Waiver of Liability and Assumption of Risk Agreement
Pole Bait LLC
I HEREBY ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS BEFORE PARTICIPATING IN A POLE FITNESS COACHING SESSION WITH AN INDEPENDENT CONTRACTOR AT POLE BAIT LLC OR ATTENDING THE FLOWBAIT LA EVENT. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE SIGNING.
ASSUMPTION OF RISK: I UNDERSTAND THAT PHYSICAL EXERCISE, PARTICULARLY IN THE CONTEXT OF POLE FITNESS, CAN BE STRENUOUS AND MAY POSE A RISK OF SERIOUS INJURY. I ACKNOWLEDGE THAT I AM ENCOURAGED TO SEEK A PHYSICAL EXAMINATION FROM A QUALIFIED PHYSICIAN BEFORE ENGAGING IN ANY EXERCISE ACTIVITY.
I RECOGNIZE THAT SUCH PHYSICAL ACTIVITY AND EXERTION MAY BE DIFFICULT AND STRENUOUS AND MAY CAUSE OR AGGRAVATE A PHYSICAL INJURY OR MEDICAL CONDITION. I AGREE THAT, BY ENGAGING IN ANY PHYSICAL EXERCISE OR ACTIVITY, I DO SO ENTIRELY AT MY OWN RISK.
USE OF X-POLE STAGE POLES AT FLOWBAIT LA: I ACKNOWLEDGE THAT X-POLE STAGE POLES WILL BE PROVIDED FOR USE AT THE FLOWBAIT LA EVENT. I UNDERSTAND THAT THE USE OF THESE POLES INVOLVES INHERENT RISKS, INCLUDING BUT NOT LIMITED TO THE RISK OF SERIOUS INJURY OR DEATH. I AGREE THAT BY USING THESE POLES, I DO SO ENTIRELY AT MY OWN RISK. I ACCEPT FULL RESPONSIBILITY FOR ANY INJURIES OR DAMAGES THAT MAY OCCUR AS A RESULT OF MY USE OF THE X-POLE STAGE POLES.
RELEASE OF LIABILITY: I UNDERSTAND AND VOLUNTARILY ACCEPT ALL THE RISKS ASSOCIATED WITH PARTICIPATING IN ANY ACTIVITY OR TRAINING SESSION AND RECEIVING INSTRUCTION, TRAINING, AND SUPERVISION BY MY INSTRUCTOR WHILE AT POLE BAIT LLC OR ATTENDING THE FLOWBAIT LA EVENT.
I HEREBY RELEASE AND DISCHARGE POLE BAIT LLC, ITS INDEPENDENT CONTRACTORS, THE DANCE/POLE INSTRUCTOR (REFERRED TO AS "INSTRUCTOR"), THE FOUNDERS OF FLOWBAIT LA (NAYA SOMANYA TAYLOR AND YOZMINE MODESTE), AND ANY PROVIDERS OF THE X-POLE STAGE POLES FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION ARISING FROM OR RELATED TO MY PARTICIPATION IN THE PRIVATE COACHING SESSION OR USE OF THE X-POLE STAGE POLES AT THE FLOWBAIT LA EVENT. I WILLINGLY GIVE UP OR WAIVE ANY RIGHT I MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST THE INSTRUCTOR, POLE BAIT LLC, NAYA SOMANYA TAYLOR, YOZMINE MODESTE, OR ANY OTHER INDIVIDUAL WHO BRINGS A STAGE POLE TO THE EVENT AND PERMITS OTHERS TO USE IT, FOR PERSONAL INJURY OR PROPERTY DAMAGE.
THIS RELEASE ALSO EXTENDS TO ANY POTENTIAL NEGLIGENCE ON THE PART OF THE INSTRUCTOR, POLE BAIT LLC, NAYA SOMANYA TAYLOR, OR ANY THIRD PARTY PROVIDING THE X-POLE STAGE POLES, OR ANY INDIVIDUAL WHO BRINGS A STAGE POLE TO THE EVENT.
ACKNOWLEDGMENT OF STUDIO CONDUCT POLICIES
I ACKNOWLEDGE THAT I HAVE READ AND AGREE TO ABIDE BY THE POLEBAIT STUDIO CONDUCT & BOOKING POLICIES, AVAILABLE AT POLEBAIT.COM/STUDIO-POLICY (THE "STUDIO POLICIES"), WHICH ARE INCORPORATED INTO THIS AGREEMENT BY REFERENCE. I UNDERSTAND THAT THE STUDIO POLICIES MAY BE UPDATED FROM TIME TO TIME AT THE SOLE DISCRETION OF POLE BAIT LLC, AND THAT IT IS MY RESPONSIBILITY TO REVIEW THE CURRENT VERSION BEFORE EACH SESSION. MY CONTINUED BOOKING AND ATTENDANCE AT POLEBAIT CONSTITUTES ONGOING AGREEMENT TO THE CURRENT STUDIO POLICIES.
