WAIVER AND RELEASE OF LIABILITY

Welcome! Before participating in The Fitness Tech’s services, we need you to thoroughly read, understand, and agree to this Waiver and Release of Liability (the “Waiver”). The purpose of this Waiver is to clearly communicate some risks of participating with us and to have you release The Fitness Tech of any liability if you get injured or sick, if you have complications or side effects, if any of your things are lost, stolen or broken, or if anything else goes wrong. Please be aware that if you do not sign this Waiver and agree to its terms, you will not be permitted to participate in any services. 

If you are a minor in the State of California or in your place of residence, your legal guardian must also sign this Waiver on your behalf. 

PLEASE READ CAREFULLY TO MAKE SURE YOU UNDERSTAND THIS WAIVER. PLEASE ASK QUESTIONS IF ANYTHING IS UNCLEAR. WE ARE HERE TO SUPPORT YOU. BY SIGNING THIS, YOU AGREE YOU ARE SIGNING AWAY YOUR LEGAL RIGHTS TO SUE, AND YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS WAIVER.

1. Parties. We are The Fitness Tech LLC, a Limited Liability Company based in the State of California. In this Waiver, we will refer to ourselves as “The Fitness Tech,” “us,” “we,”  and “our.” We’ll refer to you, the undersigned (electronically or by hand), or the person who has clicked “I Agree” (or something similar) to this Waiver as “you” or “your.”

2. The Activities. As part of your services with The Fitness Tech, you may participate, in person or online, in Supportive and Effective fitness training classes, sessions, events, workshops and more, all of which may involve but are not limited to the following (“Activities”):

a. Strength and fitness training, core exercises, high-intensity exercises, flexibility training, body weight exercises, locomotor movements, stretching and resistance exercises, strength exercises, mobility, range-of-motion exercises, and breathing exercises. 

b. The Activities may involve physical contact in the form of adjustments or tactile cues from instructors, so please let us know in advance if you do not want adjustments. 

c. The Activities also apply to any classes available for online streaming and participation, both live or recorded, or outside The Fitness Tech’s facilities, including outdoors. You agree that you are responsible for the safe facilitation of Activities outside our facilities. 

3. Equipment. In the course of the Activities, you may use a variety of equipment, which could include but is not limited to free weights, barbells, treadmills, resistance bands, foam rollers, dumbbells, kettlebells, weight plates fitness balls, lacrosse balls, pull-up frames, TRX, ropes, medicine balls, skiErgs, rowers, squat racks, rip trainers, benches, boxes and stationary bicycles (the “Equipment”). Please do not use any equipment not instructed by The Fitness Tech. You understand that while we will do everything to reasonably maintain the equipment, it is possible that the equipment may break or fail, and the risks of any such failure may result in the risks outlined below.

a. Please note that we may add new and different Equipment in the future in providing the Activities which will be of a similar nature as the Equipment listed above. You accept the risk of any future and similar related Equipment you may use to participate in the Activities.

4. Inherent Risks. You understand that participation in the Activities may pose inherent risks, some more serious than others. These risks can result in serious harm and injuries that could change your quality of life, your ability to earn an income and, in very rare and extreme circumstances, could even result in death.

a. Risks of physical injury may include but are not limited to things like muscle tears, strains, and other musculoskeletal injuries, sprains, fractures, broken bones, cardiovascular complications, high blood pressure, dehydration, dizziness, fainting, head injuries, concussions or concussion symptoms and PTSD. 

b. There is also a risk of exposure to and contraction of COVID-19 or other communicable diseases passed on via other participants and the use of shared space, surfaces, or Equipment. 

c. If you are pregnant or post-natal, as with any physical activity, there are additional risks to the health of your fetus and your body, including but not limited to pregnancy loss, low birth weight, early delivery and postpartum complications. 

d. Participating in the Activities online poses risks, as no in-person supervision or space is provided. You will, therefore, need to ensure the safety of the Activities by using your judgment on how to best practice them, not pushing yourself too far and not attempting anything you feel unsure how to perform.

e. If the Activities are being performed outdoors, there are additional risks such as tripping or collision with human or natural elements, sun exposure, dehydration, insects, exposure to infections, diseases, pollutants, and other environmental factors. You understand and agree that you are responsible for ensuring a safe space and environment in which to perform the Activities.

d. We would like to emphasize that your release of our liability is not limited in any way to these risks. The risks listed above are only examples. To be completely clear, you are agreeing not to sue us at all.

