Terms and Conditions
Terms and Conditions of
Membership
Ownership of VOLOFIT® Facilities. Each VOLOFIT® business (each a “Facility”) is independently and separately
owned and operated, and most Facilities are operated by an independent
franchisee pursuant to a franchise agreement with VOLOFIT Franchising, LLC (“VF”).
While VF requires that Facilities adopt certain mandated processes, certain
other processes are merely suggested. The owner of each Facility is
responsible for the day-to-day operation of its Facility, so some operational
processes, the services offered, and the terms under which services are offered
may vary.
Benefits of Membership. Each person using a Facility (each a “Member”) will be
entitled to receive the benefits associated with, and for the duration of, the
type of membership for which it pays. Memberships may be for specific
classes or services, or they may be monthly. Each monthly Member has
access to, and is entitled to receive services from, only the designated
Facility from which it purchases a membership (the “Home Facility”). All
other Members are entitled to receive services only from the Facility from
which they purchase the specific services. If monthly Members elect to
obtain services from a Facility other than their Home Facility, they must pay
to and comply with the terms offered by that Facility for such services.
As part of their monthly membership, Members are also entitled to access to the
VOLOFIT website, newsletters and other correspondence relating to health,
wellness, fitness opportunities and advice that may be provided from time to
time. Monthly Members may purchase and receive more than their allocated
services in any monthly period. All services purchased in excess of the
services associated with Member’s membership will be charged at the rate
advertised at the Facility where the Members maintain their membership, or, if
different, at the Facility where the Members seek to purchase such additional
services. Individuals must be currently enrolled as a member to receive
benefits and services associated with membership at a Facility. Members must be
current on their membership fees to receive their membership benefits.
Membership dues entitle each Member to receive a variety of membership benefits
from any location(s) operating under or utilizing the “VOLOFIT®” trademark. Each person using the facility will have access
to classes that use certain equipment, including but not limited to weights,
ropes, rowers, stationary bikes and a rig. Additionally, each person will have
access to showers and restrooms. The facility may change the equipment or
access to other facilities at any time. Each facility reserves the right to
deny or refuse to re-enroll any Member who has failed to remit membership
payment(s) in a timely manner or who has engaged in conduct in violation of any
of these Terms and Conditions or of the Membership Agreement.
Obligations of Members. Members must (a) abide by these Terms and Conditions, the
terms and conditions in their Membership Agreement, and the rules and
regulations of any Facility from which they acquire services, (b) follow the
directions of the Facility’s staff regarding safety and security issues, and
(c) treat the staff and other members with courtesy. In addition, each
Member:
1.
is financially
responsible for all membership dues and related fees and agrees to pay dues and
fees on time;
2.
understands that its
credit/debit card information will be monitored by the Facilities’ software
system. A monthly Member’s failure to provide the Home Facility with updated,
current credit/debit card information may result in termination of Member’s
membership;
3.
agrees to timely notify
the Home Facility of any changes in Member’s personal information, including
mailing address, telephone number and credit/debit card information. Member’s
failure to timely report such changes may constitute grounds for termination of
Member’s membership; and
4.
agrees to abide by all
terms of their Membership Agreement, these Terms and Conditions and all rules
and regulations for any other Facility that Member visits for services, and to
engage in appropriate conduct and decorum while receiving services at a
Facility.
A Member’s membership may be revoked at any time
for failure to abide by the foregoing requirements.
1.
Changes
to Obligations. VF reserves the
right to revise, amend or alter these Terms and Conditions without notice to
Member, and each Facility reserves the right to change its operating procedures
and processes, as well as its rules for utilization of the Facility. All
such changes will become effective immediately without further action required,
and Members’ continued use of the Facilities will be their acceptance of any
such changes. Members are responsible for staying abreast of these
changes.
2.
Lost
or Stolen Items. Neither VF nor the Facilities are responsible for lost or stolen
articles or goods while Member is present at a Facility.
3.
