LIVE STREAM WAIVER AND RELEASE OF LIABILITY AND TERMS AND CONDITIONS
Waiver and Release of Liability
This is a waiver and release of liability between you (the “Participant,” “you,” “your”) and High Fitness, LP (“High Fitness,” “we,” “us,” “our”).BY USING THIS WEBSITE AND PARTICIPATING IN ANY HIGH FITNESS ACTIVITY, INCLUDING THIS LIVE STREAM HIGH FITNESS CLASS (THE “PROGRAM”), THE PARTICIPANT UNDERSTANDS AND AGREES WITH THIS WAIVER AND RELEASE OF LIABILITY, IN ADDITION TO THE TERMS & CONDITIONS BELOW.
By using this site and participating in the Program, you acknowledge that you have read, understood, and consent to voluntarily engage in a fitness training program and its associated health risks. In consideration of you being provided access to and participating in the Program, you forever waive, release, and discharge High Fitness and its owners, principals, officers, agents, employees, representatives, executors, and all others acting on its behalf from any and all claims or liabilities for injuries or damages to your person and/or property, including those caused by the negligent act or omission of any of those mentioned or others acting on their behalf, arising out of or connected with your participation the Program at various sites, including your own home.
By consenting and agreeing below, you acknowledge that you have read this Waiver and Release of Liability, fully understand its terms, understand that you have given up substantial rights by consenting to participate in the Program, and consent freely and voluntarily without any inducement.
Terms and Conditions of Participation in the Program
1. Ability to Enter Into Agreements. By consenting to participation in the Program below, you affirm that you are the age of majority in your state or province of residence and/or you have given us your consent to allow any of your minor dependents to use this site or participate in the Program.
2. Proprietary Rights and Intellectual Property. High Fitness owns the proprietary rights to all intellectual property belonging or relating to High Fitness (“High Fitness IP”), including trademarks (registered and unregistered), copyright, choreography (“Choreography”), trade name, service marks, logos, brand features, and all other intellectual property rights.
3. Infringement of Proprietary Rights. You agree that you will not infringe on any of High Fitness’s proprietary rights in the High Fitness IP in any way. You must not record, distribute, duplicate, sell, reproduce, or license any of the High Fitness IP without prior written consent from High Fitness.
4. Choreography. All Choreography used in the Program is created by and owned by High Fitness. Recordation, duplication, replication, imitation, or any reproduction of the Choreography is expressly prohibited and will be considered infringement of the High Fitness IP. Participant agrees not to use any content provided by High Fitness or included in the Program without written consent from High Fitness.
5. Recording. Participant must not record any portion of the Program for either personal use or distribution. Should any recording be made, distributed, or posted on any platform, appropriate action will be taken to remove and/or delete said recording, and High Fitness will pursue any action or remedies available to it.
6. Remedies. Any infringement of the High Fitness IP or violation of any of your obligations under these Terms and Conditions entitle High Fitness to injunctive relief to prohibit such violation or infringement. High Fitness retains the right to pursue all remedies in equity or law against you for violating any of these Term and Conditions.
7. Assumption of Risk. You understand and agree that participation in the Program may involve inherent and unavoidable risks, including injury, paralysis, or even death. With complete awareness of such risks, you assume the risk of taking part in the Program. High Fitness may not be safe or appropriate for everyone. You are encouraged to seek medical advice before participating in the Program or if you experience any medical condition affecting your ability to participate in the Program. High Fitness assumes no responsibility for any consequence relating directly or indirectly from any of your action or inaction. If you are injured while participating in the Program, you assume any financial obligations for any medical costs you may incur.
8. Third Party, Affiliate, and Advertising Links. Certain content, products, and services may be made available through this site or the Program through third party or affiliate links and advertisements from third parties (“Third Party Links”). Such Third Party Links may direct you to external websites that are not affiliated with High Fitness. High Fitness is not responsible for examining or evaluating the content or accuracy of such sites. High Fitness does not warrant and will not have any liability or responsibility for any third party materials, products, goods, services, or websites. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party and not to High Fitness.
10. Disclaimer of Warranties. We have made every effort to accurately represent the Program and its potential. By using this site and participating in the Program, you understand that we do not guarantee the achievement of any specific results. Each individual’s success depends upon many factors, including his or her dedication, desire, and motivation. The Program and any information provided during the Program is intended for a general audience and does not purport to be, nor should it be construed as, specific advice to any individual or as a substitute for professional medical advice, diagnosis, or treatment. High Fitness does not guarantee, represent, or warrant that your participation in the Program will be uninterrupted, timely, secure, or error-free. We do not guarantee any results, express or implied, from participating in the Program or using this site. We may remove the service for indefinite periods of time or cancel the service at any time, without providing any notice to participants. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
11. Limitation of Liability. In no case whatsoever will High Fitness, our principals, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Program or any products procured using the Program, or for any other claim related in any way to your use of the Program or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the Program, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability is limited to the maximum extent permitted by law.
12. Indemnification. You agree to defend (at High Fitness’s option), indemnify, and hold harmless High Fitness, its affiliates, and its and their officers, directors, employees, representatives, successors, and assigns, from and against all claims, damages, losses, and expenses (including costs and reasonable attorney fees), arising out of or resulting from (a) any action against High Fitness based on any of your negligent acts or omissions or intentional misconduct; or (b) your breach of any representation, warranty, or covenant contained in the Terms and Conditions.
13. Changes to These Terms & Conditions. We reserve the right to change these Terms & Conditions from time to time. If you do not wish to be governed by the Terms & Conditions, you must not participate in the Program.
14. Accuracy, Completeness, and Timeliness of Information. We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
15. Modification to or Discontinuation of Program. We reserve the right at any time to modify or discontinue the Program (or any part or content thereof) without notice at any time.
16. Prohibited Uses. In addition to other prohibitions set forth in the Terms and Conditions, you are prohibited from using the site or its content or the Program (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the site or Program or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Program or any related website for violating any of the prohibited uses.
17. Governing Law. These Terms & Conditions are governed by the laws of the United States and the State of Utah and you and we agree to use Utah courts should any dispute arise.
18. Severability. If any part of these Terms & Conditions is found to be invalid by law, the rest of them remain valid and enforceable.
19. No Waiver. High Fitness’s failure to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision.
20. Entire Agreement. These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the Program constitutes the entire agreement and understanding between you and High Fitness.
21. Contact Information. Any questions about the Terms and Conditions should be sent to us at firstname.lastname@example.org.