Comprehensive Massachusetts Participant Waiver, Release of Liability, Assumption of Risk & Indemnification Agreement

PLEASE READ CAREFULLY BEFORE PARTICIPATING

By signing below or by electronically accepting this agreement, I acknowledge and agree as follows:

1. Voluntary Participation

I voluntarily elect to participate in movement-based classes, educational offerings, workshops, programs, and content provided by The Terra Class LLC (“The Terra Class”), including in-person classes, online live-streamed sessions, and pre-recorded digital content. I acknowledge that my participation is entirely voluntary.

2. Nature of Services Provided

The Terra Class provides general wellness movement, education, and somatic exploration only.

Services may include, but are not limited to:

• Stretching and mobility exercises
• Functional strength and balance work
• Breath awareness and guided somatic inquiry
• Educational discussion related to movement and wellness

These services are non-clinical and non-therapeutic in nature.

3. No Physical Therapy or Medical Treatment

I understand and agree that:

• Services provided by The Terra Class do not constitute physical therapy, medical treatment, diagnosis, or individualized healthcare services under Massachusetts law
• Participation does not establish a physical therapist-patient, healthcare provider-patient, or therapeutic relationship
• No evaluation, diagnosis, treatment plan, or clinical documentation is being created
• Even if an instructor is a licensed Physical Therapist, participation occurs outside the scope of physical therapy practice

Participants acknowledge that laws governing physical therapy and healthcare practice vary by jurisdiction, and that these services are offered solely as general movement and wellness education, not regulated healthcare services. Participants further agree that they will not construe any instruction or guidance provided as medical advice.

If I am seeking physical therapy or medical care, I understand that I must pursue this separately through a licensed provider in a clinical setting. I further affirm that I have disclosed all relevant medical conditions truthfully and completely, and understand that failure to do so may result in termination of my participation without refund.

4. Medical Disclosure & Clearance

I affirm that:

• I have disclosed all relevant medical conditions, injuries, pregnancy or postpartum status, surgeries, or physical limitations that may affect my participation
• I am solely responsible for obtaining medical clearance from my healthcare provider prior to participation, if needed, and I agree to promptly update The Terra Class LLC in writing if my medical condition changes in a way that may affect my participation.

I understand that The Terra Class does not perform medical screening or assessments.

5. Assumption of Risk

I acknowledge that participation in movement-based and wellness activities involves inherent risks, including but not limited to:

• Muscle strain or soreness
• Ligament, tendon, or joint injury
• Balance loss or falls
• Dizziness, fainting, or fatigue
• Aggravation of pre-existing conditions
• Injury related to equipment, flooring, or environment

I knowingly, voluntarily, and expressly assume all risks, whether known or unknown, associated with my participation, and understand that these risks may include unforeseen hazards despite reasonable care taken by The Terra Class LLC.

6. Online, Remote & Recorded Content Risks

For online live-streamed or recorded content, I understand that:

• Instruction is provided remotely without physical supervision
• The Terra Class cannot assess my individual form, environment, or limitations
• I am solely responsible for ensuring a safe practice space, appropriate equipment, footwear, lighting, and internet setup

The Terra Class is not responsible for injuries related to my surroundings, technology, or viewing conditions. I am solely responsible for complying with any local laws or regulations applicable to exercise or wellness activities in my jurisdiction.

7. Personal Responsibility

I accept full responsibility for:

• Listening to my body
• Modifying or stopping movement at any time
• Choosing whether and how to participate

I understand that I should immediately discontinue participation if I experience pain, dizziness, discomfort, emotional distress, or any concerning symptoms.

Baby/Child Presence: If you choose to have a baby or child present during participation, you acknowledge that the baby/child is not a participant, and you assume full responsibility for the baby/child’s supervision and safety at all times. The Terra Class LLC is not responsible for any injury or harm to a baby/child present during participation. The Terra Class LLC may offer optional suggestions for incorporating a baby/child into certain movements (for example, holding a baby during a functional squat), but doing so is not required and is always the participant’s choice and responsibility. You are solely responsible for deciding whether it is appropriate to hold or incorporate a baby/child during movement and for maintaining a safe environment. If you choose to hold a baby/child during movement, move slowly and stay stable; avoid balance-challenging movements and discontinue immediately if you feel unstable or if the baby/child shows distress.

8. Release & Waiver of Liability

To the fullest extent permitted by Massachusetts law, I hereby release, waive, and discharge The Terra Class LLC, its owner(s), instructors, contractors, employees, volunteers, and agents from any and all claims, demands, actions, liabilities, or causes of action, known or unknown, arising out of or related to my participation.

This release includes claims based on ordinary negligence, except where prohibited by law, and does not apply to claims arising from gross negligence or willful misconduct.

This release applies to online recorded content, online live classes, and in-person events, and remains in effect for any future participation unless revoked in writing by the participant.

9. Indemnification

I agree to indemnify, defend, and hold harmless The Terra Class LLC from any third-party claims, damages, losses, liabilities, costs, or expenses (including reasonable attorney’s fees) arising from:

• My participation
• My violation of this agreement
• My actions or omissions during participation

10. No Guarantees

I acknowledge that The Terra Class makes no guarantees regarding physical outcomes, symptom improvement, performance, or results.

11. Waiver of Unknown Claims

I expressly waive any rights under Massachusetts or other applicable laws that may limit the scope of this release to claims known or suspected at the time of signing.

12. Governing Law & Venue

This agreement shall be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts, with venue exclusively in Massachusetts courts.

12A. Force Majeure

The Terra Class LLC shall not be liable or responsible for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, governmental actions, labor disputes, or interruptions in internet or telecommunications services.

13. Severability

If any provision of this agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

13A. Notices

All notices required or permitted under this agreement shall be in writing and delivered by hand, certified mail, or electronic mail to the addresses provided by the parties. Notices shall be deemed received upon delivery or, if sent by certified mail, three business days after mailing.

14. Entire Agreement

This document constitutes the entire agreement between the parties and supersedes any prior agreements, understandings, or representations. No oral statements or representations shall alter the terms of this agreement unless reduced to writing and signed by both parties.

14A. Binding Effect

This agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and permitted assigns.

15. Minor Participants & Parental Consent

If the participant is under 18 years of age, a parent or legal guardian must also sign this agreement, acknowledging that they have read and understood all terms, consent to the minor’s participation, and assume full responsibility for the minor’s compliance with this agreement.

Parent/Guardian Name: ______________________________
Signature: ________________________________________
Date: __________________________

16. Acknowledgment & Consent

By signing below, signing up for a class and/or by electronically accepting this agreement, I affirm that:

• I have read and fully understand this document
• I voluntarily agree to all terms
• I understand that electronic acceptance constitutes a legally binding signature, which may be provided by checking an acceptance box, typing my name, signing up for a class and/or other verifiable electronic method
• I am at least 18 years of age.

17. Photographic/Video Release

I grant The Terra Class LLC permission to capture my image, likeness, and voice in photographs, video recordings, or other media during participation, and to use such media for lawful promotional, educational, or archival purposes without compensation. I understand I may revoke this consent in writing at any time, except to the extent action has already been taken in reliance on it.

• I have read and fully understand this document
• I voluntarily agree to all terms
• I understand that electronic acceptance constitutes a legally binding signature, which may be provided by checking an acceptance box, typing my name, signing up for a class and/or other verifiable electronic method
• I am at least 18 years of age.

Participant Name: ________________________________
Signature: ______________________________________
Date: ________________________