Waiver

CALDERA HOT PILATES & STRENGTH

TERMS OF SERVICE, LIABILITY WAIVER & MEDIA RELEASE

 
IMPORTANT LEGAL AGREEMENT – READ CAREFULLY

This is a legally binding agreement. By signing below, you acknowledge that you are waiving certain legal rights, including the right to bring a lawsuit.

1. PARTIES

This Agreement is entered into between Caldera Studios, LLC d/b/a Caldera Hot Pilates & Strength (“Caldera”) and the undersigned participant (“Participant”). If Participant is under 18 years of age, a parent or legal guardian must also sign and agrees to all terms herein.

 
2. WAIVER AND RELEASE OF LIABILITY

To the fullest extent permitted under Tennessee law, Participant knowingly, voluntarily, and expressly waives, releases, and discharges any and all claims, demands, causes of action, or liability of any kind against Caldera and its owners, members, managers, employees, contractors, instructors, agents, affiliates, and representatives (collectively, the “Released Parties”) arising out of or related to:
● Participation in any classes, training, programs, or activities
● Use of Caldera’s facilities, premises, or equipment
● Instruction, supervision, or negligent acts or omissions

This waiver and release includes, without limitation, claims based on the ordinary negligence of the Released Parties, to the maximum extent allowed by Tennessee law.

 
3. ASSUMPTION OF RISK

Participant understands that participation in hot pilates, yoga, strength training, and heated fitness environments involves inherent and significant risks, including but not limited to:
● Heat-related illness (including dehydration, heat exhaustion, or heat stroke)
● Dizziness, fainting, or cardiovascular strain
● Muscle, ligament, or joint injuries
● Slips, falls, or equipment-related injuries
● Aggravation of pre-existing medical conditions
● Serious bodily injury or death
Participant voluntarily assumes all risks, known or unknown, foreseeable or unforeseeable, even if arising from the negligence of the Released Parties.

 

4. INDEMNIFICATION


Participant agrees to indemnify, defend, and hold harmless the Released Parties from any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of or related to:
● Participant’s participation in Activities
● Participant’s breach of this Agreement
● Any claims brought by third parties arising from Participant’s actions

 

5. PARTICIPANT REPRESENTATIONS & HEALTH CERTIFICATION


Participant represents and warrants that:
● Participant is physically and mentally capable of safely participating
● Participant has no medical condition that would prevent safe participation, or has consulted a physician prior to participation

● Participant is not under the influence of drugs or alcohol that would impair safe participation
● Participant is not participating against medical advice

Participant acknowledges that heated exercise increases physical risk and agrees to:
● Monitor their own physical condition
● Stay hydrated
● Stop activity immediately if experiencing discomfort, dizziness, or distress

Participant agrees to notify Caldera of any relevant health conditions or changes.

 

6. RULES, CONDUCT & SAFETY


Participant agrees to:
● Follow all instructions given by instructors and staff
● Use equipment properly and safely
● Comply with all studio policies and posted rules
Caldera reserves the right to deny entry or remove any Participant for safety concerns, misconduct, or violation of policies, without refund.

 

7. PROPERTY LOSS


Participant understands and agrees that Caldera is not responsible for any lost, stolen, or damaged personal property brought onto the premises.

 

8. INTELLECTUAL PROPERTY


All classes, formats, sequences, branding, and programming are the exclusive intellectual property of Caldera Studios, LLC. Participant agrees not to record, reproduce, distribute, or exploit any portion of Caldera’s services without prior written consent.

 

9. PHOTO & MEDIA RELEASE

Participant grants Caldera and its representatives the irrevocable right and permission to photograph, record, or otherwise capture Participant’s image, likeness, voice, and/or
performance while participating in Activities.

Participant agrees that such materials may be used for lawful promotional, marketing, advertising, and social media purposes, without compensation, notice, or further consent.

Participant waives any right to inspect or approve the final materials and releases Caldera from any liability arising from such use.

If Participant does not wish to be photographed or recorded, Participant must notify Caldera in writing prior to participation.

 
10. GOVERNING LAW &  VENUE


This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee.
Any dispute arising out of or related to this Agreement shall be brought exclusively in the state or federal courts located in Knox County, Tennessee, and Participant consents to such jurisdiction and venue.

 

11. SEVERABILITY

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

 

12. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous understandings.

 

13. ACKNOWLEDGMENT OF UNDERSTANDING


Participant acknowledges that:

● They have carefully read this Agreement in its entirety
● They fully understand its terms
● They are voluntarily giving up substantial legal rights, including the right to sue
● They are signing this Agreement freely and without inducement

 

SIGNATURE
Participant Name: ___________________________
Signature: _________________________________
Date: _____________________________________