Transferability
of Membership. Memberships are
personal to the Member. They may not be shared or transferred, including
between Members and their family members, except as provided in these Terms and
Conditions or with the agreement of the Home Facility (or the Facility from
which the individual services were purchased) and the Facility to which the
membership is being transferred. If a monthly Member relocates its residence
more than 30 miles from its Home Facility, it may request, in writing to the
Home Facility, to transfer its membership to another participating Facility
that is located within a 30-mile radius of the Member’s new residence. The
Member’s membership rights will be transferred no later than 30 days following
the date on which Member’s written request to transfer is delivered to the Home
Facility. All such transfer requests must be sent via certified United States
Mail, return receipt requested, or by personal delivery to the Member’s Home
Facility. Member may be required to provide proof of permanent relocation in
the form of a lease, mortgage statement or current utility bills.
4.
Hours
of Operation; Registration. Operating
hours are posted at each Facility. Members must register upon arrival at the
Facility in accordance with the Facility’s rules and regulations. Services are
provided only during the Facility’s normal operating hours. The Facility hours
are as stated in the app and on the website, and subject to change.
5.
Class Reservations and
Cancellations. As stated in the Membership Agreement, Members
must cancel or change reservations for classes at least eight (8) hours before
a class or you will be charged for the price of the class at the then current
class drop-in rate. Classes may be changed through the VOLOFIT mobile
app, online system at www.volo-fit.com or by calling the applicable Facility
directly. Members must be physically present within five (5) minutes after
the start of their scheduled class or their spot may be given to a wait-listed
Member. The class reservation systems through the mobile app and
online will allow reservations until the scheduled class time.
6.
Representations. Member agrees that the Membership
Agreement, the membership application, these Terms and Conditions, and Member’s
agreement to comply with the rules and regulations of its Home Facility and
each other Facility it uses set forth the entire agreement and understanding
between the Member, VF, and the Facility regarding the Member’s
membership.
7.
Refund
Policy. Fees for all classes and
monthly membership packages are non-refundable. No exceptions apply aside
from those required by law.
8.
Harassment. Members agree that they will not use loud
or profane language while on the Facility’s premises, nor will Member molest,
badger, assault or harass other Members, guests or Facility employees.
Members who engage in such behavior may be subject to immediate removal from
the premises, cancellation of membership, and appropriate legal action.
9.
Automatic
Renewal; Cancellation; and Termination of Monthly Memberships. This section applies only to Members who
purchase a monthly membership. Monthly memberships automatically renew in
accordance with and as described in the Member’s membership agreement.
Monthly Members may cancel their membership for any reason with a 30-day
written notice, or such other notice required by law. All cancellation requests
must be signed, dated, and submitted on the Home Facility’s Membership
Cancellation Request Form and either sent by certified mail, return receipt
requested or be hand-delivered to the Home Facility. All cancellation requests
become effective 30 days from the date the cancellation request is received and
processed; however, if a regular monthly payment is due prior to the effective
date of termination, it will be charged as scheduled and Member will be
entitled to continue to receive the benefits of their membership after the
final charge to their account and until the 30th day thereafter, at which time the termination will become
effective. Except as otherwise required by applicable law, no refunds will be
made if Member cancels its membership. A Member may cancel without notice
upon disability, death, or upon a move of over 25 miles from the Facility. In
order to cancel on the basis of disability, the disability must be of a kind
that affects the member’s capacity to use or enjoy the club's facilities and a
physician must verify the condition. In the event of
death, a representative may cancel the contract. Upon cancellation for death,
disability or move, no further payments are required, and a prorated portion of
any amount prepaid will be refunded to the member or their representative.
10. Liability Disclaimer. Member assumes any and all risks attendant
to the services which Member receives at a Facility, except where provided by
law. Member agrees that VF, its officers, directors, employees and agents will
not be liable to Member for any injury, claim, economic damage, other form of
loss, or by any negligence or any other act committed by staff or any
professional associated with a Facility or through any act or conduct
undertaken by any other Member or person(s) present at, or utilizing, the
services or equipment provided at the Facility. VF, its officers, directors,
employees and agents are not responsible or liable for any advice given to
Member by service providers at a Facility.
11. Indemnification. Member agrees to indemnify and hold harmless, VF,
its parents, franchisees, affiliates, employees, agents, third party
information providers, service providers, licensors, or the like and their
respective officers, directors, employees, agents, licensors, representatives,
and third party providers, from and against any and all losses, expenses,
damages and costs, including reasonable attorneys’ fees, resulting from any
violations by the Member of these Terms and Conditions, any membership
agreements, or the rules and regulations of a Facility, or from any other acts
of the Member. VF reserves the right to assume the exclusive defense and
control of any matter subject to indemnification by the Member, in which event
the Member will fully cooperate with VF in asserting any available
defenses.
