be resolved, such matter shall be settled by binding arbitration pursuant to the provisions of RCW 7.04. The arbitration will be conducted under the procedural rules (but not administration) of the American Arbitration Association. The arbitration shall take place in Kitsap County, Washington, or such other location as the parties agree, and shall commence within sixty (60) days of the appointment of the arbitrator.
7. Attorney’s Fees. Unless otherwise provided herein, in the event an action is brought to determine the rights of a party, the prevailing party shall, in addition to all other relief to which the prevailing party is entitled, shall be entitled to recover from the other party the prevailing party’s costs, including reasonable attorney’s fees during arbitration, at trial, and on appeal.
8. Miscellaneous. This Agreement shall be construed and enforced in accordance with the internal laws of the State of Washington. No presumption shall arise as of one party or the other, or such party’s agent, having drafted all or any portion of this Agreement. This Agreement constitutes the entire agreement between the parties, and I am not relying on any oral or written representations other than what is set forth in this Agreement. The failure of the Company to seek redress for violation of or to insist upon the strict performance of any terms or conditions of this Agreement, shall not prevent a subsequent act, which would have originally constituted a violation, from having the effect of an original violation. If any provision of this Agreement or the application thereof to any party or circumstance shall be invalid, illegal or unenforceable to any extent, the remainder of this Agreement and the application thereof shall not be affected and shall be enforceable to the fullest extent permitted by law.