5. Affirmation of Health. By participating in any Activities with The Fitness Tech, you affirm that you have sought medical advice regarding your fitness or are certain of your ability to engage in the Activities. If you have any pre-existing medical conditions (e.g., asthma, diabetes, heart disease), physical injuries, weakness, or are pregnant, post-natal or post-surgery, you should consult with your doctor first before engaging in the Activities. Please communicate and inform us IMMEDIATELY if at any point you do not feel well during the Activities. 

6. Voluntary Assumption of Risk. You certify that you have read this Waiver and understand the risks of participating in the Activities with The Fitness Tech. By signing this Waiver or clicking “I Agree” (or something similar), you are showing your voluntary engagement and assumption of the risks of the Activities.   

7. Lost or Stolen Personal Items. You agree that it is solely your responsibility to safeguard your personal items. The Fitness Tech is in no way responsible for any personal property damaged, lost, or stolen before, during, or after your participation in the Activities.

8. Alcohol and Prohibited Substances. You are strictly forbidden from participating in the Activities while under the influence of alcohol or any other substances that may alter your perception or ability to be present, focused and aware of your body’s pain threshold.

9. Release, Waiver and Indemnity. You hereby release, hold harmless, indemnify and waive any claims against The Fitness Tech LLC and its members, owners, directors, officers, contractors, employees, affiliates, volunteers, associates, landlords, agents, executors, administrators, successors, family members and assigns (the “Released Parties”) with respect to any and all liability and damages incurred during, or in any way associated with, your participation in the Activities with The Fitness Tech, however caused, including as a result of the Released Parties’ negligence, including but not limited to damage to or loss of personal property, personal injuries, death, illness, or any cause of action related to premises liability. You are releasing the Released Parties at your own risk, and you agree to forfeit any and all forms of legal recourse that may be available to you, including but not limited to any form of damages, as a result of your participation in the Activities. You agree that this provision applies to you, your family, heirs, executors, or anyone else who may be able to bring legal action on your behalf in the future.   

10. Continued Agreement. Agreement to this Waiver will act as your continued agreement to all ensuing Activities and any further interactions with The Fitness Tech, whether in person, online, or via video conferencing tool. 

11. Arbitration. Any controversy or claim arising out of or relating to this Agreement or the breach of this agreement shall be settled exclusively by arbitration. You also agree that should arbitration take place, it will be exclusive to the courts of the State of California or such other arbitrator mutually agreed upon by the parties. The arbitrator’s decision shall be final, binding on both parties and enforceable in any court of competent jurisdiction. The losing party shall bear the costs of the arbitration. The arbitration award shall be final and binding upon the parties, and the parties hereby waive any rights to appeal or challenge the award to the extent permitted by applicable law. This arbitration clause shall survive the termination or expiration of this contract.

12. General Legal Provisions. Choice of Laws and Venue. This Waiver will be governed exclusively by the laws of the State of California. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the State of California. Severability. If any terms or provisions of this Waiver are invalid or unenforceable, the other provisions in the Waiver will remain in full force and effect. Entire Agreement. This Waiver constitutes the entire agreement between the parties and replaces any prior agreements. Online Agreement. The parties agree that this Waiver may be signed electronically or agreed to by having you click “I Agree” (or something similar), the effect of which will be the same as signing by hand. 

MEDIA RELEASE AGREEMENT

The purpose of this Media Release Agreement (the “Release”) is for you to give us permission to use any photos or videos we capture of you or photos, videos or any other content taken or created by you as we prepare to record content to stream online. We want it to be perfectly clear that you are giving away the irrevocable rights of your audio, video, photo and other recordings to The Fitness Tech.

