Nashville

A candlelit fusion of sculpt + stretch designed to slow you down while still working deeply through the body. Set to soft music, this graceful flow is your time to sculpt, unwind, and reset. \*Side Effect: You'll sleep like a baby.

PRIMAFIVE™
WAIVER OF LIABILITY, ASSUMPTION OF RISK, RELEASE, AND INDEMNIFICATION AGREEMENT


PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING CERTAIN CLAIMS AGAINST BODY & BALLET CO. LLC, DOING BUSINESS AS PRIMAFIVE™, AND OTHER RELEASED PARTIES IDENTIFIED BELOW.

For purposes of this Agreement, “PRIMAFIVE™” means the fitness and wellness brand operated by Body & Ballet Co. LLC.
By signing or electronically accepting this Agreement, I acknowledge that I have read, understand, and voluntarily agree to all of its terms.

1. PARTICIPATION INVOLVES RISK
Using or participating in PRIMAFIVE™ classes, programs, workouts, events, pop-ups, workshops, private sessions, community activities, or any other activities, whether conducted at a PRIMAFIVE™ studio, facility, temporary location, partner location, outdoor location, or other event venue, involves inherent risks of injury to me and/or my guest(s), whether caused by me, another participant, an instructor, staff member, third party, equipment, the condition of the premises, or otherwise.
Specific risks vary from one activity to another and range from minor injuries to serious, catastrophic, or life-threatening injuries, including permanent disability and death.
In consideration of being permitted to participate in PRIMAFIVE™ Activities and to use PRIMAFIVE™ facilities, equipment, programs, classes, services, and event locations, I knowingly and voluntarily accept and assume all risks associated with my participation, whether known or unknown, foreseeable or unforeseeable.

2. DESCRIPTION OF PRIMAFIVE™ ACTIVITIES
For purposes of this Agreement, “Activities” includes, without limitation:
PRIMAFIVE™ Foundation Series classes;
PRIMAFIVE™ Precision Series classes;
Private & Semi-Private Barre and Pilates based exercise;
Use of fitness equipment, props, weights, resistance bands, balls, bars, mats, and other exercise equipment;
Individual, private party, and group fitness instruction;
Workshops and specialty classes;
Outdoor workouts and fitness activities;
PRIMAFIVE™ PRIMA Walking Club;
PRIMAFIVE™ community, social, and wellness events;
Promotional and partner events;
Activities conducted at third-party venues or partner businesses;
Walking, transportation, or movement associated with an off-site event;
Food and beverage consumption or other event-related activities;
Interaction with event partners, vendors, sponsors, instructors, staff, participants, guests, and third parties; and
Any other recreational, fitness, wellness, social, or event-related activity offered, sponsored, hosted, or facilitated by PRIMAFIVE™.
PRIMAFIVE™ may introduce additional classes, formats, equipment, activities, programs, or events in the future. This Agreement is intended to apply to those Activities as well.

3. RELEASE OF LIABILITY
I, for myself and on behalf of my heirs, personal representatives, executors, administrators, successors, assigns, spouse, and anyone claiming through or on behalf of me, hereby release, waive, discharge, and agree not to sue Body & Ballet Co. LLC, doing business as PRIMAFIVE™ or its affiliate Elevated Events LLC, doing business as The Pink Club™, and the respective owners, members, officers, directors, employees, instructors, volunteers, agents, independent contractors, affiliates, representatives, event partners, sponsors, vendors, venue owners and operators, and anyone acting on their behalf (collectively, the “Releasees”) for claims arising from or relating to my participation in the Activities or my use of PRIMAFIVE™ and Nashville Pink Party™ facilities, equipment, services, or event locations, to the fullest extent permitted by law.
This release includes, without limitation, claims for:
Personal, bodily, physical, mental, or emotional injury;
Illness or disease;
Death or wrongful death;
Permanent disability or catastrophic injury;
Economic loss;
Medical expenses or other related expenses;
Property loss or damage;
Pregnancy-related injury or complication;
Loss of pregnancy or loss of an unborn child or fetus;
Claims relating to my spouse or relatives, to the extent permitted by law; and
Any other loss, damage, or injury arising from participation in or use of PRIMAFIVE™.
This release applies whether the injury or loss occurs during exercise or in connection with any other Activity, event, premises, equipment, service, or circumstance covered by this Agreement.
To the fullest extent permitted by applicable Tennessee law, this release includes claims arising from the ordinary negligence of the Releasees or anyone acting on behalf of the Releasees.
Nothing in this Agreement is intended to waive or release any claim that cannot lawfully be waived or released under applicable law.

