TREMBLE Class Waiver Release Form
I accept this waiver as it applies to each class offered through TREMBLE SUNSET HARBOR LLC (referred to as “TREMBLE”) including in person classes as well as any virtual classes.
I understand that fitness classes include physical movements and as is the case with any physical activity, the risk of injury, even serious or disabling, is always present and cannot be entirely eliminated. If I experience any pain, difficulty breathing, discomfort, nausea, dizziness or other concerning symptoms, I will discontinue the activity immediately, and ask for support from the instructor and/or a licensed medical provider. I assume full responsibility for any and all damages, which may incur through participation, including injury or death. To the extent permitted by law, TREMBLE and its affiliates disclaim any and all liability in connection with exercise or physical activity during any and all classes offered by TREMBLE.
I acknowledge that fitness classes are not recommended and are not safe with certain medical conditions. By signing, I affirm that a licensed medical provider has verified my good health and physical condition to participate in a fitness program. In addition, I will make the instructor aware of any medical conditions or physical limitations before class. I agree to follow any advice given by my licensed medical provider regarding physical activity. If I am pregnant, become pregnant or I am post-natal or post-surgical, my signature verifies that I have my licensed medical provider’s approval to participate. I also affirm that I alone am responsible to decide whether to participate in fitness classes. I affirm my participation is at my own risk.
I acknowledge TREMBLE offers events, including workshops, classes, challenges and coaching on other forms of wellness, including but not limited to general health and related topics. I am solely responsible for my participation in these events.  
I hereby agree to irrevocably release and waive any claims that I have now or may have hereafter against TREMBLE and its owner, employees, instructors.
TREMBLE may photograph, video-record or audio-record part or all of the classes, events and workshops. It is possible you will be photographed, video and/or audio recorded. By signing this waiver, I acknowledge and accept this. Furthermore, TREMBLE may use your likeness, image, voice and name in connection with the classes, events and workshops and the advertising or promotion of TREMBLE.
I have read and fully understand and agree to the above terms of this Liability Waiver Agreement. I am signing this agreement voluntarily and recognize that my signature serves as complete and unconditional release of all liability to the greatest extent allowed by law in Florida.
WAIVER OF JURY TRIAL
THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT TO TRIAL BY JURY OF ANY MATTERS RELATING TO, ARISING OUT OF, BASED UPON, OR RESULTING FROM THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. THE PARTIES HERETO RECOGNIZE AND AGREE THAT ANY SUCH CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN THE PARTIES WOULD INVOLVE DIFFICULT AND COMPLEX ISSUES THAT WOULD BE MORE APPROPRIATE TO TRY BEFORE AN ARBITRATOR OR A JUDGE WITHOUT A JURY.
 
MEDIATION AND ARBITRATION. 
Any controversy or claim relating to, arising out of, based upon, or resulting from to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. If a dispute relating to, arising out of, based upon, or resulting from this Agreement, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure. Any mediation shall be held in Miami-Dade, Florida, or such other location as the parties may mutually agree. Mediation shall be completed within forty-five (45) days following delivery of notice to mediate, and the fees filed expenses of the mediator shall be paid half by each party. Arbitration shall be conducted in accordance with the AAA's Commercial Arbitration Rules and Mediation Procedures, modified as follows: (l) the total time from date of demand for arbitration to final award shall not exceed forty-five (45) days; (2) the arbitrator shall be chosen by the AAA without submittal of lists and subject to challenge only for good cause shown; (3) the time, date and place of the hearing shall be set by the arbitrator in his or her sole discretion, provided that there be at least seven (7) days prior notice of the hearing; (4) there shall be no post-hearing briefs; and (5) the arbitrator shall issue his or her award within seven (7) days after the close of the hearing. The arbitration shall be held in Miami-Dade, Florida, or such other location as the parties may mutually agree. The decision of the arbitrator shall be binding on the parties, not subject to appeal, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction in Miami Dade County, Florida. The fees and expenses of the arbitrator shall be paid half by each party, but the arbitrator shall award the prevailing party's arbitration fees and expenses as a cost to the prevailing party in the arbitration award. The parties shall each hold harmless and indemnify the arbitrator from any claims arising in connection with the arbitration. No provision of, nor the exercise of any rights under, these policies governing mediation and arbitration will limit the parties' right to request and obtain provisional or ancillary remedies or relief, including temporary or permanent injunctive relief or to restrain or prevent any breach or default from any court having jurisdiction, before, during, or after the pendency of any arbitration. The prevailing party shall recover its costs and reasonable attorney's fees, which shall be determined and fixed by the arbitrator as part of the arbitration award, and in the case of any court proceeding seeking provisional or ancillary remedies or relief by the court (at all trial and appellate levels).
 
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