WAIVER OF LIABILITY, ASSUMPTION OF RISK, RELEASE OF CLAIMS & PARTICIPANT AGREEMENT
 
PLEASE READ CAREFULLY BEFORE SIGNING
This Waiver of Liability, Assumption of Risk, Release of Claims, and Participant Agreement (“Agreement”) is entered into by the undersigned participant (“Participant”) in consideration for being permitted to participate in any class, private session, workshop, event, open studio, training program, or other activity offered by BOLO Studio (“BOLO Studio,” “Studio,” “we,” “our,” or “us”).
Participation includes, but is not limited to, Pilates instruction, reformer Pilates, tower training, strength training, mobility training, stretching, balance exercises, functional movement, fitness instruction, wellness programs, workshops, special events, and the use of all studio facilities and equipment.
 
By signing this Agreement, Participant acknowledges that they have carefully read, understood, and voluntarily agree to all terms contained herein.
 
1. Voluntary Participation
 
I voluntarily choose to participate in all activities offered by BOLO Studio. I understand that my participation is completely voluntary and that I may discontinue participation at any time.
 
I acknowledge that participation may involve physical exertion, repetitive movement, resistance training, balance exercises, flexibility exercises, cardiovascular activity, instructor demonstrations, verbal coaching, and optional hands-on movement corrections.
 
I accept full responsibility for my decision to participate and understand that I am solely responsible for determining whether I am physically capable of participating safely.
2. Assumption of Risk
 
I understand and acknowledge that participation in physical exercise, Pilates, fitness instruction, and the use of exercise equipment involves inherent risks that cannot be completely eliminated regardless of the care taken by BOLO Studio or its instructors.
 
These risks include, but are not limited to:
 
Muscle soreness and fatigue
Muscle strains or tears
Ligament sprains
Joint injuries
Tendon injuries
Back, neck, or spinal injuries
Slips, trips, and falls
Loss of balance
Equipment malfunction
Improper use of equipment
Cuts, bruises, abrasions, or contusions
Fractures or dislocations
Aggravation of pre-existing medical conditions
Heart attack
Stroke
Illness
Permanent disability
Death
 
I further understand that unforeseen risks may exist and that not all hazards can be anticipated.
 
I knowingly, voluntarily, and freely assume all risks associated with my participation, whether known or unknown, foreseeable or unforeseeable, including risks arising from my own actions, the actions of other participants, the condition of the premises, or the ordinary negligence of BOLO Studio to the fullest extent permitted by Florida law.
 
3. Health Acknowledgment
 
I certify that I am physically capable of participating in exercise and have no medical condition that would make participation unsafe unless I have first consulted with and received clearance from my physician or other qualified healthcare provider.
 
I understand that BOLO Studio is relying upon my representations regarding my physical condition.
I agree to immediately inform my instructor before participating if I:
 
Am pregnant or recently postpartum
Have recently undergone surgery
Have suffered a recent injury
Experience chronic pain
Have cardiovascular disease
Have respiratory conditions
Have neurological disorders
Have orthopedic limitations
Have balance disorders
Have osteoporosis or osteopenia
Have high blood pressure or other medical conditions that may affect my ability to exercise safely
Am taking medications that affect coordination, balance, blood pressure, alertness, or physical performance
If I am pregnant or recently postpartum, I acknowledge that I have consulted with my physician or qualified healthcare provider and have received medical clearance to participate in physical exercise.
 
I understand that it is my responsibility to continuously monitor my own physical condition during participation.
 
If I experience pain, dizziness, faintness, nausea, shortness of breath, chest pain, numbness, tingling, blurred vision, or any other unusual symptoms, I agree to immediately stop exercising and notify my instructor.
 
4. Communicable Illness
 
I understand that participation in studio activities may expose me to communicable illnesses, including but not limited to COVID-19, influenza, RSV, the common cold, and other contagious diseases.
 
I voluntarily assume all risks associated with exposure to communicable illnesses while participating in activities at BOLO Studio.
 
To the fullest extent permitted by law, I release BOLO Studio from any liability arising from exposure to communicable illnesses, except where prohibited by applicable law.
 
I agree that I will not attend class if I am experiencing symptoms of a contagious illness, have a fever, or have been advised by a healthcare provider to isolate due to an infectious condition.
5. No Medical Advice
 
I acknowledge that BOLO Studio, its owners, instructors, employees, independent contractors, and representatives are fitness professionals and are not physicians, physical therapists, chiropractors, nurses, or licensed healthcare providers unless specifically identified as such.
 
I understand that any instruction, recommendation, modification, demonstration, educational material, or guidance provided by BOLO Studio is intended solely for general fitness and wellness purposes.
 
I understand that nothing provided by BOLO Studio constitutes medical advice, diagnosis, treatment, rehabilitation, or healthcare services.
I agree that I am solely responsible for consulting with my physician regarding any medical condition, injury, pain, or physical limitation before participating.
 
I understand that participation should never be considered a substitute for professional medical evaluation or treatment.
 
6. Hands-On Instruction
 
I understand that instructors may provide optional hands-on cueing or physical adjustments intended to improve alignment, movement quality, body awareness, posture, safety, and exercise technique.
 
I understand that hands-on instruction is completely voluntary.
 
I may decline hands-on cueing at any time before or during class by notifying my instructor.
My decision to decline physical contact will be respected and will not affect my ability to participate in class.
I acknowledge that I remain solely responsible for informing my instructor if any adjustment causes discomfort or if I wish to discontinue physical contact.
 
7. Studio Equipment
 
I understand that participation at BOLO Studio involves the use of Pilates Reformers, Towers, jumpboards, springs, straps, footbars, platforms, boxes, resistance equipment, weights, props, mats, and other exercise equipment (“Equipment”).
I acknowledge that all Equipment carries inherent risks if improperly used.
 
