Indemnity

1. Who this is between

"You" means the person taking part. "The studio" means The Purple Pigeon (Pty) Ltd and the people who work for it: its directors, staff and instructors (employed or contracted). [OWNER TO CONFIRM: whether the building's owner or landlord should be included]

It covers every class, private session, workshop, event and visit to the studio, and using its equipment, for as long as you have an account or keep booking. It sits alongside the Terms of Use.

2. The risks you accept

Taking part involves risks that cannot be fully removed, even with good teaching and well-kept equipment. They include:

• muscle strains, sprains, and joint, back or neck injuries;
• slips and falls, and knocks against equipment or other people;
• on the reformer: the moving carriage, springs, straps and ropes can pinch, catch or strike you if they are used without care;
• dizziness, fainting, overheating or dehydration;
• rarely, serious injury or a medical emergency (for example a heart problem), which could be life-threatening, especially with an existing condition.

3. What you confirm

• You are healthy enough to take part. If you have a medical condition, an injury, are pregnant or recently had a baby, or are recovering from surgery, you have checked with your doctor first.
• You will tell your instructor before class about anything that could affect you. You can also add a note on your profile; only the studio team can see it.
• You will follow your instructor's guidance, use equipment only as shown, work within your own limits, and stop and tell someone if you feel pain, dizziness or shortness of breath.
• You will not take part under the influence of alcohol or anything else that affects your judgement or balance.

4. What the studio is not responsible for

As far as the law allows, you agree that the studio is not responsible for, and you will not claim from it for:

• injury or illness that comes from the risks in section 2, including where it was caused by ordinary negligence (an honest mistake) by the studio;
• an injury made worse because you did not tell us about a condition, or did not follow guidance;
• loss of, theft of or damage to belongings you bring to the studio. [OWNER TO CONFIRM: lockers or storage, if any]

If someone else makes a claim against the studio because of something you did deliberately or recklessly at the studio, you agree to cover the studio for that claim.

5. What the studio remains responsible for

This is not a blank cheque. The studio still:

• is responsible for harm caused by its gross negligence or deliberate wrongdoing. The Consumer Protection Act does not allow that to be excluded, and we would not want to;
• keeps its equipment maintained and checked, and its instructors trained. [OWNER TO CONFIRM: instructor qualifications and first-aid training]
• leaves untouched any right you have under the Consumer Protection Act, 2008, or any other law that cannot be signed away.

6. If something happens

• Tell an instructor or staff member straight away, even if it seems minor.
• You agree that staff may give basic first aid and call emergency services for you if they think it is needed. Any cost of an ambulance, hospital or treatment is yours (or your medical aid's).
• [OWNER TO CONFIRM: whether the studio should collect an emergency contact person for each member]

7. Under 18

Anyone under 18 may take part only if a parent or guardian accepts this on their behalf. [OWNER TO CONFIRM: minimum age, and whether under-18s may attend at all]

8. How you agree, and changes

• You agree by ticking the box when you create an account, or when you book as a guest. That is a valid way to agree under the Electronic Communications and Transactions Act, 2002.
• We keep a record of each agreement: who, the date and time, which version of this page, and the device it came from. You can ask us for a copy.
• If we make a real change to this page, we will ask you to accept the new version at your next sign-in, before you book again.
• If any part of this is found to be unenforceable, the rest still applies.