12. Entire Agreement. These Terms and Conditions are the only
agreement between the Member and VF, and the Membership Agreement and any
application filled out by Member, shall constitute the entire agreement by and
between the Member and the Facility. If any provision of such agreements is
held invalid by a court of competent jurisdiction, the invalidity of such
provision shall not affect the validity of any remaining provisions, which
shall remain in full force and effect. No failure to enforce a provision
will constitute a waiver of the right to do so. No waiver of any
provision will be binding unless in writing signed by the Member and VF or the
Facility, as applicable. No waiver will be deemed a further or continuing
waiver of such term or any other term.
13. Copy of Agreements. Members will receive a copy of their
Membership Agreement and these Terms and Conditions through their member
account on the website or in the mobile application.
14. Freezing Membership. After a monthly Member has made at least
one (1) membership payment, the Member may request that the Home Facility
freeze the Member’s membership to accommodate emergencies, temporary
disability, illness or other like circumstances. The freeze request must be
made in writing and the Home Facility may require proof of the emergency,
disability, or illness and a written physician note verifying that the Member
is not physically able to use the Facility. If the Member’s request to
freeze its membership is granted, the membership will remain frozen for at
least 30 days and not more than four (4) months. The Member may not use the
Facility or receive the benefits of membership until the membership is no
longer frozen. Unless otherwise required by law, Member is not entitled
to reimbursement for any unused services and may not redeem any unused services
associated with the Membership during the time Member has frozen its account.
Member may only freeze its membership once in a 12-month period.
15. Governing Law. The validity of any of these Term and Conditions, as well as
the rights and duties of the parties under bound to them, will be governed by
the laws of the state in which the Facility is located.
16. Arbitration. Member agrees that the sole and exclusive forum
and remedy for any and all controversies, disputes, or claims relating in any
way to or arising out of these Terms and Conditions shall be final and binding
arbitration, subject to VF’s right to seek injunctive relief or other
appropriate equitable relief.
17. Class Action Waiver. Member agrees that any claim against the
Home Facility will be brought individually and the Member will not join such
claim with claims of any other person or entity or bring, join or participate
in a class action against the Home Facility.
You, the buyer, may choose to cancel this
agreement at any time prior to midnight of the fifth business day after the
date of this agreement, excluding Sundays and holidays. To cancel this
agreement, mail, email, or deliver a signed and dated notice that states that
you, the buyer, are canceling this agreement, or words of similar effect. The
notice shall be sent via first-class mail, via email from an email address on
file with the Facility, or delivered in person to the Facility.
RELEASE AND WAIVER OF LIABILITY PLEASE READ THIS DOCUMENT
CAREFULLY BEFORE ACCEPTING, INCLUDING THE COVID-19 RELEASE AND WAIVER
OF LIABILITY IN SECTION 12.
BY ACCEPTING THIS DOCUMENT, YOU ARE CONSENTING TO CERTAIN LEGAL
CONSEQUENCES THAT WILL AFFECT YOUR LEGAL RIGHTS AND WILL ELIMINATE YOUR ABILITY
TO BRING FUTURE LEGAL ACTIONS.
1. Definitions. For purposes of this Release and Waiver of Liability (this
“Release”), the following capitalized terms shall have the following meanings:
• “Activities” shall mean the classes and exercises held at a VOLOFIT Business
premises or otherwise related to the VOLOFIT Business (i.e., Activities may be
held at the VOLOFIT Business premises or elsewhere as led by the applicable
Released Parties), and the general attendance at a VOLOFIT Business premises. •
“VOLOFIT Business” shall mean the operation of facilities by any of the
Released Parties that, drawing on the VOLOFIT brand, provide endurance, cardio,
mental and physical strength, agility and power training and related products
and services. • “Inherent Risks” shall mean risks that a) cannot be eliminated
completely (without changing the challenging nature of the VOLOFIT Business)
regardless of the care and precautions taken by any of the Released Parties and
b) COVID-19 Risks (defined and outlined in Section 12) that cannot be
eliminated and may be increased simply by attending a VOLOFIT Business or it
participating in any of the Activities. • “Participant” shall mean the person
who is signing and agreeing to the terms of this Release and is participating
in the Activities (if such person is a minor, all references to “Participant”
in this Release shall include such person’s parent or legal guardian, who shall
have to sign this Release on behalf of the Participant). • “Released Parties”
shall mean VOLOFIT Franchising, LLC, Tough Mudder Bootcamp Operations, LLC, TM
Bootcamp Franchising, LLC, Tough Mudder Holdings, LLC, franchisees of the VOLOFIT
Business (as authorized by VOLOFIT Franchising LLC), each of their affiliated
entities and their respective directors, officers, employees, agents, contractors,
officials, insurers, spectators, co-participants, equipment suppliers,
sponsors, organizers, promoters, advertisers and volunteers. • “Releasing
Parties” shall mean: the Participant, as well as Participant’s spouse,
children, parents, guardians, heirs, next of kin, and any legal or personal
representatives, executors, administrators, successors and assigns, or anyone
else who might claim or sue on Participant’s behalf. • “State” shall mean the
State in which the VOLOFIT Business and/or the Activities were attended.
