WAIVER and RELEASE OF LIABILITY  

THE DANAHER METHOD LLC 

AUGUST 2024

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This Waiver and Release of Liability (the "Waiver") is executed by me, the undersigned  participant (the "Participant"), in favor of The Danaher Method LLC, including its respective  directors, officers, employees, agents, contractors, volunteers, and representatives (collectively,  the "Released Parties")  

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1. Acknowledgment and Assumption of Risk 

Participating in classes involves physical movement, and use of facilities and equipment, which  may involve strenuous activity, and may cause injury or aggravate an existing conditions,  whether foreseen or unforeseen. Therefore, I, the Participant, acknowledge that I am  participating in the classes, workshops, and other related activities (collectively, the “Classes”),  offered by the Released Parties, which may take place in a studio, outside, in my home, and/or  using online digital media. I acknowledge that participating in Classes has inherent risks, and I  am accepting and assuming such risks.  

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2. Physical Condition of Participant  

I represent and warrant that I am in good physical and mental condition, and that I have no  disability, impairment, and/or ailment that could be detrimental to my health, safety, and/or  comfort. I acknowledge that the Released Parties recommended that I consult with a qualified  medical professional prior to beginning the Classes. I further acknowledge that I have not been  advised to refrain from engaging in the sort of activities that take place during the Classes. I  understand that it is my responsibility to inform the Released Parties of any change in my  condition, any pain I may experience before, during, and/or after participating in the Classes. I  further acknowledge that if I am pregnant, I have, in fact, consulted with a qualified medical  professional before engaging in the Classes.  

  

3. Use of Facilities & Equipment 

I understand that the Classes may involve the use of facilities and equipment. I agree to follow  all instructions regarding the use of such facilities and equipment, and acknowledge that  improper use of such facilities and equipment can result in injury. I hereby assume full  responsibility for any injuries and damages that may occur due to my use of the facilities and  equipment, whether provided by the Released Parties, third parties, and/or me.  

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4. Participation Online and In-Home 

If I participate in Classes while at home, I acknowledge that it is my sole responsibility to create  a safe and suitable environment that is free of obstacles and hazards, for me, the Released  Parties, and for other participants 

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5. Cancelation Policy  

Participation in a class may be canceled for a full refund was with a 12 hours written notice via  email, SMS, or instant messaging, prior to the start of the class. A private session may be  canceled with a 25 hours written notice, prior to the start of the private session. If otherwise  canceled, I acknowledge that no refund or make-up classes will be provided.  

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6. Right to Terminate Participation  

The Danaher Method LLC reserves the right to cancel the participation of a participant at any  time, for any reason, without prior notice, including but not limited to, non-compliance with its  policies, disruptive behavior, or failure to meet financial obligations. 

 

7. No Promises  

I acknowledge that the Released Parties have neither made any promises nor made any claims  as to any fitness results and health results. Nor suggested to me any health or medical  treatments. I further acknowledge that I am not relying upon any statement or representation  made, if any, by the Released Parties.  

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8. Photography and Media Release 

I consent to the use, by the Released Parties and their successors and assigns, of my image,  likeness, voice, and content communicated to the Released Parties, whether directly or  indirectly, without any compensation. This shall correspond to a royalty free, fully paid up,  irrevocable, transferrable, sub-licensable, worldwide license to reproduce, publish, edit, and use  of my image, sound, likeness, and communicated content, in any medium and on any platform,  without compensation or attribution. I further waive any right to inspect and/or approve such  use, including any additional content that may accompany such use.  

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9. Consent to Receive Marketing Communications and Share of Information  By participating in Classes, you consent to receive marketing communications, including but not  limited to newsletters, promotional offers, and updates about events, via email, messaging,  phone, mail, and other contact methods. You may opt-out of receiving such communications at  any time by following the unsubscribe instructions included in the messages, or by contacting us  in writing. You further consent to the sharing and use of your information by third parties for  purposes including, but not limited to, marketing, promotions, and partnerships, that may be  relevant to your participation and to being a part of our community. You may opt-out of the use  of such information sharing by notifying us in writing  

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10. Intellectual Property  

All content provided by the Released Parties is owned by or licensed to the Danaher Method  LLC, and is protected by copyright and trademark laws. You shall not, and shall not attempt to,  and shall not authorize or allow any third party to,: (i) download or otherwise obtain a copy of the  content we provide, in any form; (ii) reverse engineer, reverse compile, decompile, disassemble,  or translate, exploit, or otherwise derive the source code of the content, or otherwise modify, the  content, or create any derivative works thereof; or (iii) use the content on behalf of any third  party or for any purpose; (iv) sell, resell, lease, license, sublicense, distribute, reproduce, copy,  duplicate, or otherwise transfer or exploit the content; (v) post, send, process or store infringing,  obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material  violating of third party rights if such ability is provided as part of the online Pilates Classes; (vi)  post, send, process or store material containing software viruses, worms, Trojan horses or other  harmful or malicious computer code, files, scripts, agents or programs; (vii) interfere with or  disrupt the integrity or performance of the content, or the service itself, or attempt to gain  unauthorized access to the service or related systems or networks; (viii) remove, alter or 

