General Release, Liability Waiver, and Indemnity Agreement
PLEASE READ CAREFULLY BEFORE SIGNING
This General Release, Liability Waiver, and Indemnity Agreement (“Release, Waiver, and Indemnity”) is agreed to by the undersigned below and is given in exchange for being able to participate in Pole Impact, Inc.’s fitness, strength, and wellness activities, including strength training, pole fitness, and aerial acrobatics (“Pole and Aerial Activities”). I desire to participate in the Pole and Aerial Activities and understand that engaging in such activities is inherently risky, will involve extreme physical exertion, and may involve personal injury (to myself, my property, or others). Some of those risks may include wet and uneven surface conditions, temperature extremes, strains, bruises, tears, extreme pain, fractures, broken bones, head injuries, paralysis, and other similar traumas, which could result in lifelong injuries or even my death. I understand Pole Impact, Inc., an Arizona nonprofit corporation (“Pole Impact”) would not consent to my participation in the Pole and Aerial Activities without my acknowledgment and agreement to this Release, Waiver, and Indemnity and my representations and warranties contained herein. I hereby represent and warrant to Pole Impact as follows:
I am aware of the risks associated with participating in the Activities, including but not limited to strains, bruises, tears, extreme pain, fractures, broken bones, head injuries, paralysis, and other similar traumas, which could result in lifelong injuries or even my death. I understand that these risks may be caused by my own acts or omissions (intentional or negligent) or the negligence of others.ith my physician who has confirmed I am competent and able to safely participate in the Pole and Aerial Activities.
I acknowledge that Pole Impact is in no way responsible for the safekeeping of my personal items.
I am aware of the risks associated with participating in the Pole and Aerial Activities, including but not limited to strains, bruises, tears, extreme pain, fractures, broken bones, head injuries, paralysis, and other similar traumas, which could result in lifelong injuries or even my death. I understand that these risks may be caused by my own acts or omissions (intentional or negligent) or the negligence of others.
Notwithstanding the risks associated with engaging in Pole and Aerial Activities and the injuries that could result, I (on behalf of myself and my heirs, personal representatives, successors, and legal representatives) hereby release, discharge, and waive all claims, rights, and remedies that I may have, now or in the future, against Pole Impact, Oro Valley Psychiatry, and any other owner, tenant, or occupant of the building where the Pole and Aerial Activities are performed, their shareholders, officers, directors, members, managers, employees, contractors, volunteers, associates, agents, and representatives (collectively, the "Released Parties") for all damages (including personal injury or even death), liabilities, losses, injuries, costs, and expenses (collectively, “Damages’) I may incur arising from, relating to, or in any way connected with my participation in the Pole and Aerial Activities. By engaging in the Pole and Aerial Activities, I hereby assume the risk of such Damages.
I understand I am responsible for my own safety and wellness and I am capable of engaging in the Pole and Aerial Activities and maintaining and managing my own safety and wellness, and I am willing to assume and take on the risks of the Pole and Aerial Activities and want to participate in them. By clicking below, I hereby waive my right to file any legal or other action and agree not to sue any of the Released Parties on account of such Damages or relating to any of the claims released hereby, even if the claims arise from the negligence of the Released Parties or anyone else.
I also agree to indemnify, defend, protect, and hold harmless the Released Parties from any Damages they incur, including defending any claim made against them, arising from, relating to, or connected with my acts or omissions, even if the claim is alleged to have resulted from or actually resulted from the negligence of the Released Parties or anyone else.
Nothing contained in this Release, Waiver, and Indemnity requires me to indemnify the Released Parties to the extent the Damages are caused by their own intentional misconduct or gross negligence.
I understand that there is no obligation for anyone to provide medical care to me if I am injured while participating in the Pole and Aerial Activities. If medical care is rendered, I consent to that care if I am unable to give consent at the time.
I hereby grant Pole Impact, Inc. the irrevocable right and permission to use photographs and/or video recordings of me taken during Pole and Aerial Activities for marketing, promotional, educational, and fundraising purposes. This includes, but is not limited to, use in printed materials, online publications, social media, and websites without compensation. I waive the right to inspect or approve the finished product or any copy that may be used in connection therewith. I also waive any rights to royalties or other compensation arising from or related to the use of my image or recordings. If I do not wish to be photographed or recorded, I understand I must notify the instructor in writing prior to class or event.
A minimum of 6 hours notice is required for any and all cancellations. Clients must manage their own cancellations through the online booking system. All bookings are made online and are non-refundable. Bookings cancelled before the 6-hour policy are able to be transferred to a different date. If bookings are missed due to non-attendance, or cancelled within the 6-hour period, then this is done so at the responsibility of the client and will not be refunded or transferred. A $25 no show fee will be collected. A client may be refused attendance if they arrive late. A lateness of 10 minutes or more may result in the Instructor determining they are unable to continue. A class missed due to lateness will not be transferred or refunded. Bookings may be cancelled due to adverse weather conditions, civil unrest and safety issues in the studio or its surroundings. The Instructor will endeavor to give minimum of 2 hours notice for booking cancellations. Any cancellations by the Instructor will be refunded to the Client.
To ensure a safe and comfortable environment for all participants, clients agree to refrain from wearing lotion, strong perfumes, and jewelry during pole and aerial activities at Pole Impact. Lotion can create a slippery surface, reducing grip on poles and apparatuses, while perfumes and jewelry can pose safety hazards and cause distractions. By signing below, you acknowledge that following these guidelines is essential to maintain a safe space for yourself and others.
This Release, Waiver, and Indemnity shall be governed by and construed in accordance with the laws of the State of Arizona. Any dispute arising out of or relating to this liability waiver shall be resolved exclusively in the state or federal courts located in Pima County, Arizona.
I have read and understand this Release, Waiver, and Indemnity Agreement. I am aware that I am waiving certain legal rights that I or my heirs, personal representatives, successors, and legal representatives may have against the Released Parties. I understand and intend that this Release, Waiver, and Indemnity Agreement act and be interpreted and construed as the broadest and most inclusive assumption of risk, waiver, release of liability, agreement not to sue, and indemnity as permitted by the laws of the State of Arizona.
By signing below, I agree to the terms of this Release, Waiver, and Indemnity Agreement.