2. Assumption of Inherent Risks. The Activities will focus on body weight and
will use various gym machines such as, rowing machines, kettle bells, and more,
and are a hazardous activity that presents the ultimate physical and mental
challenge to Participant. Participant acknowledges and agrees that (i)
Participant’s participation in the VOLOFIT Business is an extreme test of
his/her physical and mental limits that carries with it Inherent Risks of
physical injury; (ii) such participation is extremely strenuous with the
accompanying risks and dangers generally present in such activities; and (iii)
the foregoing risks, dangers and Inherent Risks may be magnified due to the
fact that participation in the VOLOFIT Business is often conducted under what
may be extreme conditions and circumstances. Participant understands and
acknowledges that the Inherent Risks include, but are not limited to: (1)
contact or collision with persons or objects (e.g., collision with VDODLODFIT
business personnel, contact with other participants, contact or collision with
gym machinery, gym equipment, and contact with natural or man-made fixed
objects or obstacles); (2) encounters with physical obstacles; (3) equipment
related hazards (e.g., broken, defective or inadequate equipment, unexpected
equipment failure, imperfect gym conditions); and (4) judgment and/or
behavior-related problems (e.g., erratic or inappropriate co-participant or
spectator behavior, erratic or inappropriate behavior by Participant, errors in
judgment by personnel working at the VOLOFIT Business). Participant further
understands and acknowledges that any of the Inherent Risks and others, not
specifically named in this Release, may cause injury or injuries that may be
categorized as minor, serious, or catastrophic. Minor injuries are common and
include scrapes, bruises, sprains, strains, muscle tension and soreness,
nausea, cuts abrasions, grazes, lacerations, and contusions. Serious injuries
are less common, but do sometimes occur, and include property loss or damage,
broken bones, fractures, torn or strained ligaments and tendons, concussions,
exposure, dehydration, heat exhaustion and other heat-related illnesses, mental
stress or exhaustion, infection, vomiting, dislocations, anemia, electrolyte
imbalance, loss of consciousness, syncope, dizziness, fainting, seizures, and
neurological disorders/pain. Catastrophic injuries are rare, but VOLOFIT
Business participants should be aware that they could occur and can include
permanent disabilities, stroke, single or multiple organ failure or
dysfunction, physical damage to organs, spinal injuries, paralysis, heart
attack, heart failure, blood cell disorder, brain swelling, and even death.
Participant agrees and understands that it is Participant’s responsibility to
consult with Participant’s personal physician prior to participating in the
Activities to ensure that such participation will not pose any unusual risks to
Participant’s health and well-being. If Participant believes or becomes aware
that any aspect of the VOLOFIT Business is unsafe or poses unreasonable risks,
Participant agrees to immediately notify appropriate personnel. By
participating in the VOLOFIT Business, Participant acknowledges and agrees that
he/she has found the facilities, equipment, and areas to be used at the VOLOFIT
Business to be safe and acceptable for participation therein. Participant
accepts full and sole responsibility for the condition and adequacy of
Participant’s own equipment used at the VOLOFIT Business. Participant
understands fully the Inherent Risks of Participant’s participation in the
Activities and asserts that Participant is willingly and voluntarily
participating in such Activities. Participant has read the preceding paragraphs
and acknowledges that Participant (1) knows the nature of the VOLOFIT Business;
(2) understands the demands of activities held at the VOLOFIT Business relative
to Participant’s physical condition; and (3) appreciates the potential impact
of the types of injuries that may result from Participant’s participation in
the Activities. Participant hereby asserts that Participant knowingly assumes
all of the Inherent Risks of participation in the Activities and takes full
responsibility for any and all claims, suits, damages, liabilities, losses, or
expenses that may incur as a result of Participant’s participation in the
Activities.
