Terms and Conditions
RELEASE AND WAIVER OF LIABILTIY?This is a legal document that affects your legal rights; please read carefully.?THIS RELEASE AND WAIVER OF LIABILITY AGREEMENT (the ""Agreement"") is made as of the date indicated below or as of the date electronically signed and by and between Sea Barre Fitness, LLC, a Delaware limited liability company (“Sea Barre Fitness” and “Sea Cycle Indoor”), located at 34410 Tenley Court, Units 2 and 3, Lewes, Delaware 19958, and all other Sea Barre and Sea Cycle classes and locations, and a client of Sea Barre Fitness and or also Sea Cycle Indoor as indicated below or by way of electronic signature (“Client”). Client desires to participate in fitness instruction classes involving the use of a barre or stationary bike and weights and other class “props” or other fitness instruction provided by Sea Barre Fitness and Sea Cycle Indoor (“Fitness Classes”). Client acknowledges and understands that Fitness Classes involve strenuous physical activity using equipment and information provided by Sea Barre Fitness and Sea Cycle Indoor, requires sufficient balance, flexibility, and strength on the part of Client, and is not without risk of injury. Client does hereby freely, voluntarily, and without duress execute this Agreement under the following terms:?Waiver and Release. Client does hereby release and forever discharge and hold harmless Sea Barre Fitness and Sea Cycle Indoor and its directors, officers, employees, assigns, and agents from any and all liability, claims, and demands of whatever kind or nature, either in law or equity, which arise or may hereafter arise from or are in any way connected to Client’s participation in Fitness Classes. Client acknowledges and understands that this Agreement discharges Sea Barre Fitness and Sea Cycle Indoor and its directors, officers, employees, assigns, and agents from any liability or claim that Client may have against them with respect to any bodily injury, illness, death, or property damage caused or attributable to Sea Barre Fitness and Sea Cycle Indoor or its directors, officers, employees, assigns, and agents.
Assumption of the Risk. Client hereby acknowledges that in using the facilities, programs, and equipment of Sea Barre Fitness and Sea Cycle Indoor, the client does so entirely at their own risk and assumes the risk of any injury, damage, or both while engaging in any Fitness Classes or use of any facility used by Sea Barre Fitness and Sea Cycle Indoor. This assumption of the risk included, without limitation, Client's use of any exercise equipment, changing room, shower, sidewalk, parking lot, stairs, lobby, hallways, or any other equipment in the facility.?Photographic Release. Client does hereby grant unto Sea Barre Fitness and Sea Cycle Indoor all right, title, and interest in any and all photographic images, video, and audio recordings made by Sea Barre Fitness and Sea Cycle Indoor during any Fitness Classes including, but not limited to, any royalties, proceeds, other benefits derived from such photographs and recordings.
No License. Client acknowledges and understands that by participating in Fitness Classes will be exposed to information, sequences, and techniques which are the intellectual property of Sea Barre Fitness and Sea Cycle Indoor. This Agreement is not a license or and in no way authorizes Client to appropriate, use, or reproduce the information, sequences, and techniques of Sea Barre Fitness and Sea Cycle Indoor. Client agrees to not appropriate, use, or reproduce the information, sequences, and techniques of Sea Barre Fitness and Sea Cycle Indoor in any setting or context or setting without the authorization of Sea Barre Fitness and Sea Cycle Indoor. Should Client misappropriate, use, or reproduce the information, sequences, and techniques of Sea Barre Fitness and Sea Cycle Indoor without prior authorization, Client shall be liable to Sea Barre Fitness and Sea Cycle Indoor for all damages as a result of such unauthorized use or reproduction and shall pay Sea Barre Fitness and Sea Cycle Indoors’ attorneys’ fees and costs incurred in pursuit of a remedy, legal or equitable, against Client.
Governing Law and Venue. This Agreement is to be construed pursuant to the laws of the State of Delaware. In the event that any dispute shall arise under or in connection with this Agreement or related to any matter which is the subject thereof shall be subject to the exclusive jurisdiction and venue of the state and/or federal courts located in Delaware.?THE UNDERSIGNED HAVE READ, UNDERSTAND and ACCEPT THIS AGREEMENT, and by signing this Agreement, all parties agree to all of the aforementioned terms, conditions and policies.?Sea Barre Fitness and Sea Cycle Indoor/Ellen M. Spell, Owner?
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Assumption of the Risk. Client hereby acknowledges that in using the facilities, programs, and equipment of Sea Barre Fitness and Sea Cycle Indoor, the client does so entirely at their own risk and assumes the risk of any injury, damage, or both while engaging in any Fitness Classes or use of any facility used by Sea Barre Fitness and Sea Cycle Indoor. This assumption of the risk included, without limitation, Client's use of any exercise equipment, changing room, shower, sidewalk, parking lot, stairs, lobby, hallways, or any other equipment in the facility.?Photographic Release. Client does hereby grant unto Sea Barre Fitness and Sea Cycle Indoor all right, title, and interest in any and all photographic images, video, and audio recordings made by Sea Barre Fitness and Sea Cycle Indoor during any Fitness Classes including, but not limited to, any royalties, proceeds, other benefits derived from such photographs and recordings.
No License. Client acknowledges and understands that by participating in Fitness Classes will be exposed to information, sequences, and techniques which are the intellectual property of Sea Barre Fitness and Sea Cycle Indoor. This Agreement is not a license or and in no way authorizes Client to appropriate, use, or reproduce the information, sequences, and techniques of Sea Barre Fitness and Sea Cycle Indoor. Client agrees to not appropriate, use, or reproduce the information, sequences, and techniques of Sea Barre Fitness and Sea Cycle Indoor in any setting or context or setting without the authorization of Sea Barre Fitness and Sea Cycle Indoor. Should Client misappropriate, use, or reproduce the information, sequences, and techniques of Sea Barre Fitness and Sea Cycle Indoor without prior authorization, Client shall be liable to Sea Barre Fitness and Sea Cycle Indoor for all damages as a result of such unauthorized use or reproduction and shall pay Sea Barre Fitness and Sea Cycle Indoors’ attorneys’ fees and costs incurred in pursuit of a remedy, legal or equitable, against Client.
Governing Law and Venue. This Agreement is to be construed pursuant to the laws of the State of Delaware. In the event that any dispute shall arise under or in connection with this Agreement or related to any matter which is the subject thereof shall be subject to the exclusive jurisdiction and venue of the state and/or federal courts located in Delaware.?THE UNDERSIGNED HAVE READ, UNDERSTAND and ACCEPT THIS AGREEMENT, and by signing this Agreement, all parties agree to all of the aforementioned terms, conditions and policies.?Sea Barre Fitness and Sea Cycle Indoor/Ellen M. Spell, Owner?