INFORMED CONSENT, WAIVER & RELEASE OF LIABILITY
BY PURCHASING, SUBSCRIBING AND USING PILATISTIC® VIRTUAL LIBRARY, AND ALL ACCOMPANYING MATERIALS, YOU ARE AGREEING TO THE TERMS COVERED WITHIN THIS WAIVER AND RELEASE.
The videos and workouts in this library range from simpler to harder levels and variations that you may choose to try, or to stop, watch and modify. General guidance and progressions may be offered, but we do not offer individual instruction therefore we do not recommend taking part should you have injuries you cannot manage.
These workouts and workshops have been marketed to you as a Pilates teacher /experienced practitioner; you must have the know‐how to take care of your own body; know when to modify, know when to push
harder.If you come to any exercise in which your body is not happy, or that doesn’t feel right, modify or leave it out.
I have volunteered to participate in a program of progressive physical exercise.
I intend to assume all risk of injury from my participation. By purchasing, subscribing and using PILATISTIC® Virtual Library, and all accompanying materials, I acknowledge and agree to the
following:
a) The muscular and cardiovascular conditioning used in these videos utilizes, stretching and strengthening. I am advised not to undertake strenuous physical activity without first seeking medical advice if I have concerns over my physical condition and wellbeing. During and after exercise there always exists a potential for muscle soreness and stiffness, abnormal blood pressure, fainting, disorders of the heartbeat, and could – in very rare instances – catalyze heart attack or death. I assume all of the foregoing risks, and accept personal responsibility for any damages or other injury I might suffer.
b) I am required to follow the instructions of the Instructor at all times however I know that I have the right to choose what exercises I do or do not perform in addition to withdrawing from any exercise at any time. Advice provided by PILATISTIC®, founders and owners Marian Martín Tarín and Miguel Jorge Junior, their collaborators, successors, assignees, employees, officers, directors, shareholders, and all persons, corporations, partnerships and other entities with which they are or may be affiliated in the future, at no time constitutes medical advice in substitute for advice provided by a medical professional.
c) In consideration of my purchase and participation in PILATISTIC® Virtual Library taught by PILATISTIC®, founders and owners Marian Martín Tarín and Miguel Jorge Junior, their collaborators, successors, assignees, employees, officers, directors, shareholders, and all persons, corporations, partnerships and other entities with which they are or may be affiliated in the future and accompanying visual manual materials, I hereby fully and forever waive and release (discharge and hold harmless) PILATISTIC®, founders and owners Marian Martín Tarín and Miguel Jorge Junior, their collaborators, successors, assignees, employees, officers, directors, shareholders, and all persons, corporations, partnerships and other entities with which they are or may be affiliated in the future, from any and all responsibility or liability for injuries or damages caused, or alleged to be caused, in whole or in part by the negligence of PILATISTIC® and/or resulting from my use of any of her videos or other materials. PILATISTIC® and founders and owners Marian Martín Tarín and Miguel Jorge Junior, their collaborators, successors, assignees, employees, officers, directors, shareholders, and all persons, corporations, partnerships and other entities with which they are or may be affiliated in the future, accept no liability for loss or damage to my property or for any injury to me.
d) By purchasing, subscribing and using PILATISTIC® Virtual Library, and all accompanying materials, I am agreeing to the terms covered within this waiver and release. I understand that I may show this Informed Consent and Waiver & Release of Liability to, and consult with, my own independent legal counsel before purchasing and using PILATISTIC® Virtual Library videos and materials.
TERMS & CONDITIONS
You should carefully read the Terms of Use before using Our Site. By using Our Site, you agree to be bound by the Terms of Use. This is a legally binding agreement. If you do not agree with the Terms of Use you should not use Our Site.
1. We agree to provide you access to Our Site in accordance with the Terms of Use.
2. You agree to use Our Site in a manner consistent with any and all applicable rules and regulations.
3. You accept that Our Site is provided on an “as is, as available” basis.
4. ALL ARTICLES AND MATERIAL DISPLAYED BY US ON OUR SITE ARE FOR INFORMATION ONLY AND ARE NO SUBSTITUTE FOR SPECIFIC ADVICE.
5. YOUR ACCESS TO AND USE OF OUR SITE MAY BE TERMINATED AT ANY TIME FOR ANY REASON OR FOR NO REASON BY YOU OR BY US BY THE SENDING OF NOTICE TO THE OTHER PARTY.
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11. We reserve the right to monitor all materials posted on this bulletin board (“Postings”) and to remove any which we consider in our absolute discretion to be offensive or otherwise in breach of these Terms of Use.
12. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all material they contain and that such Postings shall not infringe any proprietary or other rights of third parties.
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14. The Terms of Use contain the entire understanding between us with respect of Our Site and no representation,
15. Should any part of the Terms of Use be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of the Terms of Use had been eliminated.
To the extent you have in any manner violated or threatened to violate Pilatistic.com and/or its affiliates’ intellectual property rights, Pilatistic.com and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in Barcelona-Mataró, and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Barcelona-Mataró. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Barcelona-Mataró. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.