Waiver Release & Consent Agreement
Waiver Release & Consent Agreement
BY PARTICIPATING IN ANY COMPANY ACTIVITIES AND/OR CLASSES, EITHER ONLINE OR IN PERSON, USING COMPANY-PROVIDED WEIGHTS OR OTHER EXERCISE ACCESSORIES OR MATERIALS (COLLECTIVELY, THE “PRODUCTS”), YOU AGREE AND CONSENT TO BE BOUND BY ALL TERMS CONTAINED IN THIS WAIVER, RELEASE AND CONSENT AGREEMENT (THIS “AGREEMENT”).
Safety As Our Highest Priority.
RPM Fitness, Inc. dba: RPM Training Co. & Atom (“Company” or “RPM” or “Atom” or “we” or “us” or “our”) requires that all persons who participate (each a “Participant”) in live or online fitness classes, activities and programs (“Programs”) follow and comply with all safety rules and instructions communicated to you by us and that are designed to protect everyone’s safety. However, you acknowledge and recognize that there is an inherent risk of injury when choosing to participate in our Programs.
Please use common sense regarding your own safety; know your personal limits and always be respectful to yourself and other Participants.
Participants under 16 years old are not permitted to use or access the Service, except as under our Terms of Service. Minors who are at least 16 years old who can safely fit and use ourProducts may participate in the Programs with parent/guardian consent so long as the parent/guardian is present at all times during use, and provided that such parent/guardian agrees and consents to all terms of this Waiver, Release and Consent Agreement on behalf of such minor Participant.
You are solely responsible for determining whether you are physically and mentally fit and/or adequately skilled to participate in our Programs and to use our Product. The risk from participating in our Programs may be aggravated if you have any of the follow conditions: you are pregnant, suffer from an underlying medical condition, take medication, smoke cigarettes, have a family history of heart or lung disease, or have recently suffered an illness, injury or impairment (including an illness based on COVID-19). Accordingly, it is your responsibility to consult a physician before you decide to be a Participant in any of our Programs. It is also your responsibility to determine, during your participation in our Program, whether you should discontinue your participation in such Program or take any other actions to protect your health or safety.
Warning Of Risk From Fitness Activities.
Aerobic and other fitness activities using the Products are intended to challenge and engage the physical, mental and emotional capabilities of the Participant.
Despite careful and proper preparation, instruction, medical advice, and conditioning, participation in our Programs does involve a risk of serious injury. All hazards and dangers cannot be foreseen. Depending on the particular activity, certain risks, dangers and injuries due to over-exertion, lack of hydration, improper technique, ignoring safety precautions, failing to properly follow instructions, slips and falls, unfamiliarity with certain exercises, improper installation or use of the Products, Product failure, failure in supervision/instruction, premises defects and other risks inherent to the particular Program activity do exist.
Nonetheless, you hereby agree to assume all risks of your participation in our Programs including your use of our Products (or use of any equipment provided by you or others), whether known or unknown to you.
Depending upon a person’s physical condition, age and/or skill level, fitness activities inherent in our Programs can involve a substantial risk of the following types of injuries, among others: (i) heart attack, stroke and circulatory problems, (ii) bone and joint injuries, (iii) back and neck injuries, (iv) shin splints, (v) muscle strain and other muscle injuries, (vi) foot problems, (vii) mental or psychological injury, pain or suffering, (viii) bodily disfigurement, (ix) temporary or permanent disability (including paralysis), (x) death or (xi) economic loss.
If you experience lightheadedness, altered vision, eye or face twitching, jerking or shaking of arms or legs, disorientation, confusion, or momentary loss of awareness or any of other health symptoms, you should immediately stop exercising and consult a doctor.
It is your responsibility as a Participant to have a complete physical examination by a medical doctor prior to beginning any Program activity. If a Participant has, or has a history of, any of the conditions listed above, he/she should consult a physician before participating in any of our Programs.
Waiver And General Release Of All Claims And Your Assumption Of Risk.
You recognize and acknowledge that there are inherent risks of physical injury to participants in any fitness activities, including when using our Products, and you voluntarily agree to assume the full risk of any and all injuries, damages or loss, regardless of severity, that you may sustain as a result of said participation. As a material inducement for the Company to permit you to participate in our Programs, to use our facilities (or those of third parties) or our Products (as or where applicable), you hereby, on behalf of yourself, your heirs, executors and assigns, fully, forever and irrevocably waive, release and hold the Company, its shareholders, directors, agents, representatives, employees, consultants, affiliated companies, partners, and successors (collectively “Company Parties”) harmless from any and all claims (including, to the extent permitted by applicable law, claims alleging negligence on behalf of any Company Party), injuries, damages or loss (including legal fees), present or future, foreseen or unforeseen, anticipated or unanticipated (collectively “Claims”), that you may have (or that accrue to you) against any Company Party, and generally release and discharge the Company Parties from any and all Claims, including but not limited to those involving: (i) participating in any supervised or unsupervised Programs, (ii) use of any Company Products, (iii) any loss or theft of personal property, and (iv) accidental injuries, such as “slip and fall” injuries on or outside of our premises, and you hereby promise never to assert or assist any other party in asserting, any claims or causes of action against any Company Party in any matter that in any way relates to any Claims.
By participating in any Programs, you agree and acknowledge that you have read and fully understand the above important information, warning of risks, authorizations, assumption of risk, and waiver and general release of all claims.
Right To Use Images and Video.
In addition, because we intend to capture the Programs on video, audio and still images for broadcast across the internet, by participating in Program, you grant us permission to use some or all of your name, profile information, visual likeness, voice recording, graphics, photographs or other artwork and any other information you provide to us or our employees or agents (such as instructors) in one or more of our content, products and advertising, in any form or format now known or hereafter created, and distributed or made available throughout the world in perpetuity, without compensation to or further approval from you.
If you do not want your information or likeness to be captured, published or broadcast for such uses, then you must choose not to participate in our Program whether in person or online.
You understand and agree that we shall be the exclusive owner of its products, content and advertising, including those containing your images and likeness, and that you are not entitled to any compensation for such use.
Acknowledgement and Understanding.
Last Updated: September 26, 2022