The Participant further acknowledges and accepts sole responsibility for all of
the hazards to Participant and his/her property associated with or related to
participation in the Activities (including but not limited to any injury or
damage that he/she may cause to others), and any conditions on projects,
property, facilities, accommodations, equipment, supplies and tools
(irrespective of who may own or provide any one of these items) incidental to
his/her participation in the Activities, whether caused by the negligence,
fault or misconduct of any kind on the part of the Released Parties.
3. Participant’s Representations, Warranties and Other Covenants. Participant
represents and warrants: (i) Participant is in good health and in proper
physical condition to safely participate in the Activities, and certifies that
Participant has no known or knowable physical or mental conditions that would
affect Participant’s ability to safely participate in the Activities, or that
would result in such participation creating a risk of danger to Participant or
to others; (ii) Participant is in full command of Participant’s faculties and
is not under the influence of alcohol or drugs and agrees not to participate in
the Activities while under the influence of alcohol and/or drugs; (iii)
Participant has obtained and is covered by medical or health insurance, and
acknowledges that the Released Parties do not
In the event of an injury to Participant on the VOLOFIT Business
premises that renders Participant unconscious or incapable of making a medical
decision, Participant authorizes appropriate VOLOFIT Business personnel and
emergency medical personnel at such premises to make emergency medical
decisions on Participant’s behalf (including, but not limited to CPR and AED).
Participant understands that it is Participant’s sole responsibility to seek
medical care should Participant experience any unusual physical symptoms, pain
or discomfort of any kind following Participant’s participation in the
Activities.
Participant authorizes the Released Parties to secure emergency medical care or
transportation (i.e., EMS) when deemed necessary by the applicable Released Parties,
and Participant agrees to assume all costs of such emergency medical care and
transportation.
Participant agrees to (i) comply with the Rules and all VOLOFIT
Business related directions, instructions and decisions of the Released Parties
and VOLOFIT Business personnel, and (ii) not to challenge such Rules,
directions, instructions, or decisions on any basis at any time.
Participant acknowledges that any of the Released Parties, in
its sole discretion, may delay, modify, or cancel any class or exercise held at
the VOLOFIT Business if conditions or any natural or man-made emergency
(including any event beyond the control of the applicable Released Parties,
such as wind, extreme rain or hail, hurricane, tornado, earthquake, flood, acts
of terrorism, fire, threatened or actual strike, labor difficulty or work
stoppage, insurrection, war, public disaster, or unavoidable casualty) make
administering the class or exercise unreasonably difficult or unsafe.
Participant understands that the Released Parties have the
authority to issue instructions or directions relating to the manner of my safe
participation in any class or exercise held at the VOLOFIT Business and the
authority to halt my participation in any class or exercise held at the VOLOFIT
Business at any time they deem it necessary to protect the safety of
participants, spectators, personnel or other third parties
Participant understands that the Released Parties’ personnel may immediately
cause anyone who disobeys any Rules, directions, instructions, decisions, or
laws, or whose behavior endangers safety or negatively affects a person,
facility, or property of any type or kind, to be removed from the VOLOFIT Business
premises.
Participant agrees to exhibit appropriate behavior at all times, demonstrate
respect for all people, equipment, and facilities, and participate with a
cooperative and positive attitude while on the VOLOFIT Business Premises,
Participant understands, agrees and acknowledges that the consumption of any
alcohol or any illicit or illegal drugs or substances before and/or during
participation in any class or exercise held at the VOLOFIT Business or
generally on the VOLOFIT Business premises is strictly prohibited.
