TERMS OF SERVICE, RELEASE OF LIABILITY AND WAIVER
It is your responsibility to fully understand the below terms of service, release of liability and waiver (this “Agreement”) for the Wellness Day (the “Wellness Day”). You must agree to the terms of this Agreement as a condition to participating in the Wellness Day. Please read carefully what is and is not included in your Wellness Day package and view all encompassing on the website (located at www.stubbingsnursery.com).
Wellness Day Cancellations
Stubbings reserves the right to make any changes deemed necessary; including, but not limited to: advertised activities, advertised meals, etc. In the rare case of a Stubbings Wellness Day cancellation, Stubbings will offer a transfer to another Stubbings Wellness Day (if possible) or a full refund of your payment. Stubbings is not responsible for any expenses or damages incurred as a result of Wellness Day cancellation including preparation costs, travel costs or other expenses. Stubbings reserves the right to cancel any Wellness Day prior to departure in the event that there are too few people booked, in which case you will be given a full refund of any and all payments made to Stubbings Wellness Days. You will not be entitled to claim any additional amounts or seek any compensation for any injury, loss, expenses or damages (either direct or consequential) or for any loss of time or inconvenience which may result from such cancellation.
PHYSICAL TRAINING RELEASE OF LIABILITY
Express Assumption of Risk
I, the undersigned, am aware that there are significant risks involved in physical training, including, but not limited to, the physical training inherent to all pilates exercise activities, and that my participation in any such physical training program carries with it the potential for death, injury, and/or property damage. The risks include, but are not limited to, falls which can result in serious injury or death; injury or death due to negligence on the part of myself, my training partner, or other people around me; injury or death due to improper use or failure of equipment; strains and sprains; those risks caused by terrain, facilities, temperature, weather, condition of athletes, equipment, vehicular traffic, actions of other people including, but not limited to, participants, volunteers, spectators, coaches, and trainers and lack of hydration. These risks are not only inherent to physical training and athletics, but are also present for volunteers and spectators. I am aware that any of these above mentioned risks may result in serious injury or death to myself and or my partner(s). I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participating, volunteering or watching in any physical training, including this pilates program. I realize that liability may arise from negligence or carelessness by the Released Parties, from dangerous or defective equipment or property owned, maintained or controlled by them or because of their possible liability without fault. I acknowledge that I have no physical impairments, injuries, or illnesses that will endanger me or others.
I acknowledge that I am willingly participating in these activities and that I have assumed all risks as described above. In consideration for my being allowed to participate in the activities offered.
Permission for Capture and Use
Media is defined as photography, video, written or verbal testimonial, or any other form of capturing likeness. For valuable consideration received, I grant to Stubbings the absolute and irrevocable right and unrestricted permission concerning any captured media that she/he has taken or may take of me or in which I may be included with others, to use, reuse, publish, and republish in whole or in part, individually or in connection with other material, in any and all publishing platforms now or hereafter known, including the Internet, and for any purpose whatsoever, specifically including illustration, promotion, art, editorial, advertising, and trade, without restriction as to alteration; and to use my name in connection with any use if she/he so chooses. I release and discharge the Released Parties from any and all claims and demands that may arise out of or in connection with the use of the media, including without limitation any and all claims for libel or violation of any right of publicity or privacy. This authorization and release shall also inure to the benefit of the heirs, legal representatives, licensees, and assigns of Photographer, Videographer, Interviewer, Editor, as well as the person(s) for whom he/she captured the media. I am a legally competent adult and have the right to contract in my own name. I have read this document and fully understand its contents. This release shall be binding upon me and my heirs, legal representatives, and assigns.
WAIVER AND RELEASE OF LIABILITY AND INDEMNIFICATION
I acknowledge that I have voluntarily enrolled to participate in this Stubbings Wellness Day. In consideration of Stubbings allowing me to participate in the Wellness Day, I hereby expressly agree to this release of claims, waiver of liability and assumption of risks.
On behalf of myself, my heirs, executors, successors, administrators and any other person who may have an interest at common law or by operation of statute, I hereby fully and irrevocably waive and release Stubbings and each of their respective any teachers, employees, guides, agents or representatives (including any employees, agents, volunteers or guides) (collectively, “the “Released Parties”) for any claim, cause of action, or liability whatsoever regarding the Wellness Day, including, but not limited to, any personal injury, death, property damage or loss of any nature suffered by me as a result of participation in any activity on the Wellness Day, including, but not limited to, those allegedly attributed to the negligent acts or omissions of any person or party.
I hereby agree that I, my assignees, heirs, distributees, guardians, and legal representatives will not make a claim against, sue or attach the property of Stubbings, their affiliates, teachers, employees, agents or volunteers or any of their affiliated organizations for injury or damage resulting from acts, howsoever caused, by any employee, agent, or contractor, or any of their affiliated organizations, as a result of my participation in the Wellness Day. I hereby release the Released Parties from all actions, claims or demands that I, my assigns, heirs, distributees, guardians, and legal representatives now have or may hereafter have for injury, damage, or death resulting from my participation in the Wellness Days.
Indemnification: I recognize there is risk involved in the types of activities offered. Therefore, I the participant accepts financial responsibility for any injury that I may cause either to myselfor to any other participant in the Wellness Day. Should any of the Released Parties, or anyone acting on their behalf, be required to incur solicitor’s fees and costs to enforce this Agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless the Released Parties from liability for the injury or death of any person(s) and damage to property that may result while participating in activities offered at the Wellness Day. This includes, but is not limited to, grounds, woods and areas adjacent to main building, and/or any area selected for training.
I am medically, physically, emotionally and in all respects fit and able to participate in Stubbings Wellness Days.
This Agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this Agreement is held invalid, I agree that the remainder of the Agreement shall remain in full legal force and effect
I agree I will be fully and financially responsible for my own physical condition and well-being during the Wellness Day and will follow the safety precautions and instructions prescribed by Stubbings.
I acknowledge that Stubbings may make suggestions from time to time that are intended to help me and my well-being. However I take ultimate responsibility for my choices and realize that Stubbings is not licensed medical provider and that I must consult my doctor.
If I experience pain or discomfort during the Wellness Day, I will modify Stubbings’ instruction to suit my individual needs. I will not hold Stubbings responsible for any pain or discomfort I experience during or after the Wellness Day. I understand that the activities offered on this Wellness Day are not a substitute for medical care. I understand that Stubbings and its third party coaches are not qualified to perform spinal or skeletal adjustments, diagnose, prescribe, or treat physical or mental illness.
By agreeing to the terms outlined here I hereby release and discharge my rights and claims for damages or liabilities that may occur as a result of participation on a Stubbings Wellness Day.
Please note: you will also be asked to sign a printed copy of this agreement upon arrival at the Wellness Day. Signature is required before participating in any Wellness Day activities. Amendments can be made if needed, please get in touch with any concerns.