REMOVAL AND FORFEITURE
I UNDERSTAND THAT POLE BAIT LLC RESERVES THE RIGHT TO REFUSE SERVICE TO, OR PERMANENTLY REMOVE FROM ITS STUDIO AND BOOKING SYSTEM, ANY PARTICIPANT AT ITS SOLE DISCRETION. GROUNDS FOR REMOVAL INCLUDE, BUT ARE NOT LIMITED TO, ANY PARTICIPANT WHO:
(A) DISRUPTS THE STUDIO, INTERFERES WITH ANY SESSION IN PROGRESS, OR ARRIVES WITHOUT A CONFIRMED BOOKING;
(B) HARASSES, INTIMIDATES, OR MAKES ANY OTHER STUDENT, INSTRUCTOR, GUEST, OR STAFF MEMBER FEEL UNSAFE OR UNCOMFORTABLE, INCLUDING THROUGH UNWANTED PHYSICAL CONTACT, COMMENTS ABOUT ANOTHER PERSON'S BODY OR APPEARANCE, OR RECORDING OR PHOTOGRAPHING ANY PERSON IN THE STUDIO WITHOUT THEIR EXPLICIT CONSENT;
(C) ENGAGES IN ANY VERBAL OR PHYSICAL ASSAULT TOWARD STUDENTS, INSTRUCTORS, STAFF, OR ANY OTHER PERSON PRESENT IN THE STUDIO;
(D) BRINGS UNAUTHORIZED GUESTS TO THE STUDIO OR EXCEEDS THE PERMITTED GUEST ALLOWANCE FOR THE BOOKED SESSION TYPE;
(E) BOOKS SESSIONS BEYOND WHAT THEY HAVE PURCHASED OR ARE ENTITLED TO UNDER THEIR PACKAGE, WHETHER INTENTIONALLY OR OTHERWISE.
I FURTHER UNDERSTAND AND AGREE THAT IF I AM REMOVED FROM POLEBAIT FOR ANY OF THE REASONS ABOVE, OR FOR ANY OTHER VIOLATION OF THE STUDIO POLICIES, I FORFEIT ANY AND ALL UNUSED SESSIONS, CLASS PACKAGE CREDITS, MEMBERSHIP CREDITS, OR PREPAID FEES, AND I AM NOT ENTITLED TO A REFUND OR REIMBURSEMENT OF ANY KIND.
PAYMENT AND DISPUTE ACKNOWLEDGMENT
I ACKNOWLEDGE THAT ALL PAYMENTS MADE TO POLE BAIT LLC ARE FOR SERVICES TO BE RENDERED IN ACCORDANCE WITH THE STUDIO POLICIES. I AGREE THAT MY FAILURE TO ATTEND A BOOKED SESSION, MY ARRIVAL OUTSIDE OF THE ADMISSION WINDOW DEFINED IN THE STUDIO POLICIES, OR MY REMOVAL FROM THE STUDIO FOR POLICY VIOLATION DOES NOT CONSTITUTE NON-DELIVERY OF SERVICES AND IS NOT GROUNDS FOR A REFUND OR PAYMENT DISPUTE.
I AGREE TO CONTACT POLE BAIT LLC DIRECTLY AT INFO@POLEBAIT.COM TO RESOLVE ANY BILLING CONCERN BEFORE INITIATING A CHARGEBACK, PAYMENT DISPUTE, OR REVERSAL WITH MY BANK OR CARD ISSUER. I UNDERSTAND THAT THIS SIGNED AGREEMENT MAY BE PROVIDED AS EVIDENCE IN ANY SUCH DISPUTE.
SEVERABILITY
IF ANY PART OF THIS RELEASE FROM LIABILITY IS DEEMED INVALID BY A COURT OF COMPETENT JURISDICTION, THE REMAINING PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT. THE OFFENDING PROVISION WILL BE SEVERED FROM THE AGREEMENT.
BY SIGNING THIS RELEASE, I ACKNOWLEDGE THAT I HAVE CAREFULLY READ AND FULLY UNDERSTAND ITS CONTENT. I ALSO ACKNOWLEDGE THAT THIS RELEASE CANNOT BE MODIFIED ORALLY.