Sheruclassicworld FITNESS RELEASE OF LIABILITY, TERMS, CONDITIONS, AND DISCLAIMERS
- As a condition of membership in and/OR participation in any activities, programs, and camps presented by Sheruclassicworld, I acknowledge that I am participating in a fitness and nutrition program (the “Program”) utilizing the Sheruclassicworld Fitness Training System™. During my membership and participation in the Program, I will receive information and instruction about the Sheruclassicworld Fitness Training System™ which is a unique and specialized combination of clean nutrition, weight training, plyometric workouts, and cardiovascular training. Such information and instruction include online training programs supported by the Sheruclassicworld coaching staff of International Federation of BodyBuilding and Fitness (IFBB) professionals, as well as personal and group training programs offered year-round at Sheruclassicworld camps and academies hosted either at the Sheruclassicworld complex in Orlando, Florida or at any other venue or location whereby Sheruclassicworld Fitness hosts a training camp, seminar or promotion of any kind.
- I recognize that the Program requires physical exertion that may be strenuous and may cause physical injury, and I am fully aware of the risks and hazards involved in participating in such activities. I also recognize and am fully aware that the use of exercise equipment, whether or not at Sheruclassicworld club facilities or otherwise provided by Sheruclassicworld, may cause physical injury, and I am fully aware of the risks and hazards associated with using such equipment.
- I hereby acknowledge that my Sheruclassicworld membership, participation in the Program and any activities related to or presented by Sheruclassicworld Fitness, and/OR participation as a non-member in any individual camp or academy presented by Sheruclassicworld Fitness, which includes physical training and nutritional instruction, is voluntary. I understand that Sheruclassicworld has no control regarding whether or not, and how, I use the Program, how I perform the training exercises, or whether or not I follow the nutritional instructions and recommendations of Sheruclassicworld.
- I understand that it is my responsibility to consult with a physician prior to and regarding my participation in the Program and/OR participation in any individual camp or academy presented by Sheruclassicworld Fitness. I represent and warrant that I am physically fit, and I have no medical condition (including, without limitation, disability, impairment, drug use, or ailment) that would prevent my full participation in the Program. Sheruclassicworld will make no evaluation or recommendation as to whether or not I am medically fit for any nutritional program or exercise activity.
- In consideration of my membership in Sheruclassicworld and being permitted to participate in the Program and/OR participation as a non-member in any individual camp or academy presented by Sheruclassicworld Fitness, I hereby fully and completely indemnify and hold harmless, release, insure, defend, acquit, and forever discharge Sheruclassicworld Fitness, LLC, and its respective parent companies, subsidiaries, and affiliates, as well as any officers, directors, members, managers, contractors, coaches, and employees thereof (collectively, the “Releasees”), of and from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of actions, suits, rights, demands, costs, losses, debts, expenses and attorney’s fees, known or unknown, which I have, own, hold, claim to have, or will have, will own, will hold or may claim to have for any injury, loss, accident, damages or death which may occur to me while I am participating in the Program including my exercise training (whether or not directed by any coach of Sheruclassicworld), my use of any nutrition instructions or recommendations provided by Sheruclassicworld, and my use of any fitness equipment (whether or not provided by Sheruclassicworld). The foregoing includes my waiver and release of Sheruclassicworld Fitness, LLC and the other Releasees from any liability which is attributable to the negligence of Sheruclassicworld Fitness, LLC or any of the other Releasees.
- I, my heirs and legal representatives, forever release, waive, discharge and covenant not to sue Sheruclassicworld Fitness, LLC or any of the other Releasees for any injury, death, or other damages caused by the negligence of Sheruclassicworld or other acts or acts of any third party arising out of or related to the Program including any nutrition instructions or recommendations provided by Sheruclassicworld and the fitness equipment (whether or not provided by Sheruclassicworld).
