Terms and Conditions

I acknowledge and agree that the activities in which I am about to engage involve physical activity which may from time to time be strenuous and which carries the inherent risk of injury, including death. I must: (1) judge my own capabilities with respect to participating in classes and other activities at Burn 60 (“Burn 60”) facilities; and (2) consult with a qualified physician before beginning any exercise regime and from time to time thereafter pursuant to my physician’s recommendations. I hereby assume all risk of injury, illness, damage or loss to me or to my property that might result, including, without limitation, any loss or theft of any personal property. I acknowledge that it is my responsibility to inform Burn 60 personnel immediately should an injury occur.

In consideration of my participation in the in person or on-line classes offered by, and use of the facilities and equipment located at, Burn 60, I hereby: (1) waive and release Burn 60, LLC, its principals, officers, owners, agents, employees, instructors, independent contractors, and affiliates (collectively, the “Burn 60 Parties”) from any and all claims, demands, causes of action, damages, expenses (including attorney’s fees), losses, and liabilities of any type whatsoever, past, present, or future arising out of or relating to my activities in connection with or at Burn 60 (collectively, “Claims”) (excepting Claims caused by grossly negligent, reckless or willful conduct, except to the extent such a waiver is permitted under applicable law); (2) agree to indemnify and hold harmless the Burn 60 Parties with respect to any and all Claims for which I may be liable to others; and (3) covenant not to sue the Burn 60 Parties with respect to any Claim. The foregoing waiver of claims, agreement to indemnify, and covenant not to sue apply whether or not I am participating in a class (in person or on-line), using any equipment, or acting under the supervision of Burn 60 personnel, at the time of any occurrence, act or omission.

I hereby waive the protections of Section 1542 of the California Civil Code, and any other statute or common law doctrine of like effect, which provide that a general release does not extend to certain claims which the releasing party does not know or suspect to exist at the time of executing a release, it being my express wish that the foregoing release extend to include unknown and future claims. The foregoing agreements are expressly intended to: (1) extend to my heirs, executors, administrators, legal representatives, assignees and successors in interest; (2) include injuries which may occur as a result of (a) my use of any exercise equipment or facilities which may malfunction or break, (b) the Burn 60 Parties’ improper maintenance of any exercise equipment or facilities, (c) the Burn 60 Parties’ negligent instruction or supervision, including without limitation the absence of any supervision by a Burn 60 Party in connection with any personal training session, (d) my slipping and falling while at the Burn 60 Facility, and (e) the acts or omissions of other guests of Burn 60; and (3) include any Claims arising out of or relating to occurrences, acts and omissions anywhere on the Burn 60 premises, including without limitation the parking structure and the walkways between it and the Burn 60 workout facility.

I acknowledge and agree that any type of recording or transmission (video, audio, still photography, streaming, social media posting, etc.) of any Burn 60 classes or activities, whether in person or online, is strictly prohibited without the prior written consent of an authorized corporate officer of Burn 60. Burn 60’s instructors are not authorized to provide consent. This includes even a temporary recording/transmission via online platforms such as SnapChat, Facebook, or Instagram. I am, however, permitted to record and post lawful, non-offensive content related to my participation in a Burn 60 class before and/or after a class with the consent of each participant who is identified in your content. Any violation of this policy is grounds for exclusion from participation in any Burn 60 activities. I further agree to indemnify, defend, and hold harmless Burn 60, its officers, directors, employees, agents, and instructors, from and against any claims, lawsuits or other actions, and all resulting loss, damage or cost of any kind (including reasonable attorneys’ fees), resulting from my violation of this policy.