4. INJURIES CAUSED BY OTHER PERSONS
I understand that injury, illness, death, or property damage may result from the acts, omissions, negligence, or conduct of other participants, guests, instructors, employees, contractors, vendors, event partners, venue operators, sponsors, or other third parties.
I knowingly and voluntarily assume these risks.
To the fullest extent permitted by law, I agree that the Releasees shall not be liable for injury, illness, death, property damage, or other loss resulting from the acts or omissions of other persons participating in or attending the Activities.

5. SPECIFIC ASSUMPTION OF RISKS
I acknowledge that participation in the Activities may involve, without limitation:
Muscle soreness, fatigue, strains, sprains, and other soft-tissue injuries;
Joint, ligament, tendon, bone, back, neck, or spinal injuries;
Falls, slips, trips, or loss of balance;
Bruises, abrasions, cuts, or other physical injuries;
Head injuries, concussion, or loss of consciousness;
Dizziness or fainting;
Dehydration or exhaustion;
Heat-related or cold-related illness;
Cardiovascular events, including heart attack or stroke;
Allergic reactions or other adverse reactions;
Aggravation or worsening of pre-existing conditions;
Pregnancy-related complications or injury;
Loss of pregnancy or injury to or loss of an unborn child or fetus;
Exposure to bacteria, viruses, COVID-19, or other communicable diseases;
Injuries resulting from defective, malfunctioning, improperly used, or third-party equipment;
Injuries caused by another participant or third party;
Risks associated with traveling to, entering, leaving, or participating at an off-site venue;
Loss of or damage to personal property;
Serious or catastrophic injury;
Permanent disability; and
Death.
I understand that these risks may exist even when reasonable precautions, supervision, safety procedures, and appropriate instruction are provided.

6. HEALTH AND MEDICAL REPRESENTATION
I represent that I am physically capable of participating in the Activities in which I choose to participate.
I understand that PRIMAFIVE™ provides recreational and fitness services and does not provide medical advice, diagnosis, treatment, or medical supervision.
I understand that PRIMAFIVE™ instructors and staff are not physicians or healthcare providers.
I agree that I am responsible for determining whether participation is appropriate for me and agree to consult with an appropriate healthcare professional if I have any question regarding my ability to participate safely.
I acknowledge that I have either consulted a healthcare provider regarding my participation or knowingly decided not to do so.
I agree to immediately stop participating and notify an instructor or PRIMAFIVE™ representative if I experience pain, dizziness, shortness of breath, unusual fatigue, or any other concerning symptom.

7. GUESTS AND MINORS
If I invite, register, or bring a guest to a PRIMAFIVE™ facility or event, I agree to be responsible for my guest's conduct and compliance with applicable PRIMAFIVE™ policies.
To the fullest extent permitted by law, I agree to indemnify and hold harmless the Releasees from claims brought by or on behalf of my guest arising from my guest's participation in or attendance at an Activity.
I understand that minors may be subject to additional age, consent, and participation requirements established by PRIMAFIVE™ for particular Activities.
Nothing in this Agreement is intended to waive a minor's rights to the extent such waiver is prohibited by applicable law.

8. INDEMNIFICATION AND HOLD HARMLESS
In consideration of being permitted to participate in PRIMAFIVE™ Activities, I agree to indemnify, defend, and hold harmless the Releasees from and against any and all claims, demands, actions, suits, liabilities, damages, judgments, losses, defense costs, attorneys' fees, court costs, and other expenses arising out of or relating to:
My participation in the Activities;
My use of PRIMAFIVE™ facilities or equipment;
My negligence, reckless conduct, or intentional acts or omissions;
My violation of this Agreement or PRIMAFIVE™ policies;
My conduct or the conduct of any guest I bring;
Any claim brought by me or by anyone claiming through or on behalf of me;
Any claim brought by my guest, to the extent permitted by law; or
Any bodily injury, wrongful death, pregnancy-related injury or loss, loss of an unborn child or fetus, or property damage caused by my negligence or other acts or omissions.
This indemnification obligation includes reasonable attorneys' fees, defense costs, and other expenses incurred by the Releasees in connection with claims covered by this section.

9. EQUIPMENT AND THIRD-PARTY PRODUCTS
I understand and acknowledge that PRIMAFIVE™ and the Releasees do not manufacture fitness, exercise, wellness, or other equipment used in connection with the Activities.
Equipment may be purchased, rented, leased, borrowed, or otherwise obtained from third-party manufacturers, suppliers, or vendors.
I understand that PRIMAFIVE™ provides recreational and fitness services and is not the manufacturer of third-party products or equipment.
To the fullest extent permitted by law, I agree that PRIMAFIVE™ and the Releasees shall not be held responsible for claims arising solely from defects in products or equipment manufactured or supplied by third parties, except to the extent liability cannot legally be excluded.