4. Waiver of Liability for Ordinary Negligence. In consideration of being
permitted to participate in the Activities, and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged,
Participant (on behalf of the Releasing Parties) hereby forever waives,
releases, covenants not to sue, and discharges the Released Parties from any
and all claims, suits, damages, liabilities, losses, or expenses arising or
resulting from (i) the Inherent Risks in participating in the Activities, and (ii)
the ordinary negligence of the Released Parties in connection with the VOLOFIT
Business. The waiver provided in this Section 4 applies to (1) personal injury
(including death) from incidents or illnesses arising from Participant’s
participation in the Activities, including but not limited to injury arising
from gym inspection, observation, the class participation, medical treatment,
and while on the VOLOFIT Business premises (including, but not limited to the
gym, office, sidewalks, parking areas, sponsor promotions, restrooms, first-aid
area, and dressing facilities); and (2) any and all of my claims relating to
the Participant’s association with the VOLOFIT Business, including but not
limited to, damaged, lost or stolen property, and both contractual and
non-contractual claims.
5. Waiver of Right to Workers’ Compensation. Participant confirms that
Participant is voluntarily participating in the Activities. Participant is
participating in the Activities as an individual, and such participation in no
way arises out of or is in the course of employment by any of the Released
Parties. In consideration of being permitted to participate in the Activities,
and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, Participant (on behalf of the Releasing Parties)
hereby forever waives, releases, covenants not to sue, and discharges any right
to Workers’ Compensation benefits provided by any of the Released Parties for
any and all claims resulting from participation in the Activities (including
from the related the Inherent Risks). 6. Indemnification. In consideration of
being permitted to participate in the Activities and for other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Participant hereby agrees to hold harmless, defend and indemnify the Released
Parties from and against any and all actions, causes of action, suits, debts,
obligations, losses, damages, amounts paid in settlement, liabilities, costs,
and expenses whatsoever, including reasonable attorneys’ fees whether arising
out of a claim involving a third party (e.g., co-participants, rescuers, and
others) or between one or more of the Released Parties, resulting to, imposed
upon, asserted against, or incurred by any of the Released Parties in
connection with, or arising out of or relating to Participant’s participation
in the Activities or any other acts or omissions of the Participant related to
the VOLOFIT Business. This indemnity shall survive the expiration or sooner
termination of Participant’s participation in the Activities.
7. Proceedings, Venue and Jurisdiction. In the event of a legal issue brought
by Participant (or the Releasing Parties on behalf of the Participant) against
any of the Released Parties arising from this Release or Participant’s
participation in the Activities, the applicable Releasing Party agrees to
engage in good faith efforts to mediate any such legal issue. Any agreement
reached during such mediation will be formalized by a written contractual
agreement following the conclusion of such mediation. Should the issue not be
resolved by mediation, Participant (or the Releasing Parties on behalf of the
Participant) agrees that all disputes, controversies, or claims arising out of
this Release or Participant’s participation in the Activities shall be
submitted to binding arbitration in accordance with the applicable rules of the
American Arbitration Association then in effect. The cost of such action shall
be shared equally by the parties. The award and decision of the arbitrators
shall be conclusive and binding upon all parties to such action and judgment
upon the award may be entered in any court of competent jurisdiction. All
relevant parties waive any right to contest the validity or enforceability of
such award. Participant further acknowledges and agrees that any question,
issue, or dispute as to the arbitrability of any dispute, controversy, or claim
arising out of this Release or Participant’s participation in the Activities
will be submitted to a single arbitrator in accordance with the applicable
rules of the American Arbitration Association then in effect. The Arbitration
Rules of the American Arbitration Association are available online at
www.adr.org. If, despite the overriding Mediation and Arbitration provision
Participant agrees to below, legal action proceeds in a court of law,
Participant consents to the exclusive jurisdiction of the state and federal
courts in the State, and agrees that venue in the State is proper for the
resolution of any disputes arising under this Release.
PARTICIPANT IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY
JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING
TO THIS RELEASE OR THE PARTICIPANT’S PARTICIPATION AT THE VOLOFIT BUSINESS.
Participant agrees and acknowledges that this Release shall be
governed by and construed in accordance with the laws of the State applicable
to agreements made and to be performed entirely in the State and without regard
to the conflicts of laws principles thereof.
Participant agrees that any arbitration, mediation or legal action shall
proceed solely on an individual basis without the right for any claims to be
arbitrated on a class action basis or on bases involving claims brought in a
purported representative capacity on behalf of others. Claims may not be joined
or consolidated unless agreed to in writing by all relevant parties.
