SCULPTIQE WAIVER & RELEASE

 

BY PARTICIPATING IN ANY SCULPTIQE ACTIVIES AND/OR CLASSES, EITHER ONLINE OR IN PERSON YOU AGREE TO CONSENT TO BE BOUND BY ALL TERMS PRESENTED IN THIS WAIVER AND RELEASE.

 

Sculptiqe Pilates & Lifestyle PTY LTD dba SCULPTIQE requires that all participants follow safety rules and instructions that are designed to protect everyone’s safety. However, you acknowledge that there is an inherent risk of injury when choosing to participate in fitness activities.

 

YOUR RESPONSIBILITY

 

You are solely responsible for determining whether you are physically and mentally fit and/or adequately skilled to participate in SQULPTIQE activities and/or classes. Risks from participating in SQULPTIQE activities and/or classes may be aggravated if you are pregnant, suffer from an underlying medical condition, take medication, smoke cigarettes, have a family history of coronary disease, or have recently suffered an illness, injury or impairment. Accordingly, it is your responsibility to consult a physician before undertaking any fitness activity. It is also your responsibility to determine, during your participation in SQULPTIQE activities and/or classes, whether you should discontinue your participation in such activities or take any other actions to protect your health or safety.
 

WARNING OF RISK FROM FITNESS ACTIVITIES

 

Aerobic, strength training and other fitness activities such as plyometrics, yoga, Pilates, floor and barre exercises, passive/resistive weight training, use of free weights, and other training devices are intended to challenge and engage the physical, mental and emotional resources of the participant.

​

Despite careful and proper preparation, instruction, medical advice, and conditioning, participation in fitness activities involves a risk of serious injury. All hazards and dangers cannot be foreseen. Depending on the particular activity, certain risks, dangers and injuries due to overexertion, lack of hydration, improper technique, ignoring safety precautions, failing to properly follow instructions, slips and falls, unfamiliarity with the equipment and/or exercise, equipment failure, failure in supervision/instruction, premises defects and other risks inherent to the particular activity exist. Nonetheless, you hereby agree to assume all risks of your participation in SQULPTIQE activities and/or classes, whether known or unknown to you.

 

Depending upon a person’s physical condition, age and/or skill level, fitness activities can involve a substantial risk of the following types of injuries, among others:

(i) heart attack, stroke and circulatory problems, (ii) bone and joint injuries, (iii) back and neck injuries, (iv) shin splints, (v) muscle strain and other muscle injuries, (vi) foot problems, (vii) psychological injury, pain or suffering, (viii) disfigurement, (ix) temporary or permanent disability (including paralysis), (x) death or (xi) economic loss.

 

In addition, a very small percentage of people may experience a seizure when exposed to certain visual images, including flashing lights or patterns that may appear on SQULPTIQE app and platform. Seizures may have a variety of symptoms, including lightheadedness, altered vision, eye or face twitching, jerking or shaking of arms or legs, disorientation, confusion, or momentary loss of awareness. Seizures may also cause loss of consciousness or convulsions that can lead to injury from falling down or striking nearby objects. If you experience any of these symptoms, you should immediately stop exercising and consult a doctor.  It is the responsibility of all participants to have a complete physical examination by a medical doctor prior to beginning any activity. 

 

WAIVER AND GENERAL RELEASE OF ALL CLAIMS AND ASSUMPTION OF RISK

 

You recognize and acknowledge that there are inherent risks of physical injury to participants in any fitness activities, including when participating in SQULPTIQE classes and activities, and you voluntarily agree to assume the full risk of any and all injuries, damages or loss, regardless of severity, that you may sustain as a result of said participation. 

 

As a material inducement for SQULPTIQE to permit you to participate in SQULPTIQE activities and/or classes, to use the SQULPTIQE app and facilities, you hereby, on behalf of yourself, your heirs, executors and assigns, fully, forever and irrevocably waive, release and hold SQULPTIQE, its shareholders, directors, agents, representatives, employees, consultants, affiliated companies, partners, and successors (collectively “SQULPTIQE Parties”) harmless from any and all claims (including, to the extent permitted by applicable law, claims alleging negligence on behalf of any SQULPTIQE Party), injuries, damages or loss (including legal fees), present or future, foreseen or unforeseen, anticipated or unanticipated (collectively “Claims”), that you may have (or that accrue to you) against any SQULPTIQE Party, and generally release and discharge the SQULPTIQE Parties from any and all Claims, including but not limited to those involving:

(i) participating in any supervised or unsupervised fitness activities, and (ii) use of any fitness equipment, including those provided or recommended by SQULPTIQE, and you hereby promise never to assert or assist any other party in asserting, any claims or causes of action against any SQULPTIQE Party in any matter that in any way relates to any Claims.

​

By participating in any fitness activities and/or visiting the SQULPTIQE app or website you agree and acknowledge that you have read and fully understand the above important information, warning of risk, authorization, assumption of risk, and waiver and general release of all claims.

​

I represent that: (i) I am at least 18 years old, and (ii) I have no health-related conditions that could affect my participation in SQULPTIQE activities and/or classes. I have read and fully understand the above important information, warning of risk, authorization, assumption of risk, and waiver and general release and discharge of all claims.