Liability Waiver & Release

The Sculpt Studio

By signing up for The Sculpt Studio or any classes of any kind located at The Sculpt Studio locations, you agree to hereby forever WAIVE AND RELEASE THE SCULPT STUDIO, LLC, its employees, agents, subcontractors, managers, shareholders, and members (the “Releasees”), from any and all claims, liabilities, or causes of action arising out of an injury to me (or my child) and from any and all claims, liabilities, or cause of actions arising from (i) my (or my child’s) participation in, or attendance of, in any class, program, demonstration, or event held by, attended, sponsored, or occurring at the facility of, The Sculpt Studio, LLC, or (ii) my (or my child’s) use of any equipment furnished by, or located within the facility of, The Sculpt Studio,, LLC (foregoing parts (i) and (ii), collectively, the “Activities”).

Inherent and Potential Risks

I understand that the Activities involve strenuous physical activity associated with the Megaformer, treadmill, and use of exercise equipment. I understand that physical activity, by its very nature, carries with it certain inherent risks. I assume all risks associated with participating in the Activities relating to the risk of strenuous physical activity or use of exercise equipment. I acknowledge that I (or my child) may incur minor injuries, major injuries, and catastrophic injuries including paralysis and death.

I agree that the Releasees are not responsible for any personal items or property lost or stolen before, during, or after any Activities.

Medical Evaluation

I attest that I am (or my child is) medically and physically able to participate in all Activities in which I (or my child) participate(s). If I (or my child) experience(s) any doubt as to my (or my child’s) ability to successfully and safely participate in and/or complete the Activities, I take full responsibility for consulting a physician. I attest that, if I am (or my child is) pregnant, disabled in any way, or have recently suffered an illness, injury, or impairment, I should have or did consult a physician prior to participating in any Activities. I consent to emergency medical care and transportation in the event of injury to me (or my child) that any employee or agent of the Sculpt Studio, LLC may deem appropriate. This Release extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency, including, but not limited to, negligent emergency rescue operations.

Voluntary Participation

I am fully aware of the risks connected with participation in the Activities, whether specifically listed in this Release or not, and I voluntarily elect to participate (or allow my child to participate) in the Activities knowing that this participation involves these risks.

COVID - 19

In addition to being unprecedented, the coronavirus pandemic remains a highly fluid situation, the risks posed by the coronavirus remain. While we have taken extreme steps to keep you and our other members healthy and safe while working out within our studio, unfortunately we cannot guarantee that one of our members will not become ill with coronavirus. With that in mind, it is important to acknowledge that your choice to come into the studio is at your own risk, you assume all risk and liability associated with coronavirus infection.

Assumption of risk and release of liability relating to coronavirus/covid-19

Coronavirus has been declared a worldwide pandemic by the World Health Organization. Coronavirus is extremely contagious and is believed to spread mainly from person to person contact. As a result, federal and state governments and health agencies recommend physical distancing.

You acknowledge that The Sculpt Studio, LLC has put in place certain regulations and have taken certain preventative measures to reduce the spread of coronavirus within the facility, however The Sculpt Studio, LLC cannot guarantee that you , your guests, or your family will not be exposed or become infected with coronavirus. You understand that by accessing the studio, you may be putting you, your guests and your family at an increased risk for contacting coronavirus. You further acknowledge that individuals with health conditions such as heart disease, cancer, or diabetes may be more likely to suffer severe symptoms as a result of contracting coronavirus. By Signing Below you understand, acknowledge and agree to the following statements:

I assume the risk that I, my guests, and or my family may be exposed to and/or become infected with coronavirus and the such exposure and/or infection may result in personal injury, illness, causing mild symptoms such as fever or body aches, or more severe complications, such as pneumonia or organ failure, permanent disability or death. I understand that the risk of exposure to or infection with coronavirus may result from the acts, omissions, or negligence of myself or others, including but not limited to the employees, owners, and other members of The Sculpt Studio, LLC.

I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself, my guests or my family, illness, damage, loss, claim, liability or expense (including medical bills, attorneys’ fees, and court costs), or any kind that I, my guests or my family may experience or incur in connection with my access to the studio or participation in the services provided by The Sculpt Studio, LLC. I hereby release, covenant not to sue, discharge and hold harmless The Sculpt Studio, LLC and each employees, agents, owners, representatives, and affiliates of and from all claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or related to my access to the studio or participation in the services provided by The Sculpt Studio, LLC, whether arising out of the negligent or grossly negligent acts or omissions of any release or otherwise, and whether any coronavirus infection or exposure occurs before, during, or after access to the studio or participation in any services provided by The Sculpt Studio, LLC.

I understand that by signing this release, I am waiving any and all claims, including those claims that may be unknown to me, or which I do not suspect to exist at this time.

Assumption of Risk, Waiver of Liability, Release, and Covenant Not To Sue

In consideration for being permitted to participate in the Activities, I voluntarily agree for myself, my family, heirs, assigns, executors, and administrators to the following:
1. TO ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, OR PERSONAL INJURY, INCLUDING DEATH that may be sustained by me (or my child), or any loss or damage to property owned by me (or my child), as a result of participating in the Activities.

2. TO RELEASE, WAIVE, HOLD HARMLESS, DISCHARGE, AND COVENANT NOT TO SUE the Releasees from any and all liability, claims, actions, demands, expenses, attorney fees, breach of contract actions, breach of statutory duty or other duty of care, warranty, strict liability actions, and causes of action whatsoever, that I (or my child) might have or may acquire in the future, arising out of or related to any loss, damage, or injury, including death, that may be sustained by me (or my child), or to any property belonging to me (or my child), while participating in the Activities including, but not limited to, any claim that the act or omission complained of was in whole or in part by the negligence or carelessness of the Releasees.

Acknowledgment and Compliance with Rules

I agree to observe all rules and safety procedures that accompany the Activities and to abide by any decision of an employee or agent of The Sculpt Studio, LLC relative to my (or my child’s) ability to safely participate in the event. I agree to exhibit appropriate behavior at all times and to obey all laws. The Sculpt Studio, LLC, its agents and/or employees may dismiss me (or my child), without refund, should my (or my child’s) behavior endanger the safety of or negatively affect an event, person, facility, or property of any kind.