VALENTINA CAPITAL, LLC
DBA THE LAGREE STUDIO
Waiver | Release Agreement
Revised May 15, 2020
ASSUMPTION OF RISK: I acknowledge that my presence at, and participation in physical exercise and Lagree Fitness instructional classes at Valentina Capital, LLC d/b/a THE LAGREE STUDIO (hereinafter referred to as TLS), and the entry to and use of the equipment, studio and/or services at TLS, naturally involves the risk of injury or death to me, whether I, TLS, or someone else causes it. I further acknowledge that specific risks include injuries or death resulting from overexertion, physical adjustment, improper or negligent use of equipment, failure to follow trainer instructions, or injuries resulting from participation in an inappropriate level of physical exercise. As such, I understand and voluntarily accept these risks.
COVID-19: COVID-19 has been recognized globally as a contagious respiratory virus, posing an imminent health threat. I understand that, even despite its best efforts, TLS cannot guarantee that I will not become infected with COVID-19 at TLS. Furthermore, I understand that entry to and use of the equipment studio, and/or services at TLS could increase my risk of contracting COVID-19. I further acknowledge the contagious nature of COVID-19, and I knowingly and voluntarily accept all risk that I may be exposed to or infected by COVID-19 at or in TLS, and that such exposure or infection may result in personal injury, illness, permanent disability, and/or death.
HEALTH WARRANTY: I represent that I am in good physical and mental health, at least 18 years of age, have the necessary current medical approval to engage in physical exercise and Pilates-based instructional classes at TLS, and have no disability, impairment, injury, disease or ailment preventing me from engaging in physical exercise and Lagree Fitness instructional classes which would cause risk of injury or adverse health consequences as a result of engaging in physical exercise and Pilates based instructional classes. I acknowledge that TLS, is relying on this representation and I understand that TLS, does not and will not investigate or certify my health or my fitness to participate in physical exercise and Pilates based instructional classes.
RELEASE AND WAIVER OF LIABILITY: I, individually, and on behalf of my spouse, partner, heirs, children, unborn children, next of kin, distributees, guardians, legal representatives, and assigns, agree not to sue and hereby agree to defend, indemnify, release and hold harmless TLS, and its shareholders, officers, directors, employees, staff, volunteers, members, contractors, representatives, agents, successors, assigns, and affiliated entities and the owner/lessor of TLS and its studio(s) (collectively, the "Releasees") from all actions, claims, demands, suits, losses, liabilities, charges, expenses (including, without limitation, attorneys' fees), and costs of any nature whatsoever which may arise out of, relate to, or result from, any death or injury, including, without limitation, personal, bodily or mental injury, illness (including, but not limited to COVID-19), economic loss or any damage to me or my spouse or partner, guest, unborn child, or relatives resulting from my participation in physical exercise and Pilates based instructional classes at TLS, entry to, or use of, the studio(s), equipment or services at TLS, the negligence of TLS, anyone on TLS’s behalf or anyone using TLS, equipment, facilities, studio(s) or services, except such as may arise out of the gross negligence or willful misconduct of the Releasees. This release and waiver of liability (this "Release") is intended to be a complete release of any responsibility for death, illness, personal injuries and/or property loss/damage sustained by me while at TLS, whether using exercise equipment, participating in active or passive exercise, or not. I understand that this Release is intended to be as broad and inclusive as is permitted by the laws of the State of Texas and that if any portion of this Release is held invalid, I agree that the balance of this Release should continue in full force and effect. I further waive and release Releasees from, and agree to indemnify and hold harmless the Releasees and all of their respective staff, coaches, instructors, officers, members, employees, volunteers, independent contractors, agents, representatives, heirs, executors, successors or assigns from and against any liability for the injury or death of any person(s) and damage to property or loss resulting from, or in any way related to my negligent or intentional act or omission while participating in physical exercise and activities or my entry to TLS facilities and/or studio. I have carefully read this waiver and release agreement and understand the terms set forth herein and that this is a legally binding document that affects my rights and remedies.