I understand that Burn 60 disapproves of any unwelcomed, inappropriate and/or offensive conduct by its personnel or its members. If I believe I have been subject to unwelcomed, inappropriate, and/or offensive conduct by any Burn 60 personnel, including while participating in a Burn 60 studio, or any other Burn 60-related context, Burn 60 encourages me to clearly and promptly tell the person engaging in the conduct that is unwelcomed and offensive (if I am comfortable doing so), and to promptly notify a member of Burn 60. When making a report or complaint, Burn 60 strongly recommends that I provide as much specific information as possible in writing, including the following regarding each alleged incident: date, time, place (specify studio location or time/type of virtual class), names of any witnesses, what was said or done, and any other relevant surrounding facts/circumstances. Burn 60 will strive to appropriately investigate any reported incidents and seek to provide due process for all parties. Burn 60’s responsive actions, however, cannot be known in advance, since they will vary depending upon the nature of the allegations. Burn 60 strives to maintain confidentiality throughout the investigative process to the extent practicable. However, Burn 60’s duty to investigate and take corrective action as appropriate may require the disclosure of certain information, and therefore confidentiality cannot be guaranteed.

In relation to Coronavirus/COVID-19 (“COVID-19”), I hereby acknowledge that Burn 60 has put in place preventative measures to help reduce the spread of COVID-19; however, Burn 60 cannot guarantee that I, my family, or my guests will not become infected with COVID-19. It is possible that attending classes, events and activities at Burn 60 may place me in close physical contact with other members, attendees and staff, and could increase the risk of me, my family members, and/or my guests contracting COVID-19. I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I, my family members and/or my guests may be exposed to or infected by COVID-19 at Burn 60’s studio and that such exposure or infection could result in physical injury, illness, permanent disability, and death. I understand the risk of becoming exposed to or infected by COVID-19 at Burn 60 may result from the actions, omissions or negligence of myself or others, including, but not limited to, Burn 60’s employees, members and/or attendees.

By signing this Agreement, enrolling online, and/or attending in person classes, events, activities, and other programs and/or entering the Burn 60 studio facilities and using equipment, I voluntarily agree, on behalf of myself, my heirs, personal representatives and/or assigns, and any minor child I may enroll: (a) to assume all of the foregoing risks and accept sole responsibility for any injury, illness, damage, loss, claim, liability, or expense, of any kind (including, but not limited to, personal injury, disability, and death) that may occur to me or my family members in connection with attendance at Burn 60 or as a result of participation in Burn 60 programs (“Claims”); and (b) covenant not to sue Burn 60, its instructors, clients, and employees from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto, based on the actions, omissions, or negligence of Burn 60, its instructors, members, and employees, whether a COVID-19 infection occurs before, during, or after attending Burn 60’s studio facilities or participating in any Burn 60 program.

In addition, and also in consideration of my participation in the classes offered by, and use of facilities and equipment located at Burn 60, and other good and valuable consideration, and intending to be legally bound, I: (x) authorize Burn 60 to take my photograph, record my image and voice, and to display, reproduce and distribute such photographs, recordings, and all related copyrightable images of me (the ""Images"") and to allow Burn 60 to use the Images and data pertaining to my performance at a Burn 60 Facility (“Data”) and avoid any dispute with respect to ownership of the Images and Data and I wish to waive any moral rights or other intellectual property rights and to waive my right to sue or otherwise proceed against Burn 60 for such use, whether direct or indirect, of the Images and Data; (y) irrevocably and unconditionally release and discharge the Burn 60 Parties and their respective licensees, sub-licensees, insurers, distributors, suppliers, partners, officers, directors, employees, shareholders, principals, photographers, successors, predecessors, agents, assigns, representatives and all persons acting through, under or in concert with Burn 60, from any and all claims, suits, causes of action, debts, damages, costs, expenses, liabilities, and demands of any kind, whether in law or equity, whether known or unknown, asserted or unasserted, related to the Images and Data and for copyright infringement in connection with Burn 60's use, whether direct or indirect, of the Images for which I have any rights to date; and (z) intend my execution of this Participant Release and Waiver Agreement to be a royalty free, irrevocable, non-terminable, worldwide, exclusive and transferrable license for any ongoing or future use by Burn 60 and or its photographers of the Images and Data, and I authorize Burn 60 to bring legal action for any improper use of the Images and Data, including unauthorized use by me and for any infringement occurring after the date of thereof against third parties.