1. On-Camera Release. You hereby grant to The Fitness Tech LLC, a Limited Liability Company operating in the State of California, and any of its subsidiaries, affiliates, successors, licensees and assigns (collectively, “The Fitness Tech” or “us”) the worldwide irrevocable, perpetual right to photograph and record you on video or film, edit and use any such photographs or recordings, including your voice, movements, musical or other sound effects, as well as your biographical information and testimonials, for any purpose, including commercial use, in any and all media, now known or hereafter devised. 

2. Work-for-Hire. If we, The Fitness Tech, have hired you as a professional to create content on our behalf, by signing this Release, you understand that we are creating a ‘Work for Hire’ relationship, where all intellectual property ownership in all materials created will forever belong to The Fitness Tech.

3. Materials Release. You hereby grant to The Fitness Tech the worldwide, irrevocable, non-exclusive, perpetual right to use the copyrighted photographs and/or video recordings, taken by you or of you, which you either provide to The Fitness Tech or which The Fitness Tech takes of you (the “Licensed Material”) for any purpose, including commercial use and resale, in any and all media, now known or hereafter devised. 

a. Fitness Tech’s use of the Licensed Material shall be subject to an arrangement between you and the Fitness Tech. You warrant and represent that you have the right and authority to grant these rights, that the consent of no other person or company is required to enable The Fitness Tech to use the Licensed Material, and that such use will not violate the rights of any kind of third parties. 

4. Release of Liability. You hereby release The Fitness Tech from any and all claims and demands of any nature whatsoever arising out of or in connection with it exercising its rights under this Media Release Agreement, including, without limitation, any and all claims for invasion of privacy, infringement on the right of publicity or personality, defamation (including libel and slander), and infringement of moral rights and other personal and/or property rights. Further, you agree that these provisions above apply to you, your family, heirs, executors or anyone else who may be able to bring a legal action on your behalf in the future. You hereby agree to indemnify and hold harmless The Fitness Tech and its members, officers, directors, employees, volunteers, agents, heirs, executors, administrators, successors and assigns from any and all liability resulting from our use of the Licensed Materials. 

5. Ownership of Licensed Materials. You understand that in signing this agreement, either by hand or electronically or clicking ‘I Agree’, you are irrevocably assigning, across all jurisdictions in the world and forever, any intellectual property rights you have in the Licensed Materials, however they were created. The Fitness Tech will always have full intellectual property ownership of the Licensed Materials, and this is a work-for-hire provision, where The Fitness Tech is paying you to keep all ownership in the Licensed Materials. 

6. Arbitration. Any controversy or claim arising out of or relating to this Agreement or the breach of this agreement shall be settled exclusively by arbitration. You also agree that should arbitration take place, it will be exclusive to the courts of the State of California or such other arbitrator mutually agreed upon by the parties. The arbitrator’s decision shall be final, binding on both parties and enforceable in any court of competent jurisdiction. The losing party shall bear the costs of the arbitration. The arbitration award shall be final and binding upon the parties, and the parties hereby waive any rights to appeal or challenge the award to the extent permitted by applicable law. This arbitration clause shall survive the termination or expiration of this contract.

7. General Terms. Choice of Laws and Venue. This Agreement will be governed exclusively by the laws of the State of California. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the State of California. Severability. If any provision of this Release is invalid or unenforceable, the other provisions in the Release will remain in full force and effect. Entire Agreement. This Release constitutes the entire agreement between the parties and replaces any prior agreements. Headings. The headings used in this Release are for stylistic purposes only, and none of the content in the headings is intended to be legally binding. Assignment. The Fitness Tech’s rights under this Release may be freely assigned and licensed to any entity. Online Agreement. We agree that this Release may be signed electronically or agreed to by having you click “I Agree”, the effect of which will be the same as if we signed the Release by hand and the intention of which is that both parties desire to be bound by all the terms of the Release.

I HAVE READ THIS WAIVER AND MEDIA RELEASE, UNDERSTAND ITS CONTENTS AND VOLUNTARILY AGREE TO ITS TERMS.