SĀMA STUDIO
FACILITY ENTRY - RELEASE OF LIABILITY & ASSUMPTION OF RISK AGREEMENT
Applicable to All Members, Guests, Visitors & Other Persons Entering the Studio
THIS AGREEMENT APPLIES TO EVERY PERSON WHO ENTERS SAMA STUDIO, WHETHER OR NOT THAT PERSON HOLDS A MEMBERSHIP, PARTICIPATES IN A CLASS, EXERCISES, USES EQUIPMENT OR FACILITIES, OR IS PRESENT SOLELY AS A GUEST, VISITOR, VENDOR, OR ACCOMPANYING PERSON.
Entering, using, or participating in activities at facilities owned or operated by Sama Studio LLC (“Sama Studio”) involves inherent risks of injury to you or persons accompanying you, whether caused by you, another participant, equipment, the premises, or another person. Risks vary by activity and may range from minor injuries to serious or catastrophic injuries, including but not limited to sprains, strains, fractures, muscle or ligament tears, joint injuries, heat-related illness, falls, equipment-related injuries, and death.
In consideration of being permitted to enter the Studio or participate in activities offered by Sama Studio, you understand and voluntarily accept these risks. To the fullest extent permitted by applicable law, you, on behalf of yourself and your heirs, estate, executors, administrators, and assigns, release Sama Studio LLC and its owners, officers, directors, employees, instructors, volunteers, agents, representatives, and independent contractors, and their respective successors and assigns (collectively, the “Releasees”) from liability for personal, bodily, or mental injury, economic loss, property damage, or other damage suffered by you, your spouse, guests, family members, relatives, or minors accompanying you or under your care, arising from your presence at or use of the Studio, including claims relating to ordinary negligence, active or passive, whether related to exercise, instruction, training, supervision, advice, or any other Studio activity or not.
You further agree, to the fullest extent permitted by applicable law, to hold harmless, defend, and indemnify the Releasees from liability, damages, defense costs, attorneys’ fees, and other costs incurred in connection with claims brought by you, your guests, or minors accompanying you or under your care. This obligation does not apply to the extent a court or other tribunal of proper jurisdiction determines that liability resulted from gross negligence or intentional misconduct, or another basis that cannot lawfully be waived or indemnified.
Sama Studio provides instructional, fitness, and wellness services. Activities may include, without limitation, Reformer Pilates, Mat Pilates, Hot Pilates, Yoga, Hot Yoga, Barre, Aerial classes, mobility, stretching, strength or conditioning activities, recovery services, and other fitness or wellness programming offered or designated by the Studio. The Releasees do not manufacture fitness or other equipment and may purchase, or lease equipment used at the facility.
The Studio premises may also include products, services, professionals, vendors, or contractors operating independently or providing separately offered services. To the fullest extent permitted by law, Sama Studio is not responsible for the independent acts or omissions of third-party vendors or service providers that are not acting as agents of Sama Studio.
You acknowledge that you are responsible for using reasonable care while on the premises, following posted rules and staff instructions, using equipment only as intended, and informing Studio personnel of unsafe conditions you observe. If you participate in physical activity, you are responsible for determining whether you are physically able to participate and seeking appropriate medical advice when necessary.
By signing this Agreement, you acknowledge that you have read and understood the foregoing, understand the nature of the activities and risks associated with entering and using Sama Studio, and voluntarily agree to these terms. If any provision of this Agreement is found invalid or unenforceable under applicable law, the remaining provisions shall remain in effect to the fullest extent permitted by law.
Nothing in this Agreement is intended to waive any right or remedy that cannot legally be waived under applicable law. This Agreement shall be governed by the laws of the State of Florida. Any dispute arising under or relating to this Agreement shall be subject to the exclusive jurisdiction and venue of the state and federal courts located in Miami-Dade County, Florida.
ACKNOWLEDGMENT
I acknowledge that I am at least 18 years of age and legally competent to enter into this Agreement, and that this release applies to my entry into Sama Studio and all future visits, regardless of whether I am a member or whether I participate in exercise or any Studio activity.