Free Pilates Club Burners
$0.00 / month
WANNA SEE WHAT WE’RE ALL ABOUT?! CHECK OUT OUR FREE BURNERS + GET TO KNOW US. THESE CLASSES WILL GIVE YOU A CHANCE TO VIBE WITH US BEFORE YOU BUY.
+INSTANT ON-DEMAND ACCESS TO FREE BURNER CLASSES
+FRONT-LOADED WITH 8 FREE BURNERS READY TO GO (2 ARE FULL LENGTH CLASSES)
+TAUGHT BY MASTER TRAINERS CHELSEA + CAROLYNN OF MEGABURN FITNESS
Participant certifies they have reviewed all of the below terms of the Agreement, and by purchasing this membership you agree to the following terms and conditions below.
MEGABURN FITNESS / “PILATES CLUB”
RELEASE AND INDEMNITY AGREEMENT
This Release and Indemnity Agreement, which shall include the Addendum, (“Release” or “Agreement”) is made by the undersigned adult (the “Participant”), to release and indemnify MEGABURN FITNESS as set forth below. The term “MEGABURN FITNESS” means BK Sports Properties LLC., an Oregon corporation, and all of its subsidiaries, including but not limited to BK Sports Properties LLC., an Oregon corporation, the successors, assignees, employees, officers, directors, agents, contractors and shareholders of MEGABURN FITNESS and its subsidiaries, and all persons, corporations, partnerships and other entities with which BK Sports Properties LLC and its subsidiaries are or may in the future become affiliated (collectively, “MEGABURN FITNESS”).
Participant, on Participant’s own behalf and on behalf of the other members of the Participant’s family, including Participant’s spouse, parents, children, heirs, and assigns (singularly and collectively referred to as “Participant”) hereby grants to MEGABURN FITNESS this full release and indemnification as consideration in exchange for permitting Participant to participate in MEGABURN FITNESS exercise classes offered online through our PILATES CLUB membership site.
Participant is entering into this Release knowingly and at their own risk. All questions regarding the classes and risks associated with MEGABURN FITNESS online exercise classes can be directed to email@example.com
Participant is voluntarily participating in MEGABURN FITNESS online exercise classes with full knowledge, understanding and appreciation of the risks inherent in any physical exercise and expressly assumes all risks of injury and even death which could occur by reason of Participant’s participation. Participant releases MEGABURN FITNESS from any liability and agrees not to sue MEGABURN FITNESS, PILATES CLUB, CAROLYNN KOZNARSKY, and/or CHELSEA CREST with respect to any cause of action for bodily injury or contracting an infectious disease, property damage, or death occurring to Participant as a result of participating in MEGABURN FITNESS exercise classes.
Participant hereby assumes full responsibility for risks of bodily injury or contracting an infectious disease, property damage or death to Participant due to the ordinary negligence or gross negligence of MEGABURN FITNESS and the ordinary negligence, gross negligence, or willful misconduct of any third party including others participating in MEGABURN FITNESS exercise classes. Participant agrees to indemnify, defend, and hold harmless, MEGABURN FITNESS, at Participant’s sole cost from any and all claims arising out of Participant’s participation in MEGABURN FITNESS online exercise classes. All personal property brought to MEGABURN FITNESS exercise classes is brought at the sole risk of the Participant as to its theft, damage, or loss.
Participant expressly agrees that the terms of release and the indemnity contained herein are intended to be as broad and inclusive as is permitted by the laws of Oregon. Any provision of this Release found to be invalid by the courts having jurisdiction shall be invalid only with respect to such provision or portion.
PARTICIPANT certifies that they are a competent adult of at least 18 years of age or that if they are a minor under the age of 18, Participant understands the consent of a parent/legal guardian having legal custody will also be required before participation in an exercise class. This Informed Consent is freely and voluntarily executed and shall be binding upon my spouse or partner, relatives, legal representatives, heirs, administrators, successors and assignees. Participant certifies they are in adequate health to participate in any activities at MEGABURN FITNESS. Participant acknowledges that should this information change, it is their sole responsibility to notify the instructors at MEGABURN FITNESS.
RELEASE OF LIABILITY
In exchange for participation in the activity of public or private Online Fitness Classes, streamed through our membership site (Pilates Club), the Participant agrees for their self and (if applicable) for the members of their family under the age of 18, to the following:
1. AGREEMENT TO FOLLOW DIRECTIONS. Participant agrees to observe and obey all posted rules and warnings, and further agrees to follow any oral instructions or directions given by MEGABURN FITNESS / PILATES CLUB, or the employees, representatives or agents of MEGABURN FITNESS.
2. ASSUMPTION OF THE RISKS AND RELEASE. Participant recognizes there are certain inherent risks associated with the above described activities and assumes full responsibility for personal injury to Participant and (if applicable) Participant’s family members, and further releases and discharges MEGABURN FITNESS / PILATES CLUB for injury, loss or damage arising out of Participant’s or Participant’s family’s use of or presence upon the facilities of MEGABURN FITNESS, whether caused by the fault of Participant, Participant’s family, MEGABURN FITNESS or other third parties.
3. INDEMNIFICATION. Participant agrees to indemnify and defend MEGABURN FITNESS against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from Participant’s or Participant’s family’s use of or presence upon the facilities of MEGABURN FITNESS.
4. FEES. Participant agrees to pay for all damages to the facilities or equipment of MEGABURN FITNESS caused by any negligent, reckless, or willful actions by Participant or their family.
5. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Oregon law.
6. NO DURESS. Participant agrees and acknowledges that they are under no pressure or duress to sign this Agreement and that Participant has been given a reasonable opportunity to review it before signing. Participant further agrees and acknowledges that they are free to have their own legal counsel review this Agreement if I so desired. Participant further agrees and acknowledges MEGABURN FITNESS has offered to refund any fees Participant has paid to use its streaming site if Participant chooses not to sign this Agreement.
7. ARM’S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arms’ length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
8. ENFORCEABILITY. The invalidity or un-enforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
9. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure. Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator’s award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
PARTICIPANT HAS READ THIS DOCUMENT AND UNDERSTANDS IT. PARTICIPANT FURTHER UNDERSTANDS THAT BY SIGNING THIS RELEASE, PARTICIPANT VOLUNTARILY SURRENDERS CERTAIN LEGAL RIGHT.
Participant certifies they have reviewed all of the above terms of the Agreement, and by purchasing this membership you agree to the following terms and conditions above.