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.