Assumption of Risk + Liability Waiver

ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND INDEMNIFICATION AGREEMENT

PLEASE READ CAREFULLY. THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS.

By purchasing, assembling, using, permitting others to use, or otherwise interacting with the pivot (“Product”), you acknowledge and agree to the following:

1. Acknowledgment of Inherent Risks

The Product is designed for use in connection with dance, fitness, athletic training, movement exploration, rehabilitation exercises, creative movement, and related physical activities. Use of the Product involves inherent and unavoidable risks that may result in property damage, serious bodily injury, permanent disability, paralysis, emotional distress, or death.

These risks include, but are not limited to:

  • Falls, slips, trips, and impacts;
  • Loss of balance, dizziness, disorientation, or vertigo;
  • Overexertion, muscle strains, sprains, tears, or fractures;
  • Injuries resulting from spinning, rotational movement, momentum, or changes in direction;
  • Contact with poles, floors, walls, equipment, or other participants;
  • Improper installation, setup, adjustment, inspection, maintenance, or use;
  • Use by individuals lacking appropriate physical conditioning, training, supervision, or skill;
  • Equipment misuse, abuse, modification, or use contrary to instructions;
  • Unforeseeable hazards associated with physical activity and movement training.

2. Voluntary Participation

I acknowledge that use of the Product is entirely voluntary. I understand that I am responsible for determining whether I am physically capable of safely using the Product and participating in any activities involving it.

I represent that I am in suitable physical condition to engage in such activities and have consulted a physician if I have any concerns regarding my health, fitness, balance, mobility, vestibular function, pregnancy, injury history, or medical condition.

3. Assumption of Risk

I knowingly and voluntarily assume all risks, known and unknown, foreseeable and unforeseeable, associated with the purchase, assembly, possession, use, misuse, transportation, storage, demonstration, instruction, or participation in activities involving the Product.

I accept full responsibility for any injury, illness, damage, loss, disability, or death that may result from use of the Product, whether arising from my actions, the actions of others, environmental conditions, equipment conditions, or other causes.

I understand children should not use the Product without supervision.

I understand the weight limits and installation requirements.

I understand instructors and studios must obtain their own insurance and participant waivers.

4. Safe Use Responsibilities

I agree that I will:

  • Read and follow all instructions, warnings, and safety guidelines provided with the Product;
  • Inspect the Product before each use;
  • Use the Product only as intended;
  • Use appropriate flooring, clear space, and safety precautions;
  • Stop use immediately if I experience pain, dizziness, instability, equipment concerns, or other unsafe conditions;
  • Ensure that any person I permit to use the Product understands the risks involved.

5. Release and Waiver of Liability

To the fullest extent permitted by law, I hereby release, waive, discharge, and covenant not to sue Michelle Stanek, Stanek Spinner LLC, the pivot LLC, their owners, officers, directors, members, managers, employees, contractors, agents, affiliates, successors, assigns, distributors, manufacturers, instructors, and representatives (collectively, the “Released Parties”) from any and all claims, demands, causes of action, damages, losses, liabilities, costs, expenses, or attorneys’ fees arising from or related to the Product, including claims arising from injury, illness, property damage, disability, death, or other loss.

This release applies whether such claims arise from ordinary negligence or any other legal theory, to the fullest extent permitted by applicable law.

6. Indemnification

I agree to indemnify, defend, and hold harmless the Released Parties from and against any claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys’ fees, arising from:

  • My use or misuse of the Product;
  • My violation of instructions, warnings, or safety guidelines;
  • My permitting another person to use the Product;
  • Any claim brought by a third party arising from my possession, use, transfer, resale, demonstration, instruction, or distribution of the Product.

7. No Medical Advice

I understand that any educational materials, videos, tutorials, certifications, classes, demonstrations, or instructional content provided in connection with the Product are for informational and educational purposes only and are not medical advice, diagnosis, treatment, or rehabilitation services.

8. Product Modifications

I understand that modifying, altering, repairing, adapting, or using the Product in a manner not expressly authorized may increase the risk of injury and void any applicable warranty.

9. Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

10. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict-of-law principles.


11. New York Arbitration Clause

11.1 Dispute Resolution and Arbitration
Any controversy, claim, or dispute arising out of or relating to this Assumption of Risk and Waiver of Liability Agreement, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules.

 

11.2 Governing Law and Venue: The place of arbitration shall be [City/County, e.g., New York City, NY]. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice of law principles.

 

11.3 Waiver of Jury Trial: The parties acknowledge and agree that, by signing this agreement, they are waiving their right to seek legal remedies in court, including the right to a trial by jury. The decision of the arbitrator shall be binding and conclusive, and judgment upon the award may be entered in any court having jurisdiction thereof.

 

11.4 Costs: Each party shall bear their own counsel fees, with the administrative costs and arbitrator fees borne equally by the parties, unless otherwise determined by the arbitrator


12. Acknowledgment and Acceptance

BY PURCHASING, ASSEMBLING, USING, OR ALLOWING OTHERS TO USE THE PRODUCT, I ACKNOWLEDGE THAT I HAVE READ THIS AGREEMENT, UNDERSTAND ITS TERMS, UNDERSTAND THAT I AM GIVING UP CERTAIN LEGAL RIGHTS, AND VOLUNTARILY AGREE TO BE BOUND BY ITS TERMS.

I UNDERSTAND AND ACCEPT THE RISKS ASSOCIATED WITH USE OF THE PRODUCT.