Terms And Conditions
INDEMNIFICATION AND RELEASE OF LIABILITY CITIZEN PILATES
In consideration of being permitted to utilize the exercise/fitness equipment (the “Equipment“) provided by CITIZEN PILATES, LLC d/b/a Citizen Pilates (“Citizen“) at any of its locations (the “Facilities“, which shall also include, without limitation, any other areas where I exercise or train with any of Citizen‘s personnel), and to participate in various exercise and fitness activities at the Facilities, I hereby expressly, irrevocably and unconditionally acknowledge and agree (on behalf of myself and my representatives, beneficiaries and heirs) to the following provisions contained in this Indemnification and Release of Liability (the “Release“):
I understand that Citizen has recently re-opened following an extended period of closure ordered by government authorities in response to the ongoing COVID-19 (novel coronavirus) pandemic.
I understand that COVID-19 is a highly communicable virus that can cause, among other conditions, severe respiratory illness, sometimes leading to death, in individuals who contract it.
By completing a reservation via the Citizen Pilates mobile app or website, I represent that I am not currently exhibiting symptoms of COVID-19 (which can include fever, cough, shortness of breath or difficulty breathing, chills, repeated shaking with chills, muscle pain, headache, sore throat, new loss of taste or smell), and I am not aware of my exposure to any third party who has exhibited COVID-19 symptoms in the preceding 14 days.
By completing a reservation via the Citizen Pilates mobile app or website, I am representing that I understand and expressly agree that my use of this Citizen Pilates facility involves the risk that I could contract COVID-19 notwithstanding the mitigation measures in place by Citizen Pilates. I understand that these risks are inherent to my use of the facilities and can range from mild symptoms to major illness, including death.
By completing a reservation via the Citizen Pilates mobile app or website, and in consideration of my participation in the activities and use of the facilities, equipment and services offered by Citizen Pilates, if applicable, I understand and voluntarily accept full responsibility on my behalf and on my guests‘ behalf for the risk of contracting COVID-19.
I am aware that there are inherent and other risks (including potential serious injury, permanent disability and death) involved in my use of the Equipment and my participation in the exercise and fitness activities. I expressly acknowledge that Citizen does not provide any supervision or assistance relating to the use of the Equipment or the exercise and fitness activities. I therefore knowingly, freely, expressly, irrevocably and unconditionally agree to assume all such risks, whether known or unknown, EVEN IF ARISING FROM THE NEGLIGENCE OR ANY ACT OR OMISSION of Citizen (which shall include, without limitation, any owner, officer, employee, representative, agent, contractor and/or any other affiliate of Citizen) and assume full responsibility for my use of the Equipment, my participation in any exercise and fitness activities and/or any activity incident thereto.
By completing a reservation via the Citizen Pilates mobile app or website, I further agree that all of the terms and conditions of my membership agreement still apply, including but not limited to my agreement that Citizen Pilates, and its respective affiliated companies, parents, subsidiaries and the officers, directors, shareholders, employees, managers, members, agents and independent contractors of such entities will not be liable for any injury or illness including, without limitation, personal, bodily, or mental injury, disability, death, economic loss or any damage to me, my spouse or domestic partner, guests, unborn child, heirs, or relatives resulting from the negligent conduct or omission of Citizen Pilates or anyone acting on its behalf, whether related to exercise or not. Accordingly, to the fullest extent permitted by law, I do hereby forever release, waive and discharge Citizen Pilates and its respective affiliated companies from any and all claims, demands, injuries, damages, actions or causes of action related to my use of the facility (collectively, “Claims“) against Citizen Pilates or anyone acting on its behalf, and hereby agree to defend, indemnify and hold harmless Citizen Pilates from and against any such Claims. I expressly agree to comply with all rules and regulations imposed by Citizen regarding the use of the Facilities and the Equipment. I agree to conduct myself in a controlled and reasonable manner at all times and to refrain from using the Equipment in a manner that is inconsistent with its intended design and purpose.
I understand that this Release shall be governed by the laws of the State of Texas, without giving effect to the conflicts of law principles of any state. I hereby irrevocably consent to be subject to the personal jurisdiction of any United States, state, or local court sitting in Houston, Texas in connection with any action to determine any dispute arising under this Release or to enforce the provisions hereof.
I understand that whenever possible, each provision of this Release shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision (or any section of any provision) of this Release is held to be prohibited by or invalid under applicable law, such provision (or any section of any provision) shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Release.
I expressly agree that all the provisions of this Release shall survive the termination of this Release, the termination of my membership at Citizen or otherwise.
I expressly agree that any failure of Citizen to exercise any right or remedy set forth in this Release or in any agreement by and between me and Citizen shall not be deemed or constitute a waiver of such right or remedy without the prior written consent of Citizen, which shall include, without limitation, the payment of any membership fees. I expressly acknowledge and agree that unpaid fees will have to be paid in full by me prior to having continuing access to Citizen.
I HAVE READ THIS INDEMNIFICATION AND RELEASE OF LIABILITY, AND I FULLY UNDERSTAND ITS TERMS. I UNDERTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS BY SIGNING THIS RELEASE AND ACKNOWLEDGE THAT I HAVE SIGNED IT FREELY AND VOLUNTARILY.
