Pilates by Bunker – Comprehensive Liability Waiver and Release Agreement

(California – Studio Location)

This agreement is entered into by and between Pilates by Bunker (the “Studio”) and the undersigned individual (the “Client”). This agreement affects your legal rights. Please read it carefully before signing.

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1. Voluntary Participation and Acknowledgement of Risk

The Client understands and agrees that participation in any physical activity at Pilates by Bunker is entirely voluntary. The Client acknowledges that participation in exercise and fitness-related activities involves inherent risks, including but not limited to:

• Sprains, strains, broken bones, soft-tissue injuries

• Joint or back injuries

• Cardiovascular events (e.g., heart attack, stroke)

• Neurological injuries

• Sudden or chronic medical complications

• Permanent disability or death

The Client acknowledges that these risks may arise from their own actions or inactions, the actions or inactions of others, the conditions of the facility or equipment, or the negligence of the Released Parties.

By signing this agreement, the Client expressly and voluntarily assumes all risks of injury, illness, disability, or death that may result from participation in the Studio’s programs or use of its equipment or premises, whether such risks are known or unknown, anticipated or unanticipated.

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2. Health and Medical Acknowledgement

The Client affirms that they are in good physical condition, have no condition that would prevent safe participation, and have either:

• Obtained clearance from a physician to engage in exercise activity, or

• Chosen to participate voluntarily despite the inherent medical risks.

The Client is solely responsible for monitoring their physical condition during all Activities and agrees to stop and seek assistance if they experience pain, discomfort, or any symptoms of distress. The Studio makes no representations or warranties concerning the suitability of any program for any individual and disclaims any liability for failure to do so.

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3. COVID-19 and Infectious Disease Waiver

The Client understands and accepts that participation in in-person services may expose them to communicable illnesses, including but not limited to COVID-19, influenza, RSV, or other contagious pathogens. The Studio cannot eliminate all risks of exposure. The Client knowingly and voluntarily assumes all risk of illness, long-term complications, or death related to such exposure, and agrees not to hold the Studio or its affiliates liable in the event of infection.

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4. Waiver and Release of Liability

To the maximum extent permitted by California law, the Client hereby waives, releases, and forever discharges Pilates by Bunker and all related parties, including owners, franchise affiliates, instructors, employees, independent contractors, and agents (collectively the “Released Parties”), from:

• Any and all liability, claims, demands, or causes of action, whether known or unknown, arising out of or related to the Client’s participation in the Activities or use of Studio services, facilities, or equipment, including but not limited to:

  • Negligence (ordinary or gross)

  • Premises liability

  • Product or equipment malfunction

  • Instructional or coaching decisions

  • Acts or omissions by other clients or participants

This release specifically includes claims related to bodily injury, illness, psychological injury, property damage, permanent disability, and death.

The Client expressly agrees that this waiver is intended to be as broad and inclusive as permitted by California law, and that if any portion is held invalid, the remainder shall continue in full legal force and effect.

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5. Indemnification

The Client agrees to indemnify and hold harmless the Released Parties from and against any and all claims, demands, actions, causes of action, damages, legal fees, and costs arising out of or related to:

• Their own participation in Studio Activities;

• Any breach of this agreement;

• Any injury or damage they cause to themselves or others while participating.

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6. Photography and Media Release

The Client grants permission for Pilates by Bunker to use photographs, videos, or recordings for marketing, advertising, or educational purposes, unless otherwise indicated in writing. No compensation will be provided for such use.

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7. Cancellation and Attendance Policy

The Client agrees to the Studio’s policies:

• Group Classes: For mornings classes it must be canceled at least 10 hours prior to the scheduled start to avoid forfeiture of a class credit or a $15 late cancel fee in case of membership and for afternoon classes it must be canceled at least 8 hours prior to the scheduled start to avoid forfeiture of a class credit or a $15 late cancel fee in case of membership .

• No show fee: No-shows will result in forfeiture of a class credit or a $20 late cancel fee in case of membership.

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8. Legal Provisions

This agreement shall be governed by the laws of the State of California. It is intended to be binding upon the Client, their heirs, assigns, personal representatives, and successors. Any legal action or dispute shall be brought in a court of competent jurisdiction in the state of California.

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9. Acknowledgment and Voluntary Execution

By signing below, the Client affirms that:

• They have read and understood this agreement in its entirety;

• They understand that by signing this waiver, they are giving up significant legal rights, including the right to sue for injury, illness, or death;

• They are signing this agreement freely and voluntarily, without coercion or reliance on representations outside of this document.