LIMITATION OF LIABILITY
By signing your initial "Enlistee" contract and/or attending classes, events, activities, and other programs and using Equilibrium’s facilities and equipment, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in the strenuous nature of the Equilibrium workout program. You acknowledge that you have voluntarily chosen to participate in a program of intense physical exercise. You acknowledge that Equilibrium strongly recommends that you consult with your physician prior to commencing any class. You also acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries.
You further acknowledge that the specific risks vary from one activity to another, but range from:
(1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death. At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by trainers and staff. In consideration of being allowed to participate in and access the Equilibrium classes and studio facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Equilibrium classes and studio facilities, (2) release, indemnify, and hold harmless Equilibrium, subsidiary affiliate entities and franchisees, and each of their respective members, employees and representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Equilibrium classes or Equilibrium studio facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of Equilibrium classes and studio facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in participating in Equilibrium classes and use of studio facilities, and should not be participating in any classes.
OUR COMMITMENT TO YOU
(1) We will respect your personal decisions, and allow you to make your own decisions about what exercise you can carry out. However, we ask you not to exercise beyond what you consider to be your own abilities. (2) We will make every reasonable effort to make sure that our equipment and facilities are in a safe condition for you to use and enjoy. (3) We will take all reasonable steps to make sure that our staff are qualified to the fitness industry standards as set out by the register of exercise professionals. (4) If you tell us that you have a disability which puts you at a substantial disadvantage in accessing our equipment and facilities, we will consider what adjustments, if any, are reasonable for us to make.
YOUR COMMITMENT TO US
(1) You should not exercise beyond your own abilities. If you know or are concerned that you have a medical condition which might interfere with you exercising safely, before you use our equipment and facilities you should get advice from a relevant medical professional and follow that advice. (2) You should make yourself aware of any rules and instructions, including warning notices. Exercise carries its own risks. You should not carry out any activities which you have been told are not suitable for you. (3) You should let us know immediately if you feel ill when using our equipment or facilities. Our staff members are not qualified doctors, but there will be a person available who has had first-aid training. (4) If you have a disability, you must follow any reasonable instructions to allow you to exercise safely.
From time to time we may gather photography and video footage from your class, event or appointment. These will be used by Equilibrium for marketing and publicity in our publications, on our website and in social media or in any third-party publication. We will make you aware this is happening, but if for any reason you do not wish to be in shot or for your photograph to be used, you should let the photographer or instructor know and we will make sure you do not feature.
Equilibrium are committed to ensuring protection of all personal information that we hold, and to provide and to protect all such data. We recognise our obligations in updating and expanding this program to meet the requirements of GDPR.