Terms and Conditions

Liability Waiver
WAIVER AND OTHER TERMS

Thank you for your interest in Switching Gears, Inc. (“SG”). We offer indoor cycling and other fun exercise activities to participants who seek a healthier tomorrow. By “Participant” we mean the person who engages in the activities offered by the SG.Cycling and other physical fitness activities pose inherent risks and dangers to participants. The risk of injury will vary from person to person and from activity to activity. It is each participant’s responsibility to assess and ensure his/her health and physical conditioning before joining any of the activities offered by SG. SG does not perform a Participant fitness, health or skills assessment.
This waiver of Liability, Release, Acknowledgement of Risk, and Indemnification Agreement (“Waiver Agreement”) is intended to be, and is, legally binding. If any aspect of this Waiver Agreement requires clarification, have a SG employee fully explain it before signing. By signing the SG “Waiver” you are agreeing to all terms set forth in this Waiver Agreement. You and/or the person on whose behalf you are signing, are waiving the right to bring any type of action, whether in court or otherwise, to recover compensation or obtain any other remedy for any personal injuries, damages to property, any accident or incident of any type, or death, arising out of or related to your use of SG, its facilities, grounds, exercise areas, classes, equipment, whether the use is supervised or unsupervised. In agreeing to this Waiver Agreement, the undersigned acknowledges, understands, and agrees on his behalf, and upon behalf of the person for whom he is signing, that the use of SG, its facilities, equipment, classes and/or participating in activities sponsored by SG have inherent risks. These risks include, but are not limited to, any injury or damage resulting from:
Negligence of employees, volunteer assistants, independent contractors of SG. Negligent misuse of the facility or equipment of SG; falling off of or impacting against any surface; all other activities occurring on the premises; cuts or abrasions resulting from any cause whatsoever; failure of equipment, whether inside or outside; personal health problems, whether mental or physical; negligence of others , visitors, or observers or persons who may be present in or around the SG facility; and/or negligence or lack of adequate training of any person(s) who seek to assist with medical or other help either before or after any injury or damage may occur.
By accepting these terms you acknowledge the value (“consideration”) of being permitted to sign-up and participate in SG classes and other programs (“activities”) designed to improve your fitness, your physique and mental outlook. You acknowledge that you understand the nature of the activities. You represent that you are 18 years or older. If you are accepting on behalf of a minor or other person who will be a Participant, you represent that you are the legal guardian, or that you otherwise have the legal authority to enter into this agreement on behalf of that Participant. You represent that the participant is qualified, in good health and in proper physical condition to participate. You understand the risks and dangers associated with the activity. You assume responsibility for each of the risks and dangers that could arise out of or during the activity. You waive any liability of SG, its shareholders, officers, or employees to you or the Participant resulting from any personal injury, accident, wrongful death or illness in any way related to the activities offered by the SG. This waiver of liability may be assigned by SG in appropriate circumstances. It cannot be assigned by a Participant or representative of a Participant.
TERMS OF USE
Your acceptance constitutes agreement that you will comply with all stated and customary terms, posted signs, rules and instructions given to you by any of the staff of SG. You will ensure that the Participant is familiar with the equipment and the facilities used, and that such use is careful, safe and limited to the intended purpose of SG. You will inform SG of any safety hazard, dangerous conduct, or harassment you discover at its facility. You will conduct yourself in a polite manner with staff and other Participants, and comply with all instructions given by SG staff, including leaving the premises if told to do so. You will hold harmless and indemnify SG for any damage to property or injury to person you or your Participant cause, including reasonable attorney fees and costs. You will comply with all financial terms of your invoices.
By accepting these terms, I understand and am aware that, fitness, working out, including the use of the equipment, is all potentially hazardous activities. I also understand that fitness activities involve a risk of injury or even death, and that I am voluntarily participating in these activities and using equipment and machinery with knowledge of the dangers involved. I hereby to expressly assume and accept any and all risks of injury or death .
Your acceptance constitutes consent for SG to use and reproduce photographs, slides, moving pictures, audio and visual recording or testimonials taken by SG that contain your voice, image, likeness or account, in any media, SG’s records, television, radio, print media and internet distribution, without your prior inspection or approval.
PRIVACY POLICY
We receive, collect and store any information you voluntarily provide, such as names, postal addresses, email addresses, credit card information, and such other information requested on our membership application or from participation in activities. This information is used to perform the services you request, to improve the experience of participants and to adhere to the terms of the membership application. We may use the information to fulfill your requests for our products, programs and services, to respond to your inquiries about our offerings, to offer you other products, programs or services that may be of interest to you and to notify you when you have won contests that may be offered.
We do not sell our customers’ information to third parties for marketing purposes.
Our Privacy Policy is subject to change. Please contact us to view our current Privacy Policy. If you have any concerns or questions, please contact us at _____________.
MISCELLANEOUS
Venue. The sole venue for any dispute with SG shall be the local, State of Federal courts in Summit County, Ohio, and you waive any objection thereto.
Choice of law. This contract shall be governed by the laws of the State of Ohio.
Arbitration. In the event of any dispute arising out of this agreement, either party may demand that the dispute be settled by arbitration within Summit County, Ohio.
Modification. This agreement is fully integrated and represents the final agreement of the parties on the subjects. No amendment or modification of this agreement shall be binding against SF unless accepted in writing.
Severability. In the event some portion of this agreement is deemed unenforceable, it shall be severed with the remainder of the agreement enforced to the fullest extent possible.
Acceptance. Acceptance electronically, or by signed paper, or by counterparts shall be valid and effective, and any copy shall be as effective as the original.
I have read this Agreement; have had the opportunity to ask questions; I fully understand the terms; and intending to be bound, I accept.
Signature of Participant date
Printed Name
Signature of Parent/Guardian of Minor date
Printed Name

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