SEEK STUDIO LIABILITY WAIVER AND RELEASE OF LIABILITY

At Seek Studio, we are committed to creating a safe, supportive, and high-quality movement experience. Please read the following carefully before participating.

1. ASSUMPTION OF RISK

I acknowledge and agree that participation in physical exercise, fitness training, yoga, cycling, strength training, Pilates, mobility work, workshops, events, and any other programs or services offered by Seek Studio (collectively, the “Activities”) involves inherent risks, including but not limited to serious bodily injury, illness, permanent disability, paralysis, and death.

I understand that these risks may arise from, without limitation:

  • My own physical condition or limitations

  • The actions or omissions of Seek Studio, its owners, instructors, contractors, employees, or agents

  • The use or misuse of equipment or facilities

  • Slips, trips, falls, or other accidents on or about the premises

  • Equipment malfunction or failure

  • Participation in group classes, private sessions, events, late arrivals, or offsite activities

I expressly and voluntarily assume all risks, known and unknown, foreseeable and unforeseeable, including those arising from the negligence (whether active or passive) of Seek Studio, its owners, instructors, independent contractors, employees, agents, affiliates, successors, and assigns (collectively, the “Released Parties”).

I further agree that I am solely responsible for determining whether I am physically fit and adequately prepared to participate in any Activities.

2. RELEASE AND WAIVER OF LIABILITY

To the fullest extent permitted by law, I hereby release, waive, discharge, and covenant not to sue the Released Parties from any and all claims, demands, causes of action, damages, losses, or liabilities of any kind (whether known or unknown, anticipated or unanticipated), arising out of or related to:

  • My participation in any Activities

  • My presence on or use of Seek Studio premises, facilities, equipment, or services

  • Any instruction, supervision, or guidance provided

  • Any equipment malfunction, maintenance issue, or facility condition

  • Any act or omission, including negligence, of the Released Parties

This release includes, without limitation, claims arising from:

  • Personal injury or death

  • Property loss, theft, or damage

  • Negligent instruction, supervision, hiring, or retention

  • Premises liability, including slips, trips, or falls

  • Travel to or from Seek Studio or any offsite or related activity

3. INDEMNIFICATION

I agree to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, demands, liabilities, damages, costs, and expenses (including attorneys’ fees) arising out of or related to:

  • My participation in any Activities

  • My actions or omissions

  • My violation of any rules, policies, or instructions

  • Any claims brought by or on behalf of third parties arising from my conduct

4. HEALTH REPRESENTATIONS

I represent and warrant that:

  • I am in good physical condition and have no medical condition that would prevent safe participation

  • I have consulted with a physician if necessary prior to participation

  • I will stop participation immediately if I experience pain, dizziness, or discomfort

I understand that Seek Studio does not provide medical advice, diagnosis, or treatment.

5. EQUIPMENT, FACILITY, AND ACTIVITY RESPONSIBILITY

I acknowledge and agree that I am solely and fully responsible for any injury, damage, or loss I may sustain arising out of or related to any and all Activities, including but not limited to:

  • Participation in classes, training sessions, or events

  • Use of any equipment (whether provided by Seek Studio or otherwise)

  • Presence in or use of any area of the facility, including studios, locker rooms, bathrooms, common areas, sidewalks, parking areas, and surrounding premises

I accept full responsibility for my participation and agree that I assume all risks associated with all Activities, equipment use, and facility use at Seek Studio.

6. CANCELLATION, LATE ARRIVAL, AND SELF-DIRECTED PARTICIPATION

I acknowledge and agree that arriving late to a class, leaving early, or missing any portion of instruction, including warm-up, safety guidance, or demonstrations, increases the risk of injury.

If I choose to:

  • Arrive late

  • Leave early

  • Participate without full instruction

  • Re-enter a class in progress

I do so voluntarily and assume all associated risks, including any increased risk of injury.

I further acknowledge that if I participate in any Activities without direct supervision (including before or after class or while waiting), I do so entirely at my own risk.

Seek Studio and its instructors reserve the right to deny participation to late arrivals for safety reasons, and any decision to allow participation does not reduce or eliminate my assumption of risk.

7. PERSONAL PROPERTY

I acknowledge that I am solely responsible for my personal belongings. Seek Studio is not responsible for any lost, stolen, or damaged property.

8. PHOTO AND MEDIA RELEASE

I acknowledge that Seek Studio may photograph, film, or record Activities for marketing, promotional, or commercial purposes.

