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Terms & Conditions

Weights

AGREEMENT FOR EXCELASTRENGTH PARTICIPATION (ON PREMISES AND ONLINE)

PERSONAL RELEASE AND WAIVER OF LIABILITY

 

 

 

This Agreement for ExcelaStrength Participation (this “Waiver”) is made to allow me to participate in exercise classes, events or other programs (the “Program”) in connection with ExcelaStrength LLC, a Michigan limited liability company, , its employees and contractors, its parent, subsidiaries and affiliates and each of their respective successors, assigns and licensees (collectively, “ExcelaStrength”) online and/or in, on or about properties owned, leased or otherwise under the control of ExcelaStrength (the “Premises”).

 

 

 

1.     Rules and Regulations: While participating in the Program or on the Premises, I agree to obey all rules, regulations, and policies of ExcelaStrength, all applicable laws, and all directions of ExcelaStrength staff. I agree that a violation of the rules, regulations, laws or policies applicable to the Program (as determined in the sole discretion of ExcelaStrength or its representatives) may result in the termination of my participation in the Program and/or my removal from the Facilities.  Failure to adhere to such rules, regulations, laws or policies may further result in my forfeiture of any amounts I may previously have paid to ExcelaStrength or amounts for which I am obligated to pay.

 

 

 

2.     Activity Waiver. I am solely responsible for determining if I am physically and mentally fit and skilled for the activities contemplated in the Program. I agree and understand that my participation in the Program is voluntary and that I am in good health and mental and physical condition, and able to participate in any activity in the Program. I acknowledge that there are certain risks of injury to participants in the Program (“Participants”) and I voluntarily agree, as a condition of my participation in the Program to assume the full risk of any injuries, costs, damages or losses, regardless of severity, that I may sustain as a result of participating in any and all activities connected or associated with the Program.

 

 

 

3.     Premises/Equipment Waiver. I understand that the use of the Facilities and use and/or proximity to the equipment thereon or otherwise sold or provided by ExcelaStrength carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. I know, understand, and appreciate these and other risks that are inherent in my presence in, on, or about the Premises and in my use and/or proximity to the equipment. I hereby assert that my presence/use is voluntary and that I knowingly assume all risks related thereto.

 

 

 

4.     Public Health Waiver.  I acknowledge that I am on notice that the coronavirus disease, COVID-19, and other contagious diseases may pose a significant health risk and may cause serious illness or death. While ExcelaStrength may take precautionary measures to protect participants in the Program such as myself, there can be no assurance that anyone visiting the Premises will not be infected with the coronavirus, COVID-19, or other applicable disease and become seriously ill. I acknowledge, assume and accept all health risks associated with any and all such diseases, including the coronavirus, COVID-19, being present or transmitted on the Premises.

 

 

 

5.     Liability Release. As consideration for ExcelaStrength allowing me to participate in the Program, to the maximum extent permitted by law, I hereby forever release and discharge ExcelaStrength from any and all claims, demands, or causes of action (including negligence [whether active, passive or imputed], strict liability, product liability or any other theory), which I and/or my heirs, successors, or assignees may now have or hereafter acquire by reason of (a) my participation in the Program or presence on the Premises, including as a result of death, personal injury, property damage, financial or other loss, damage, cost or expense; (b) my contracting any infectious diseases, including without limitation the coronavirus, COVID-19; (c) property that is lost, stolen, or damaged while in, on, or about the Premises; or (d) ExcelaStrength’s exercise of the rights herein granted. I hereby waive any and all claims of related in any way to death, personal injury, property damage, financial or other loss, damage, cost or expense, and I hereby agree and covenant not to assert any claim of any nature whatsoever against ExcelaStrength or any party related to the subject matter hereof, including but not limited to for any personal and/or property rights (collectively, the “Released Matters”). I intend and agree that this Waiver shall be effective as a full and final accord and satisfaction and general release of and from all Released Matters. I understand and agree that this Waiver will prevent myself and my heirs, successors and assignees from bringing any action against ExcelaStrength and from recovering any money damages or other relief from ExcelaStrength in connection with any of the claims released herein. Further, I acknowledge that I am aware that I may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different than those which I now know or believe to be true, with respect to the subject matter of this Waiver. Nevertheless, I intend by entering into this Waiver, to release fully, finally and forever all Released Matters under this Waiver. In furtherance of such intention, the releases set forth in this Waiver shall be and remain in effect as full and complete releases notwithstanding the discovery or existence of any such additional or different claims or facts relevant hereto. Accordingly, I hereby waive and relinquishes every right or benefit which I have under any federal, state or other law limiting the effect of releases to the fullest extent that I may lawfully waive such right or benefit, including the provisions of Section 1542 of the California Civil Code, which provides:

