WAIVER OF LIABILITY & AGREEMENt OF RELEASE

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE UNION WELLNESS STUDIOS ENTITIES TO YOU.

By agreeing to this Agreement, enrolling online, and/or attending classes, events, activities, and other programs of The Union Studios (“The Union Wellness Studio’s”), whether online or in a The Union Studio’s facility or using The Union Studio’s equipment, and/or by using the Services, you hereby acknowledge and agree on behalf of yourself, your heirs, personal representatives and/or assigns (collectively, “you” and/or “yourself”), that (a) there are certain inherent risks and dangers in the strenuous nature of the The Union Studio’s workout program; (b) you have voluntarily chosen to participate in an intense physical exercise program; (c) you understand that The Union Studio strongly recommends that you consult with a licensed physician prior to commencing any classes; (d) you have been fully informed of the strenuous nature of this exercise program and the possibility of adverse physiological occurrences including, but not limited to: abnormal blood pressure, fainting, heart attack or death; (e) you understand that there may be loud music, which has the potential of causing hearing damage and there could be flashing or blinking lights during class which has the potential of causing issues for anyone prone to seizures, and (f) you assume all risk for your health and well-being, and fully release and hold harmless for any responsibility, cost or damages The Union Studios Entities, its instructors, members and employees for any injury, harm or loss you may suffer, including death, as a result of participation in any of The Union Studios activities.
If you are enrolling a minor (an individual who is not the age of majority in their jurisdiction of residence), the above release applies equally to said minor. No one under 13 years of age may participate. A minor 13-18 years of age may participate only with a parent or legal guardian present.
WE ARE PROVIDING THE SERVICES, INCLUDING THE SITE AND MOBILE APPS, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE UNION WELLNESS STUDIOS ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY, COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUITE ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
WE MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY FOR: (1) PRODUCTS, SERVICES, INFORMATION, PROGRAMMING, AND/OR ANYTHING ELSE PROVIDED BY A THIRD PARTY THAT IS ACCESSIBLE TO YOU THROUGH THE SERVICES; OR (2) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICES.
YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE UNION WELLNESS STUDIOS ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE UNION WELLNESS STUDIOS ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF FORESEEABLE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO CEASE USE OF THE SERVICES.
WITHOUT LIMITING THE FOREGOING, THE UNION WELLNESS STUDIOS ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES IS LIMITED TO THE AMOUNT PAID TO US IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

RELEASE AND INDEMNITY AGREEMENT

This RELEASE AND INDEMNITY AGREEMENT (“Release”) is made to release and indemnify The Union Wellness Studio (shall be referred to hereafter as “The Union Studios”), a Washington limited liability company, and all of its respective members, employees, heirs, successors, agents, contractors and assigns (collectively the “Released Parties”).

The undersigned, on his/her own behalf or, if applicable, as the parent or guardian of a minor (the person engaged in the activities with The Union Studios shall be referred to hereafter as the “Participant”), and on behalf of the undersigned’s heirs, successors, representatives and assigns (singularly and collectively the “Releasing Parties”), hereby grants the Released parties this full release and indemnification as consideration in exchange for permitting Participant to participate in this exercise program or any other activity associated with or through the Released Parties.

Participant is entering into this Release after having viewed or having the opportunity to view the studio and instructors’ qualifications and having had the opportunity to ask questions regarding the services and risks associated with this exercise program. Participant further acknowledges that his/her participation in the activity is voluntary with full knowledge, understanding and appreciation of the risk inherent in any physical exercise and expressly assumes all risk of injury and even death, which could occur by reason of Participant’s participation.

Despite all known and unknown risks, including but not limited to bodily injury (including death) and property loss or damage, the undersigned, on behalf of the Releasing Parties, hereby releases, waives, acquits and forever discharges any and all known or unknown claims, demands, causes of action, damages, losses, and expenses that the Releasing Parties may ever have or have had against the Released Parties arising out of Participant’s participation in any activity or exercise program offered by the Released Parties, including, but not limited to, any and all claims which alleged negligent acts and/or omissions committed by Released Parties or any third party.

By acknowledging this waiver, you agree that you should consult any medical practitioner prior to participating in any activities with The Union Studios or using its facilities, especially if I had, have, or develop a serious health condition, including but not limited to stroke, lupus, hernia, numbness in the extremities, orthopedic condition, heart condition, asthma, breathing problems, faintness, dizziness, loss of balance, recent injury/surgery/concussion, or current pregnancy.

The Releasing Parties further agree to indemnify, defend and hold harmless, the Released Parties from any and all claims arising out of the Participant’s participation in any activity or exercise program offered by the Released Parties or in the use of any equipment at The Union Studios or any other premises owned, leased or used by the Released Parties, without limitation, attorneys’ fees and expenses incurred by the Released Parties.

All personal property brought to the studio or any other location where the Participant is participating in any activity or exercise program offered by the Released Parties, is brought at the sole risk of the Participant as to its theft, damage, or loss. The Released Parties are not responsible for any items left at the The Union Studios or any other premises owned, leased, or used by the Released Parties.

Participant hereby permits the Released Parties to use, without compensation or royalties, images or video of Participant as a program participant, including but not limited to its social media or web-based materials, broadcast and print advertising, and websites produced and published by the Released Parties. All such materials are deemed property of the Released Parties.

Participant expressly agrees that the terms of the release and indemnity contained herein are intended to be as broad and inclusive as is permitted by the laws of Washington. 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 and the remainder shall be enforced to the greatest extent possible. Furthermore, any dispute arising out of this agreement shall be subject to binding arbitration.

Participant agrees to maintain current credit card information on file and authorizes The Union Studios to charge the credit card on file for the payment of services and fees. This credit card is kept on file and will remain in effect until the expiration of the credit card account.

We will not seek, use, or disseminate any information from unauthorized access, use, modification, or disclosure. These files are confidential and will only be used by the studio to better support your needs.

PARTICIPANT ACKNOWLEDGES THAT HE/SHE HAS READ, UNDERSTANDS AND VOLUNTARILY AGREES TO THE TERMS SET FORTH IN THIS RELEASE AND INDEMNITY AGREEMENT.