Terms of Use and Service Agreement
● I understand that: (a) it is my responsibility to consult a physician prior to participating in any of the Activities;
(b) the Activities may require intense physical exertion; and (c) the Activities may cause or aggravate a physical
injury or medical condition.
● I represent and warrant that: (a) I am physically and mentally fit and have no medical conditions that would
prevent my full participation in the Activities; (b) I have not been instructed by a physician to avoid physical
activity and/or exercise; and (c) if I have consulted a physician, I have taken my physician’s advice.
● I understand my physical limitations and I am sufficiently self-aware to stop or modify my participation in any
Activity before I become injured or aggravate a pre-existing injury. I agree to notify the Company, Brikena
Pilates, Brikena Sadiku immediately of any changes to my health and of any pain or major discomfort felt while
participating in the Activities.
● I am aware that there is no obligation for any person to provide me with medical care during the Activity. I
understand and acknowledge that there may be no aid stations available for the Activity and, if medical care is
rendered to me, I consent to that care if I am unable to give my consent for any reason at the time the care is
rendered.
● I agree and acknowledge that if, in the subjective opinion of any Released Party (as defined below), I would be
at risk by participating in the Activities, I may be denied access to the Activities and related facilities until I
furnish an opinion letter from my medical physician, at my sole cost and expense, specifically addressing the
Released Party’s concerns and stating that the Released Party’s concerns are unfounded. I further agree and
acknowledge that at all times I shall comply with all stated and customary terms, posted safety signs, rules and
verbal instructions given to me by any Released Party.
● I agree to accept and assume full responsibility for any risks, injuries or damages, known or unknown, which I
might incur as a result of participating in the Activities, including those which may result from the negligence of
the Company, Brikena Pilates, Brikena Sadiku or from any defective product used while participating in the
Activities with the Company.
● I agree that the Company is in no way responsible for the safekeeping of my personal belongings.
● I acknowledge that the instructor may need to make physical contact with me in order to correct my exercise
technique or otherwise provide instruction. I acknowledge and accept that such contact is intended to be
professional and I consent to such physical contact. If at any time I am uncomfortable with the instructor’s
physical contact, I agree to express my preference to forego the instructional benefit of such contact in
confidence to the instructor, the Company, Brikena Pilates and Brikena Sadiku.
● In consideration of being permitted to participate in the Activities, I knowingly, voluntarily and expressly
release, waive, discharge and covenant not to sue the Company, Brikena Pilates, Brikena Sadiku and its officers,
directors, members, employees, teachers, agents, representatives and contractors (collectively, the “Released
Parties”) from any and all liability, claims, demands, actions and causes of action of any kind or nature arising
out of or related to any loss, damage or injury, including death, that I or any of my property may sustain
resulting from my participation in or in any way connected with my participation in the Activities, whether
caused by the negligence of the Released Parties or otherwise. I further agree to indemnify and hold harmless
the Released Parties from any loss, liability, damage or costs, including attorneys’ fees and court costs, the
Released Parties may incur arising out of or related to my participation in the Activities, whether caused by the
negligence of the Released Parties or otherwise, including as a result of negligent rescue operations.
● It is my express intent that this agreement binds my family members, spouse, heirs, assigns, personal
representatives and anyone else entitled to act on my behalf to the extent they act on my behalf, and is
deemed as a release, waiver, discharge and covenant not to sue the Released Parties.