 

 

 

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

 

 

 

6.     Indemnification. On behalf of myself and my heirs, successors and assignees, I hereby agree to indemnify, defend and hold harmless ExcelaStrength from and against any breach of this Waiver by me and/or any and all claims, actions, proceedings, judgments, costs, damages (including, without limitation any direct, incidental, consequential, special or punitive damages), losses, expenses (including, but not limited to, attorneys’ fees and costs) and liabilities, whether under contract, warranty, tort (including negligence [whether active, passive or imputed], strict liability, product liability or any other theory), relating to any claim I may now or later have with respect to any death, personal injury, property damage, financial or other loss, damage, cost or expense that may be suffered by me or any third party as a result of, and/or in connection with, my participation in the Program.

 

 

 

7.     Representations and Warranties. I represent and warrant that I am free to enter into this Waiver and understand its contents and the legal implications of releasing Released Matters.

 

 

 

8.     Choice of Law; Arbitration. The terms and conditions of this Waiver shall be interpreted and governed by New York law without reference to choice of law rules. The parties consent to the jurisdiction and venue of the State of New York in the City and County of New York. The parties have agreed that any dispute will be resolved in a non-judicial forum through binding arbitration and, accordingly, waive their right to a trial by jury. Any dispute arising hereunder shall be resolved solely through binding arbitration conducted in New York, New York under and pursuant to the commercial arbitration rules of JAMS (“JAMS Rules”), as said rules may be amended from time to time with full rights of discovery as permitted in accordance with New York law. Such rules and procedures are incorporated and made part of this Waiver by reference. The parties hereby expressly waive any and all rights to appeal, or to petition to vacate or modify, any arbitration award issued in a dispute arising out of this Waiver. Each party hereby irrevocably submits to the jurisdiction of the state and federal courts for the County of New York in connection with any petition to confirm an arbitration award obtained pursuant to this Paragraph. The arbitration will be confidential and conducted in private, and will not be open to the public or media. No matter relating to the arbitration (including, but not limited to, the testimony, evidence or result) may be: (i) made public in any manner or form; (ii) reported to any news agency or publisher; or (iii) disclosed to any third party not involved in the arbitration. The parties agree to accept service of process in accordance with JAMS Rules. The parties recognize that their relationship is unique and that each Participant is situated differently from all other Participants, and that no one Participant can adequately represent the interest of others. Therefore, I agree that any arbitration, suit, action or legal proceeding shall be conducted and resolved on an individual basis only and not on a class-wide, multiple plaintiff, consolidated or similar basis, and l hereby explicitly and unequivocally waive my right, if any, to join a plaintiff class action or other multiple party lawsuit against ExcelaStrength arising under or related to this Waiver or to act in any arbitration or otherwise in the interest of the public or in any private attorney general capacity.

 

 

 

9.     Miscellaneous. This Waiver shall be binding upon me and my heirs, successors and assignees forever and shall be freely assignable by ExcelaStrength. This Waiver sets forth the entire understanding of the parties and may not be modified except by a writing signed by me and ExcelaStrength. This Waiver may be executed and delivered by facsimile or other electronic transmission and/or by PDF signature. The illegality, invalidity or unenforceability of any provision of this Waiver shall in no way affect the validity or enforceability of the remainder of this Waiver, which shall be enforced to the maximum extent permitted by law.

 

 

 

I have read this entire Waiver and fully understand its contents. I am agreeing to this Waiver and participating in the Program voluntarily, without any duress or undue influence.

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