By signing this Agreement, I grant Seek Studio permission to use my image, likeness, voice, and/or appearance in such media without compensation.

I understand that:

  • Seek Studio will make reasonable efforts to notify clients when media is being captured

  • I have the right to request not to be photographed or recorded

  • If I do not wish to be included, it is my responsibility to inform Seek Studio staff in advance or at the time media is being captured

I agree that Seek Studio will make reasonable efforts to honor such requests; however, I release the Released Parties from any liability arising from the incidental or unintentional capture or use of my image.


9. SEVERABILITY AND GOVERNING LAW

I agree that this Agreement is intended to be as broad and inclusive as permitted by the laws of the State of Utah. If any provision is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

10. ACKNOWLEDGMENT AND VOLUNTARY EXECUTION

I acknowledge that:

  • I have carefully read and fully understand this Agreement

  • I understand that I am giving up substantial legal rights, including the right to sue

  • I am signing this Agreement voluntarily and without any inducement or assurance

  • This Agreement is binding on me and my heirs, executors, administrators, and assigns

11. CODE OF CONDUCT AND RIGHT TO REFUSE SERVICE

I agree to conduct myself in a respectful, safe, and appropriate manner at all times while participating in Activities or present at Seek Studio.

I agree to treat with respect:

  • Seek Studio owners

  • Instructors, staff, and independent contractors

  • Other clients and community members

I understand that inappropriate behavior includes, but is not limited to:

  • Disruptive, unsafe, or disrespectful conduct

  • Harassment, discrimination, or intimidation of any kind

  • Failure to follow studio policies, instructions, or safety guidelines

Seek Studio reserves the absolute right, in its sole discretion, to:

  • Refuse service

  • Remove me from any class, session, or event

  • Suspend or terminate my access to the studio and its services

at any time, without refund or compensation, if my behavior is deemed unsafe, inappropriate, or inconsistent with the studio’s standards.

I agree that any such action taken by Seek Studio shall not give rise to any claim, liability, or legal action against Seek Studio or the Released Parties.

12. COMMUNICABLE DISEASE ACKNOWLEDGMENT

I acknowledge that participation in Activities at Seek Studio may expose me to communicable illnesses, including but not limited to viral or bacterial infections.

I understand that such exposure may result from contact with other clients, instructors, staff, shared equipment, or surfaces, and may occur despite reasonable cleaning and safety measures.

I voluntarily and knowingly assume all risks related to exposure, illness, transmission, or infection, whether known or unknown, including those arising from the negligence (whether active or passive) of the Released Parties.

I agree that I will not attend Seek Studio if I am experiencing symptoms of illness or have reason to believe I may be contagious.

I hereby release and discharge the Released Parties from any and all claims, demands, or causes of action arising out of or related to illness, infection, or transmission.

13. HANDS-ON ASSISTS AND PHYSICAL CONTACT

I understand that, as part of instruction, Seek Studio instructors may offer hands-on adjustments, physical guidance, or tactile cueing to support alignment, safety, or performance.

I acknowledge that:

  • Participation in such contact is voluntary

  • I have the right to decline any hands-on assistance at any time

  • It is my responsibility to communicate my preferences clearly to the instructor

I assume all risks associated with such physical contact and hereby release the Released Parties from any liability arising from or related to such contact, including claims of injury or discomfort, except to the extent prohibited by law.

14. DISPUTE RESOLUTION (MEDIATION AND ARBITRATION)

To the fullest extent permitted by law, I agree that any dispute, claim, or controversy arising out of or relating to this Agreement or my participation in Activities at Seek Studio shall be resolved as follows:

  1. Good Faith Effort: The parties agree to first attempt to resolve any dispute informally and in good faith.

  2. Mediation: If the dispute cannot be resolved informally, it shall be submitted to non-binding mediation in the State of Utah before a mutually agreed-upon mediator.

  3. Binding Arbitration: If mediation is unsuccessful, the dispute shall be resolved by final and binding arbitration in the State of Utah, in accordance with applicable arbitration rules.

I understand and agree that:

  • I am waiving my right to a trial by judge or jury

  • I am waiving my right to participate in a class action lawsuit or class-wide arbitration

  • Arbitration shall be the exclusive method for resolving disputes, except as otherwise required by law

Agreement

By signing below, I acknowledge that:

  • I have read and understand this waiver

  • I am voluntarily giving up certain legal rights, including the right to sue

  • I accept full responsibility for my participation


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