● I grant my permission to the Company, Brikena Pilates, Brikena Sadiku and any transferee or licensee or any of
them, to utilize any photographs, motion pictures, videotapes, recordings and other references or records of
the Activities which may depict, record or refer to me for any purpose (the “Images”), including commercial use
by the Company and its sponsors and licensees. This permission is for use anywhere in the world and on the
Internet and for an unlimited period of time. I understand and agree that I will not be compensated or receive
additional consideration for consenting to the use of the Images and that I will not be given a chance to receive,
inspect or approve the promotional or marketing material, messages and/or content that may use the Images. I
hereby release the Released Parties including, without limitation, all persons who took or otherwise created,
recorded or modified the Images, from any and all claims, actions, damages, interest, costs, expense and
compensation of whatsoever kind and howsoever arising, whether known or unknown, and which I now have
or at any time hereafter can, shall or may have in connection with, or in any way resulting or arising from, the
Images and the creation, use or disposition of them. I acknowledge and agree that the Company, Brikena
Pilates, Brikena Sadiku shall own all right, title and interest, throughout the world, in and to the Images and any
materials compromising all or any part of the Images, and that the Company, Brikena Pilates, Brikena Sadiku has
the unrestricted right to use, license, sell, transfer or otherwise dispose of any or all of them, as well as the
Company’s, Brikena Pilates, Brikena Sadiku’s rights under this agreement, in any manner whatsoever and
without any accountability to me. I hereby assign to the Company, Brikena Pilates, Brikena Sadiku all right, title
and interest, throughout the world, I may have in and to the Images and any materials comprising all or any
part of the Images, including all intellectual property rights thereto. I hereby irrevocably waive any and all of my
moral rights and any other irrevocable rights I may have, throughout the world, in or to the Images and any
materials comprising all or part of the Images.
● Virtual course materials and recording policy. I agree that I cannot: 1) share, sell, or otherwise distribute any
course materials, and I cannot: 2) record, share, sell, or distribute lectures and slide presentations. Recording of
lectures and slide presentations for personal use and/or dissemination and/or sale is also prohibited.
● I understand that some of the information provided by me, including, but not limited to, my name, address, and
date of birth (the “Information”) will be collected and used by the Company, Brikena Pilates, Brikena Sadiku and
I consent to the transmission of the Information to the Company, Brikena Pilates, Brikena Sadiku its agents
and/or service providers and authorize the Company, Brikena Pilates, Brikena Sadiku its agents and/or service
providers to record, process and store such Information as necessary for purposes of providing and
administering the Activities and in accordance with any applicable privacy policy.
● If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision
shall be deemed severable from this agreement and shall not affect the validity and enforceability of any
remaining provisions.
● This agreement shall be governed by the laws of the State of New York, and all actions, suits, claims and
proceedings relating to this agreement shall be brought in a court of competent jurisdiction located in New
York, New York.
In consideration of the permission granted of me to enter and use “Brikena Pilates “, Brikena Sadiku and its various
programs, I, the undersigned, hereby irrevocably and unconditionally release, discharge, hold harmless, indemnify, and
covenant not to sue Brikena Pilates, Brikena Sadiku and their respective partners, members, officers, directors, agents,
contractors and employees (collectively, the “Releasees”) from any and all liabilities, illnesses, injures, losses, claims,
damages, demands, rights of action or causes of action, present or future, known or unknown, anticipated or
unanticipated, arising out of or in any manner resulting from my entry to and use of Brikena Pilates, Brikena Sadiku
whether caused in whole or in part by the negligence, acts, omissions, carelessness, or other conduct of the Releasees.
This Assumption of Risk and Waiver of Liability (this “Release”) shall be binding upon my heirs, executors, administrators
and assigns.
I understand that my access to, use of, or participation in Brikena Pilates and Brikena Sadiku carries certain inherent risks
that cannot be eliminated regardless of the care taken to avoid injuries. Further, I understand that there are inherent risks
associated with entering a public accommodation during the time of the COVID-19 pandemic. Some of these risks are
outlined below, but there may be other, unknown risks that are an inevitable part of physical exercise. Because of these
risks and hazards, serious accidents and illness can occur, including but not limited to contracting the COVID-19 virus,
complications of any existing or developing medical conditions, muscle sprains and strains, impact injuries, and broken
bones. All of these and others not listed here may result in injuries severe enough to require serious medical care, short
or long-term disability, dismemberment or even death. By signing this Release, I acknowledge that I am in good health
and do not suffer from any injuries, ailment, or illnesses which present a hazard to myself or others or may be
exacerbated by this activity.