I agree to:
 
Use Equipment only as instructed by BOLO Studio instructors.
Follow all verbal and written safety instructions.
Refrain from modifying springs, straps, settings, or Equipment without instructor approval.
Inspect Equipment before use and immediately notify an instructor of any damaged, worn, defective, or malfunctioning Equipment.
Exercise within my own physical abilities and avoid movements that feel unsafe or painful.
Use reasonable care while entering, exiting, and operating Equipment.
I understand that improper use of Equipment may result in serious injury, permanent disability, or death.
 
8. Compliance with Studio Policies
I agree to comply with all BOLO Studio rules, policies, procedures, instructor directions, safety protocols, scheduling policies, and Equipment guidelines.
 
I understand that BOLO Studio reserves the right to refuse, suspend, or terminate my participation without refund if my conduct is unsafe, disruptive, abusive, or presents a risk to myself, instructors, staff, or other participants.
 
I further agree to conduct myself respectfully toward instructors, staff, and fellow participants at all times.
9. Indemnification
To the fullest extent permitted by law, I agree to indemnify, defend, and hold harmless BOLO Studio, its owners, members, employees, instructors, independent contractors, volunteers, agents, representatives, successors, assigns, landlords, insurers, and affiliated entities from and against any and all claims, demands, actions, liabilities, damages, losses, judgments, settlements, costs, expenses, and reasonable attorneys’ fees arising out of or relating to:
My own negligence or misconduct;
My misuse of Equipment;
My violation of studio rules or policies;
My breach of this Agreement;
My participation in BOLO Studio activities; or
Any claim brought by or on behalf of my family members, heirs, estate, or personal representatives arising from my participation.
 
10. Release of Liability
In consideration for being permitted to participate in activities offered by BOLO Studio, I knowingly and voluntarily assume all risks associated with my participation.
To the fullest extent permitted by Florida law, I hereby release, waive, discharge, covenant not to sue, and forever hold harmless BOLO Studio, its owners, members, employees, instructors, independent contractors, volunteers, agents, representatives, successors, assigns, landlords, insurers, and affiliated entities (collectively, the “Released Parties”) from any and all claims, demands, causes of action, liabilities, damages, losses, judgments, costs, expenses, or attorneys’ fees of every kind, whether known or unknown, arising out of or relating to:
 
My participation in any class, private lesson, workshop, event, or activity;
My use of Equipment or studio facilities;
My presence on BOLO Studio premises;
Personal injury;
Illness;
Disease;
Disability;
Property damage;
Economic loss;
Emotional distress;
Wrongful death; or
Death.
 
This release specifically includes claims arising from the ordinary negligence of the Released Parties to the fullest extent permitted under Florida law.
This release does not apply to claims arising from gross negligence, reckless conduct, intentional misconduct, or any liability that cannot legally be waived.
I understand that by signing this Agreement I am giving up substantial legal rights, including my right to file certain lawsuits or recover damages against the Released Parties.
11. Personal Property
 
I understand that I am solely responsible for all personal belongings brought onto BOLO Studio premises.
 
BOLO Studio is not responsible for the loss, theft, or damage of any personal property, including but not limited to cell phones, jewelry, wallets, purses, keys, clothing, fitness accessories, or other personal belongings left anywhere within or outside the Studio, including parking areas.
 
12. Photography & Media Release
 
From time to time, BOLO Studio may photograph, videotape, livestream, or otherwise record classes, workshops, events, or activities for educational, promotional, advertising, marketing, or social media purposes.
Unless I notify BOLO Studio in writing before participating, I grant BOLO Studio the unrestricted right to use, reproduce, edit, publish, display, distribute, and otherwise use my image, likeness, voice, or appearance in photographs, videos, or other media without compensation or further approval.
I understand that this authorization is voluntary and may be revoked prospectively by providing written notice to BOLO Studio.
 
13. Emergency Medical Care
 
If I become ill, injured, unconscious, or otherwise require emergency medical attention while participating in BOLO Studio activities, I authorize BOLO Studio personnel to obtain emergency medical care on my behalf if I am unable to do so.
 
I understand that BOLO Studio assumes no responsibility for medical treatment rendered by emergency responders or healthcare providers.
I accept full financial responsibility for all medical treatment, transportation, hospitalization, and related expenses.
14. Age Requirement
Participants must be at least eighteen (18) years of age to participate unless BOLO Studio expressly permits participation by a minor and a parent or legal guardian has executed all required consent and liability documents.
15. Governing Law & Venue
 
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida without regard to its conflict of law principles.
Any legal action arising out of or relating to this Agreement or participation in BOLO Studio activities shall be brought exclusively in the state or federal courts located in Flagler County, Florida, to the fullest extent permitted by law.
 
16. Severability
If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and shall be interpreted to give maximum legal effect to the parties’ intentions.
 
17. Entire Agreement
This Agreement constitutes the entire agreement between Participant and BOLO Studio regarding the subject matter contained herein and supersedes any prior oral or written representations or agreements.
 
No modification of this Agreement shall be effective unless made in writing and signed by BOLO Studio.
18. Participant Acknowledgment
 
By signing below, I acknowledge and agree that:
I have carefully read this Agreement in its entirety.
I fully understand its contents and legal effect.
I understand that I am releasing important legal rights, including certain claims arising from the ordinary negligence of BOLO Studio.
I understand the risks associated with physical exercise and voluntarily choose to participate.
I certify that all information I have provided is accurate.
I understand this Agreement is legally binding upon me and my heirs, estate, executors, administrators, personal representatives, successors, and assigns.
I understand this Agreement applies each time I participate in any activity offered by BOLO Studio unless replaced by a newer written agreement.