10. PERSONAL PROPERTY
I understand that PRIMAFIVE™ and the Releasees are not responsible for lost, stolen, or damaged personal property brought to the studio, an event, or any third-party venue.
I voluntarily assume responsibility for my personal belongings.

11. OFF-SITE ACTIVITIES AND THIRD-PARTY VENUES
I understand that PRIMAFIVE™ may conduct Activities at locations owned, operated, or controlled by third parties.
Such locations may involve risks or conditions outside PRIMAFIVE™'s control.
I agree that the Releasees include applicable venue owners and operators, event partners, sponsors, participating businesses, contractors, vendors, and other third parties involved in providing or facilitating an Activity, to the fullest extent permitted by law.

12. COMMUNICABLE DISEASES
I understand that group fitness classes and events involve interaction with other individuals and shared spaces, equipment, and surfaces.
I acknowledge and voluntarily assume the risk of exposure to COVID-19 and any other bacteria, virus, pathogen, or communicable disease or illness that may occur before, during, or after participation in the Activities.

13. FOOD, BEVERAGES, AND EVENT ACTIVITIES
I understand that certain PRIMAFIVE™ events may include food, beverages, refreshments, or other activities provided by PRIMAFIVE™, event partners, vendors, venues, or third parties.
I voluntarily assume the risks associated with consuming food or beverages, including choking, foodborne illness, allergic reactions, intolerances, or other adverse reactions.
I understand that PRIMAFIVE™ may not prepare, manufacture, or control all food and beverages served at off-site events.

14. PHOTOGRAPHY, VIDEO, AND PUBLICITY RELEASE
I hereby grant PRIMAFIVE™ and the Releasees permission to photograph, film, record, reproduce, edit, publish, display, distribute, and otherwise use my name, image, likeness, voice, and appearance captured in connection with PRIMAFIVE™ Activities.
Such photographs, videos, recordings, and other materials may be used for lawful advertising, marketing, promotional, social media, editorial, educational, or commercial purposes through any medium now known or later developed.
I understand that I will not receive compensation for such use and waive any right to inspect, approve, or receive compensation for the materials.

15. PARTICIPANT-CAPTURED CONTENT
I agree not to photograph, record, livestream, or otherwise capture another participant, instructor, employee, guest, vendor, or event participant without appropriate permission.
I agree not to use or distribute content captured at a PRIMAFIVE™ Activity in a manner that violates another person's privacy or rights or falsely implies endorsement by PRIMAFIVE™.
PRIMAFIVE™ may establish reasonable policies regarding photography, recording, livestreaming, and social media content at its studio and events.

16. AGE REQUIREMENT
Unless PRIMAFIVE™ expressly authorizes otherwise for a particular Activity, participants must be at least 18 years of age.
By signing or electronically accepting this Agreement, I represent that I satisfy the applicable age requirements for the Activity in which I am participating.

17. SEVERABILITY
I agree that this Agreement is intended to be as broad and inclusive as permitted by applicable law.
If any provision is determined to be invalid, illegal, or unenforceable, that provision shall be modified or severed only to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

18. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict-of-laws principles, except to the extent otherwise required by applicable law.

19. ELECTRONIC SIGNATURE AND CONSENT
I agree that clicking a consent box, checking an electronic acknowledgment, signing electronically, or otherwise electronically accepting this Agreement constitutes my valid signature and has the same force and effect as a handwritten signature.

20. ACKNOWLEDGMENT OF UNDERSTANDING
I acknowledge that I have read this entire Agreement and fully understand its terms.
I understand that participation in PRIMAFIVE™ Activities is voluntary and that I am knowingly assuming risks associated with participation.
I understand that I am giving up substantial legal rights, including certain rights to bring claims against the Releasees.
I acknowledge that I have had the opportunity to ask questions, consider the risks associated with participation, and consult with legal counsel before accepting this Agreement.
I confirm that I am signing or electronically accepting this Agreement freely and voluntarily and that I am not relying upon any statement or representation not expressly contained herein.
I understand the nature of the Activities offered by PRIMAFIVE™ and knowingly and voluntarily accept the risks associated with participation.
I intend this Agreement to constitute a complete and unconditional release of liability to the fullest extent permitted by law.


BY ELECTRONICALLY SIGNING OR ACCEPTING THIS AGREEMENT, I ACKNOWLEDGE THAT I HAVE READ, UNDERSTOOD, AND VOLUNTARILY AGREE TO ALL OF ITS TERMS.

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