Terms and conditions
As a part of our community, we are committed to your fitness, health, and safety. However, with any kind
of exercise there are certain inherent risks that come with such activities, including bodily harm and
injury. In order to purchase a membership and to become a member of our studio, you will first need to
read and accept the terms of this Waiver, Release and Assumption of the Risk Agreement.
PLEASE READ THE FOLLOWING CAREFULLY:
HEALTH AND FITNESS WAIVER. RELEASE. AND ASSUMPTION OF RISK AGREEMENT
By signing up for membership and/or class packages and booking a class/es, You understand that you are
participating in the services that Broken Chains Athletics LLC dba Broken Chains Pilates offers.
Specifically, you will be doing full body workout sessions under the instructions of certified Pilates
instructors using the Pilates reformer machines. Therefore, you acknowledge and agree to the following
provisions waiving certain rights and claims and assuming risks that may lead to harm or injury:
A. You indicate that understand and agree that You are voluntarily participating in physical activities.
including activities that Involve the use of exercise equipment, which may expose You to serious risk or
injury. including permanent disability and death. You represent that You are aware of the nature of these
activities and agrees to accept any and all risks associated with participation in these activities
B. You represent that You are in good physical health, and that You notify Broken Chains Pilates in
writing if You become unable to participate in an activity due to some physical or mental considerations.
In consideration of Broken Chains Pilates allowing You to purchase membership and or class packages,
become a member, participate in physical activity within the facilities of Broken Chains Pilates and use
its facilities and equipment, You agree to indemnify, defend, and hold Broken Chains Pilates harmless. as
well as its directors, agents, officers, and employees, against loss (including reasonable attorneys’ fees)
from any and all claims of negligence, demands, rights, or causes of actions of any kind or nature that
may hereafter at any time be made or brought by You or on Your behalf for any known or unknown
foreseen and unforeseen bodily or personal injuries, damages to property and consequences thereof which
may be sustained by You as a direct or indirect result of participating in the aforementioned activities and
use of the equipment of Broken Chains Pilates. Further, that such bodily or personal injuries may include
permanent disability and death and that damages to property may both be economic and non-economic.
You shall be solely responsible for your safety and well-being while being at the facilities of Broken
Chains Pilates, exercising, and using its equipment.
C. This Agreement shall continue in full force and effect even in the event of termination of Your
membership or participation in activities with Broken Chains Pilates.
WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT RELATING TO COVID-19
In consideration for receiving permission to BE ON PREMISES at Broken Chains Pilates
(hereinafter the “Activity or Activities”), you, on behalf of yourself and any minor child/children
for whom you have the capacity to contract, hereby acknowledge and agree to the following:
A. You understand the hazards of the novel coronavirus (“COVID-19”) and are familiar with the
Centers for Disease Control and Prevention (“CDC”) guidelines regarding COVID-19. You
acknowledge and understand that the circumstances regarding COVID-19 are changing from day
to day and that, accordingly, the CDC guidelines are regularly modified and updated, and you
accept full responsibility for familiarizing yourself with the most recent updates.
B. Notwithstanding the risks associated with COVID-19, which you readily acknowledge, you
hereby willingly choose to participate in Activities.
C. You acknowledge and fully assume the risk of illness or death related to COVID-19 arising
from being on the premises and participating in the Activities and hereby RELEASE, WAIVE,
DISCHARGE, AND COVENANT NOT TO SUE (on behalf of yourself and any minor children
from whom I have the capacity to contract) Broken Chains Pilates Studio, its owners, officers,
directors, agents, employees and assigns (the “RELEASEES”) from any liability related to
COVID-19 which might occur as a result of being on the premises and participating in the
Activities.
D. You shall indemnify, defend and hold harmless the RELEASEES from and against any and
all claims, demands, suits, judgments, losses or expenses of any nature whatsoever (including,
without limitation, attorneys’ fees, costs and disbursements, whether of in-house or outside
counsel and whether or not an action is brought, on appeal or otherwise), arising from or out of,
or relating to, directly or indirectly, the infection of COVID-19 or any other illness or injury.
E. You agree that it is your express intent that this Waiver and Hold Harmless Agreement shall
bind any assigns and representatives, and shall be deemed as a RELEASE, WAIVER,
DISCHARGE, AND COVENANT NOT TO SUE the above-named RELEASEES
This HEALTH AND FITNESS WAIVER. RELEASE. AND ASSUMPTION OF RISK
AGREEMENT and WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT
RELATING TO COVID-19 and the provisions contained herein shall be construed, interpreted,
and controlled according to the laws of the State of Texas. YOU HEREBY KNOWINGLY AND
VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL OF ANY DISPUTE ARISING IN
CONNECTION WITH THIS AGREEMENT. YOU ACKNOWLEDGE THAT THIS WAIVER
WAS EXPRESSLY NEGOTIATED AND IS A MATERIAL INDUCEMENT THE
PERMISSION GRANTED BY RELEASEES TO BE ON PREMISES AND PARTICIPATE IN
THE ACTIVITIES.
YOU ACKNOWLEDGE AND REPRESENT that you have read the foregoing
HEALTH AND FITNESS WAIVER. RELEASE. AND ASSUMPTION OF RISK AGREEMENT
and WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT RELATING TO
COVID-19, understand it and agree to it voluntarily as your own free act and deed; no oral
representations, statements, or inducements, apart from the foregoing written agreement, have
been made; You acknowledge that you are at least eighteen (18) years of age and fully
competent; and that you execute this Agreement for full, adequate and complete consideration
fully intending to be bound by same.