My access to, use of, or participation in Brikena Pilates and Brikena Sadiku is completely voluntary, and I assume all risk
associated therewith, including, without limitation, scrapes, lacerations, impact injuries, illness, infection, mental stress
and anxiety, slips and falls, disfigurement, death, and any other risks foreseeable or not foreseeable. I acknowledge and
assume the risks associated entering a place of public accommodation during the COVID-19 pandemic, including but not limited to contracting the COVID-19 virus, and I acknowledge that the Releasees have warned me of this risk and have
not guaranteed a completely sterile environment in Brikena Pilates. In exchange for the releasees allowing me to enter
and use Brikena Pilates during the COVID-19 pandemic, I agree to waive all claims and forever release the releasees from
liability for any incidents, injuries or illnesses which may arise as a result of my entry into and use of Brikena Pilates.
By signing below, I acknowledge that I am aware of the risks related to my entry and use of Brikena Pilates, Brikena
Sadiku and its programs, I have read and understand this Release in its entirety, and I am releasing the Releasees from
any and all liability, including negligence and losses due to the negligence of the Releasees. I acknowledge I am signing
this Release voluntarily. I understand this document is a release of, without limitation, any liabilities, losses, claims,
damages, demands, rights of action or causes of action resulting from or arising out of my entry and use of Brikena
Pilates, Brikena Sadiku and its programs, along with the acts, omissions and negligence of the Releasees. This document
is intended to and shall be construed so as to provide the broadest possible protection for the Releasees under law. In
the event any provision of this Release is held to be unenforceable, such holding shall not affect the validity or
enforceability of the remainder of this Release, which shall remain binding upon the undersigned. I voluntarily sign my
name as evidence of my acceptance of all the provisions contained herein and my agreement to be bound by them.
I acknowledge that I have carefully read this agreement and fully understand its contents. I agree that no written or oral
representations, warranties statements or inducements apart from the foregoing written agreement have been made. By
participating in the program, you acknowledge that you have read our Agreement / Acceptance of Terms of Service
posted in our Website, terms of use of the website and any material consequences of following our website
recommendations and release us from any possible untoward consequences that may arise from physical participation
in our program. I have been given an opportunity to ask questions as to the procedures. I have read this Informed
Consent form, fully understand its terms, and accept the terms in its entirety.
Policies and Agreement of Terms of Service:
Please arrive at least 10 minutes early for your first lesson so that you may fill out our brief client questionnaire if you have not filled out on the websit
e or at home. Questionnaire it's advisable to be filled out in advance so we get a chance to prepare for the consultation.
Unless otherwise noted, all sessions are 50 minutes. If you are late to your session, the instructor must still end the session at the originally scheduled time.
Please arrive on time for group classes. For your safety and out of respect for other class participants, we cannot admit clients to class more than 10 minutes after the start of class.
For your safety, please do not enter the exercise space of the studio and use equipment without your instructor. Please do not use cell phones in the studio or dressing rooms. Please step outside should you need to make or take a call.
Wardrobe/Recommended Attire:
Exercise clothing should allow for a full range of movement. Biking shorts or leggings are recommended; please, no baggy shorts.
Grip Socks are mandatory
Shoes are not permitted in the studio
Cancellation Policy/Schedule Change Policy:
For all sessions, kindly give us 24 hours’ notice for cancellations. Cancellations/Changes made within 24 hours will be subject to the full charge. Please respect this policy as we have to book the hosting (rental) studio in advance.
For private sessions, we are required to wait 20-minutes and if we do not have any notice, we are free to leave, and you will be charged the full amount for that session.
- Reservations can be canceled by email or by calling.
- All packages and sessions expire 6 months after purchase.
- Gift cards expire 1 year after purchase
- All sales are final. No refunds, exchanges, extensions or transfers on any purchased services.
Safety Concerns:
As per the waiver, you must let Brikena Pilates or Brikena Sadiku know about pertinent health issues or anything you think may affect your workout with us.
If your condition changes - for instance, if you become pregnant or suffer even a minor fall - please let us know so that we may provide the best possible service for you.
All fitness equipment has its safety concerns, especially if used improperly. Please do not use equipment without your instructor present.
Pre & Postnatal:
Medical, Neurological Conditions, Surgery and Pre-Post Natal: We require medical clearance stating that working out is safe for you.