8. Severability. Participant understands and agrees that this
Release is intended to be as broad and inclusive as is permitted by law in the
State and that if any provision shall be found to be unlawful, void, or for any
reason unenforceable, then that provision shall be severed from this Release
and does not affect the validity and enforceability of any remaining
provisions, which shall remain in full force and effect.
9. Integration: Participant affirms that this Release supersedes any and all
previous oral or written promises or agreements relating to Participant’s
participation in the Activities. Participant understands that this is the
entire agreement between Participant and the Released Parties relating to the
Participant’s participation in the Activities, and cannot be modified or
changed in any way by representations or statements by any agent or employee of
any of the Released Parties. This Release may only be amended by a written
document duly executed by all of the Released Parties.
10. Photography. Participant does hereby grant and convey unto
the Released Parties a worldwide and unrestricted right, title and interest in
perpetuity, without reservation of any rights and without any additional
consideration or notice of any kind, in Participant's name, picture, portrait,
likeness and identification as it relates to Participant's participation in the
Activities, and any and all photographic images and video or audio recordings
made by the Released Parties during the Participant's participation in the
Activities, including, but not limited to any royalties, proceeds, or other
benefits derived from such photographs or recordings, whether for commercial or
non-commercial use.
11. Acknowledgment of Understanding. Participant represents and
warrants that he/she has read this Release, and fully understand its terms.
Participant understands that he/she is giving up substantial rights, including
its right to sue and the benefits of Workers’ Compensation. Participant further
acknowledges that it is freely and voluntarily signing the Release and
participating in the Activities, and intends its signature to be a complete and
unconditional release of all liability due to ordinary negligence of the
Released Parties and the Inherent Risks of participating in the Activities, to
the greatest extent allowed by law in the State.
12. FURTHER ACKNOWLEDGMENT OF THE RISK AND WAIVER OF
LIABILITY RELATING TO COVID-19. The
novel coronavirus, COVID-19, has been declared a worldwide pandemic by the
World Health Organization. COVID-19 is extremely contagious and is
believed to spread mainly from person-to-person contact. As a result, federal,
state, and local governments and federal and state health agencies recommend
social distancing and have, in many locations, prohibited the congregation of
groups of people. WITHOUT LIMITING ANY OF THE FOREGOING, PARTICIPANT FURTHER
ACKNOWLEDGES, ASSUMES, REPRESENTS AND WAVES THE FOLLOWING:
- Participant acknowledges that the Released Parties cannot
guarantee that Participant will not become infected with COVID-19
and attending a VOLOFIT Business and/or participating in any of
the Activities could increase Participant’s risk and
the risk of contracting COVID-19.
- Participant represents that Participant does not have
COVID-19, does not exhibit any symptoms of COVID-19 (including without
limitation fever, shortness of breath, or cough), and has not been exposed
to COVID-19 or been in contact within that last 14 days of someone that
has symptoms consistent with COVID-19.
- Participant further represents that Participant will forego
attending a VOLOFIT Business or any Activities if Participant cannot meet
the immediately preceding representations.
- Participant acknowledges the contagious nature of COVID-19
and voluntarily assume the risk Participant may be exposed to or infected
by COVID-19 by attending the VOLOFIT Business or any Activities, inside or
outside, and that such exposure or infection may result in personal
injury, illness, permanent disability, and death.
- Participant understands that the risk of becoming exposed
to or infected by COVID-19 at the VOLOFIT Business or attending any
Activities may result from the actions, omissions, or negligence of myself
and others, including, but not limited to, Released Parties or other
attendees.
- Participant voluntarily agrees to assume all of the
foregoing risks (“COVID-19 Risks) and accept sole responsibility for any
injury (including, but not limited to, personal injury, disability, and
death), illness, damage, loss, claim, liability, or expense, of any kind,
that I may experience or incur in connection with my attendance at a VOLOFIT
Business or participation in Activities.
- Participant hereby releases, covenants not to sue,
discharge, and hold harmless the Released Parties and from all claims,
including all liabilities, claims, actions, damages, costs or expenses of
any kind arising out of or relating thereto. Participant understands and
agrees that this release includes any claims based on the actions,
omissions, or negligence of the Released Parties, whether a COVID-19
infection occurs before, during, or after participation in any Activities.
I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above Terms of Acceptance and Release and Waiver of Liability.