1. Broad Application

This Waiver applies to all current and future participation by the Participant in or in connection with the Studio’s Services, whether at the Studio’s premises, at another venue, outdoors, online, by livestream, in recorded content, in private sessions, workshops, events, retail demonstrations, community pop-ups or otherwise, and whether the Services are provided by employees, owners, independent contractors, substitute instructors or guest facilitators.

2. Assumption of Risk

The Participant understands and acknowledges that physical exercise, Pilates, reformer training, mat training, movement classes, breathwork, mobility work, stretching, workshops, use of fitness or wellness equipment, and attendance in a studio environment involve inherent and other risks, dangers and hazards. Those risks include, without limitation, muscle strains, tears, sprains, fractures, falls, slips, collisions, equipment malfunction or misuse, dizziness, fainting, changes in blood pressure, aggravation of existing conditions, allergic reactions, emotional distress, illness, communicable disease exposure, pregnancy-related

complications, permanent disability and death. The Participant freely and voluntarily assumes all such risks, whether known or unknown, foreseeable or unforeseeable, and whether arising from the ordinary negligence of one or more of the Released Parties or otherwise, to the fullest extent permitted by law.

3. Participant Representations

The Participant represents and warrants that the Participant is in appropriate physical and mental condition to participate safely, has consulted a qualified health professional where appropriate, will follow all instructions and safety warnings, will stop immediately if pain, dizziness, illness or unusual symptoms occur, and will promptly disclose to the Studio any injury, condition, pregnancy, postpartum status, limitation or concern that could affect safe participation. If the Participant is pregnant, postpartum, recovering from injury or surgery, or managing any health condition, the Participant confirms that participation is at the Participant’s own risk and that the Participant has taken all medical advice the Participant considers necessary.

4. No Medical Advice; No Guaranteed Outcome

The Participant acknowledges that the Studio and its instructors do not provide medical diagnosis, treatment or therapy, and that cues, modifications and general wellness information are not medical advice. The Participant further acknowledges that the Studio does not guarantee any physical, therapeutic, aesthetic or other outcome from participation and does not guarantee the availability or continuity of any particular instructor or contractor.

5. Release and Waiver of Claims

To the fullest extent permitted by law, the Participant releases, waives, discharges and forever holds harmless the Released Parties from any and all claims, demands, damages, costs, expenses, actions, causes of action and liabilities of any kind, whether in contract, tort, equity, under statute or otherwise, arising out of or in any way connected with the Participant’s attendance at, participation in, use of or presence in connection with the Services, facilities, premises or equipment, including claims arising from the negligence of one or more of the Released Parties, except to the extent caused by the gross negligence or willful misconduct of a Released Party where such release is prohibited by law.

6. Indemnity

The Participant shall indemnify and hold harmless the Released Parties from and against any and all claims, losses, liabilities, damages, costs and expenses, including legal fees on a solicitor and own client basis, arising out of or relating to:

• the Participant’s acts or omissions;

• the Participant’s breach of Studio rules or agreements;

• the Participant’s failure to disclose a relevant condition or limitation;

• damage to property caused by the Participant; or

• any claim brought by or on behalf of a minor, family member, estate or third party arising from the Participant’s conduct or participation.

7. Emergency Medical Assistance

If the Participant becomes ill, injured or otherwise requires medical attention, the Participant authorizes the Studio to obtain or attempt to obtain emergency medical care, transportation, first aid or other assistance considered appropriate in the circumstances. The Participant understands that the Studio is under no duty to do so and that the Participant is solely responsible for all resulting costs.

8. Photography, Video and Media

Unless the Participant expressly opts out in writing before a particular session or event, the Participant consents to the capture and use of the Participant’s image, likeness, voice and appearance in photographs, videos, recordings and promotional materials created by or for the Studio for business, archival and marketing purposes, without compensation. The Participant waives any right to inspect or approve the finished product or to royalties or other compensation.

9. Property, Conduct and Removal

The Participant agrees to comply with Studio rules and instructions and acknowledges that the Studio may remove the Participant from a class, deny entry or terminate participation where the Studio reasonably considers it necessary for safety, conduct or operational reasons. No such action by the Studio creates liability on the part of the Studio.

10. Minors

If the Participant is under the age of 18, this Waiver must be signed by the Participant’s parent or legal guardian, who confirms that they have authority to bind the minor and themselves, consents to the minor’s participation, and agrees, both personally and on behalf of the minor, to all of the terms of this Waiver, including the release and indemnity.

11. Severability and Interpretation

This Waiver shall be interpreted broadly and in favour of enforceability to the fullest extent permitted by law. If any provision is held unenforceable, the remaining provisions shall continue in full force and effect. This Waiver binds the Participant and the Participant’s heirs, executors, administrators, legal representatives and assigns.

12. Governing Law

This Waiver is governed by the laws of British Columbia and the federal laws of Canada applicable therein, and any dispute shall be brought exclusively in the courts of British Columbia, subject to any law that prohibits that forum selection.

Acknowledgement

The Participant acknowledges that the Participant has carefully read this Waiver, understands that it affects legal rights, understands that by signing it the Participant is giving up substantial rights including the right to sue, and signs it freely and voluntarily intending it to be binding to the fullest extent permitted by law.

A signed digital copy of your agreement will be available under your Peach Room registered account.