RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT

Kinda Classical Pilates

In consideration of being permitted to participate in Pilates instruction, exercise, movement training, strength training, mobility work, breathwork, self-myofascial release, and other related activities and services (collectively, the “Services”) provided by DFS Pilates LLC, doing business as Kinda Classical Pilates, and Destinie Mill, I acknowledge and agree as follows:

Nature of Services

I understand that DFS Pilates LLC and Destinie Mill provide fitness, exercise, movement, and educational services and do not provide medical diagnosis, medical treatment, physical therapy, or other licensed healthcare services. The Services are not a substitute for medical care or advice from a qualified healthcare professional.

I understand that I am responsible for determining whether I am physically capable of participating in the Services and for informing my instructor of any injuries, medical conditions, pregnancy, physical limitations, pain, dizziness, unusual symptoms, or other circumstances that may affect my ability to participate safely.

I understand that the Services may be provided in a Pilates or fitness studio, in my home or another private residence, outdoors or at another location, or remotely through online or virtual instruction. I understand that this Agreement applies to my participation in the Services regardless of the location or method through which the Services are provided.

Assumption of Risk

I understand that participation in physical exercise and movement instruction involves inherent and other risks, both known and unknown. These risks may include, without limitation, falls; loss of balance; muscle strains, sprains, or tears; joint, bone, spinal, or other musculoskeletal injuries; aggravation of pre-existing injuries or medical conditions; cardiovascular events; dizziness or loss of consciousness; equipment malfunction, movement, or misuse; contact with equipment, furniture, floors, walls, or other objects; and other bodily injury, serious injury, disability, or death.

I understand that these risks may arise during exercises performed on Pilates apparatus, including the Reformer, Cadillac, Tower, Chair, Barrels, and other equipment, as well as during mat exercises, strength training, mobility work, stretching, breathwork, self-myofascial release, and other physical activities.

For Services provided remotely or outside a studio controlled by DFS Pilates LLC, I understand that DFS Pilates LLC and Destinie Mill may not be able to inspect or control the physical environment, equipment, flooring, furniture, or other conditions where I participate. I accept responsibility for selecting a reasonably safe location and using appropriate equipment for my participation.

I KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH MY PARTICIPATION IN THE SERVICES, WHETHER KNOWN OR UNKNOWN, FORESEEABLE OR UNFORESEEABLE, INCLUDING RISKS ARISING FROM THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES, TO THE FULLEST EXTENT PERMITTED BY CALIFORNIA LAW.

Release and Waiver of Liability

I UNDERSTAND THAT THIS AGREEMENT RELEASES DFS PILATES LLC, DESTINIE MILL, AND THE OTHER RELEASED PARTIES FROM CLAIMS ARISING FROM THEIR ORDINARY NEGLIGENCE.

To the fullest extent permitted by California law, I voluntarily release, waive, and forever discharge DFS Pilates LLC, doing business as Kinda Classical Pilates, Destinie Mill, and their members, owners, instructors, employees, independent contractors, agents, representatives, successors, and assigns (collectively, the “Released Parties”) from any and all claims, demands, causes of action, damages, losses, or liabilities arising out of or relating to my participation in the Services, including claims arising from the ordinary negligence of any Released Party.

I understand and expressly agree that this release is intended to include claims alleging that a Released Party negligently instructed, supervised, assisted, spotted, selected, modified, progressed, or adjusted exercises; maintained, selected, adjusted, or used equipment; assessed my movement or physical capabilities; or otherwise provided the Services.

This release does not apply to liability that cannot lawfully be waived under California law, including liability for gross negligence, reckless or intentional misconduct, or other liability that California law prohibits from being released by agreement.

Waiver of Unknown Claims

I understand that I may later discover injuries, damages, or claims that I do not presently know or suspect to exist.

I expressly waive the protections of California Civil Code Section 1542, which provides:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

I understand and acknowledge the significance and consequences of this waiver.

Participant Responsibilities

I agree to follow reasonable instructions concerning exercises and the use of equipment. I understand that I should stop exercising and notify my instructor if I experience pain, dizziness, unusual shortness of breath, faintness, or any other symptom that causes concern.

I understand that no instructor can guarantee that an exercise or activity will be safe or appropriate for every individual. I remain responsible for communicating relevant injuries, conditions, symptoms, and limitations and for deciding whether to participate in any particular exercise or activity.

For online, virtual, or in-home participation, I agree to exercise reasonable care in preparing my surroundings and to remove or avoid hazards that could interfere with my participation.

Indemnification

To the fullest extent permitted by California law, I agree to indemnify and hold harmless the Released Parties from claims, damages, losses, or liabilities arising from my own acts or omissions in connection with my participation in the Services, including my failure to follow instructions, misuse of equipment, or failure to provide accurate information concerning circumstances relevant to my safe participation.

Acknowledgment and Voluntary Agreement

I acknowledge that I have carefully read this Agreement and understand its contents. I understand that this Agreement includes an assumption of risk and a release and waiver of substantial legal rights, including my right to bring certain claims against the Released Parties for injuries or damages resulting from their ordinary negligence.

I acknowledge that I have had the opportunity to ask questions about this Agreement before signing it. I am entering into this Agreement knowingly and voluntarily and intend it to be as broad and inclusive as permitted by California law.

If any provision of this Agreement is determined to be invalid or unenforceable, that provision shall be severed or limited to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

This Agreement shall be governed by and construed in accordance with the laws of the State of California.

I HAVE READ AND UNDERSTAND THIS AGREEMENT. I UNDERSTAND THAT BY SIGNING IT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING CERTAIN RIGHTS TO SUE DFS PILATES LLC AND DESTINIE MILL.