obscure any titles, marks, names, trademarks, copyright notices, proprietary notices, or other  indications of the intellectual property rights and/or the Released Parties’ rights and ownership  thereof, whether such notice or indications are affixed on, contained in or otherwise connected  to the service; (ix) use, or authorize or permit the use of, the content except as expressly as  permitted; (x) use the content or the services to perform any activity which is or may be, directly  or indirectly, unlawful, harmful, threatening, abusive, harassing, tortuous, or defamatory, nor to  perform any activity which breaches the rights of any third party. The content may be used only  by you and only for your direct benefit; in compliance with all applicable laws. You agree not to  copy, duplicate or imitate, in whole or in part, any concept, idea, business model, business  process, product, service or other intellectual property, or other ideas or content embodied, in  the content or learned by you from your use of or access to our content.  

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11. Equipment Needed for Online Access  

Online Classes are provided electronically, via the internet. It is your responsibility to ensure that you have your own access to the internet and for obtaining and maintaining any equipment  needed to be able to participate, including, without limitation, modems, hardware, software,  operating systems, as well as having an internet connection that is sufficiently fast.  

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12. Indemnification 

I agree to indemnify the Released Parties and hold them harmless from any and all claims,  actions, suits, procedures, costs, expenses, damages, and liabilities, including reasonable  attorney's fees and costs, as a result of my participation in the Classes, and to reimburse them  for any expenses incurred, as such expenses are incurred.  

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13. Online Services Warranty  

ONLINE SERVICES THAT ENABLE YOU TO PARTICIPATE IN ONLINE CLASSES,  INCLUDING SUCH ONLINE SERVICES THAT ENABLE YOU TO LEARN ABOUT THE  CLASSES, VIEW THIS WAIVER, AND AGREE TO IT, ARE PROVIDED “AS IS.” EXCEPT AS  OTHERWISE PROVIDED IN THIS WAIVER OR AS REQUIRED BY LAW, THE RELEASED  PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION,  MISDELIVERY OR FAILURE TO STORE ANY COMMUNICATIONS FROM YOU OR  PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF  ONLINE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA  DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ONLINE SERVICES  IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU  WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION  DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE  DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE  ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE  HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT  LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A  PARTICULAR PURPOSE, AND WE MAKE NO WARRANTY OR REPRESENTATION  REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ONLINE  SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED  THROUGH THE ONLINE SERVICES, OR THAT THE ONLINE SERVICES WILL MEET ANY  USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.  

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14. Waiver and Release  

I HEREBY FULLY AND FOREVER RELEASE, RELINQUISH, ACQUIT, DISCHARGE, AND  COVENANT NOT TO SUE, THE RELEASED PARTIES FROM ANY AND ALL CLAIMS,  DEMANDS, ACTIONS, CAUSES OF ACTION, COSTS, AND EXPENSES, WHETHER KNOWN 

AND UNKNOWN, CONTINGENT, ACCRUED, INCHOATE, OR OTHERWISE, WHETHER IN  BREACH OF CONTRACT, TORT, PROPERTY DAMAGE, AND WRONGFUL DEATH. THAT I,  AND MY REPRESENTATIVES, HEIR, AND ASSIGNS, MAY HAVE AGAINST THE RELEASED  PARTIES, WHETHER JOINTLY OR SEVERALLY, ARISING OUT OF OR RELATING TO ANY  AND ALL CLAIMS, ACTIONS, AND CAUSES OF ACTION, WHETHER STEMMING FROM  CONTRACTS AND/OR TORTS, WHETHER STATUTORY OR IN COMMON LAW, FOR ANY  AND ALL INJURIES, DAMAGES, AND/OR LOSSES WHICH I MAY SUSTAIN ARISING IN  CONNECTION WITH MY PARTICIPATION IN THE CLASSES.  

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15. Severability 

If any provision of this Waiver is found to be unenforceable or invalid, that provision shall be  reformed by agreement of the parties hereto, or by a finder of fact, so as to effect the original  intent of the parties as close as possible. Any other provisions in this Waiver shall continue to be  enforceable to the fullest extent permitted by law  

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16. Governing Law 

This Waiver shall be governed by and construed in accordance with the laws of the State of  New York, without giving effect to any principles of conflicts of law. I agree that personal and  subject matter jurisdiction will be in Kings County in the State of New York.  

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Acknowledgment of Understanding 

I hereby acknowledge that I have read this Waiver, fully understand its terms, and understand  that I am giving up substantial rights, including my right to sue and otherwise demand  compensation. I acknowledge that I am signing this Waiver freely and without any inducement. I  intend my signature to be a complete and unconditional release of all liability to the greatest  extent permitted by law. I further acknowledge that I am entering into this Waiver on behalf of  my heirs and assigns.