I hereby acknowledge and fully understand the potential dangers incidental to engaging in sports and fitness training, general exercise activities, and changes in dieting and nutrition, including Sheruclassicworld Fitness Live and Sheruclassicworld Fitness Online Coaching that take place through the Sheruclassicworld Fitness website(s), including B-Transformed, B-Competitive, Sheruclassicworld Bootcamps, B-Crowned, B-Physique, Baby-Fit, Fit-Together, Sheruclassicworld VIP Live, and Sheruclassicworld Ultimate Competitor Weekend (collectively “Sheruclassicworld Training”), and that such activities require physical effort and exertion. Moreover, I acknowledge specifically as it relates to training for competitive bikini and competitive bodybuilding, there is an increased risk related to extreme training and dieting that may result in an increased occurrence of both short- or long-term bodily harm or injury, especially for participants with pre-existing health conditions. I further acknowledge and agree that (i) I am responsible for consulting my physician or other health care provider prior to enrolling and participating in Sheruclassicworld Training to determine whether participating in Sheruclassicworld Training is appropriate for me; (ii) I will not enroll in or participate in Sheruclassicworld Training if my physician or health care provider advises against it; and (iii) if I experience faintness, dizziness, pain or shortness of breath at any time during a Sheruclassicworld Training session that I will stop immediately and contact my physician or health care provider.
I acknowledge and understand that my participation in Sheruclassicworld Training could result in my exposure to bodily injury, illness, loss, or death, as well as property losses and/or damage to property. For and in consideration of Sheruclassicworld Fitness, LLC (“Sheruclassicworld”) permitting me to locate and enroll in virtual, online, and live Sheruclassicworld Training through the Sheruclassicworld Fitness websites, including B-Connected and the instructor teaching such Sheruclassicworld Training, which may include Sheruclassicworld VIP Coaches and Sheruclassicworld VIP Master Coaches (collectively “Coach”) permitting me to enroll and participate in Sheruclassicworld Training, and in recognition of the possible dangers to which I voluntarily subject myself by participating in the Sheruclassicworld Training and related activities, I HEREBY AGREE AS FOLLOWS:
- I acknowledge and understand that my participation in Sheruclassicworld Training could result in my exposure to bodily injury, illness, loss, or death, as well as property losses and/or damage to property. For and in consideration of Sheruclassicworld Fitness, LLC (“Sheruclassicworld”) permitting me to locate and enroll in virtual Sheruclassicworld Training through the Sheruclassicworld/B-Connected websites, and the Coach teaching such Sheruclassicworld Training permitting me to enroll and participate in the Sheruclassicworld Training, and in recognition of the possible dangers to which I voluntarily subject myself by participating in the Sheruclassicworld Training and related activities, I HEREBY AGREE AS FOLLOWS:
- I hereby voluntarily for myself, my spouse, assignees, heirs, guardians, or personal representatives, from the date of entry into this Waiver and Release, hold Sheruclassicworld and the Coach teaching the Sheruclassicworld Training which I enroll and participate in, as well as their agents, employees, officers, directors, spouses, assignees, heirs, guardians or personal representatives blameless and waive any and all rights and causes of action and associated costs for any accident, injury, illness or death, occasioned by my participation in the Sheruclassicworld Training unless caused by the negligence of Sheruclassicworld or the Coach, their agents, employees, officers, directors, spouses, assignees, heirs, guardians or personal representatives.
- In the event I am injured, I voluntarily agree to assume any financial obligation, either through personal health insurance, or through some other means, for any medical costs which I incur, and Sheruclassicworld and the Coach teaching the Sheruclassicworld Training assumes no responsibility for any medical expenses, injury, or personal damage suffered by me in connection with the use of any facilities or services in connection with the Sheruclassicworld Training unless caused by the negligence of Sheruclassicworld or the Coach, their agents, employees, officers, directors, spouses, assignees, heirs, guardians or personal representatives.
- I hereby voluntarily assume all risk of damage or loss to my property while participating in the Sheruclassicworld Training and relieve Sheruclassicworld and the Coach teaching the Sheruclassicworld Training from liability for any and all property damage or loss, unless caused by the negligence of Sheruclassicworld or the Coach, their agents, employees, officers, directors, spouses, assignees, heirs, guardians, or personal representatives.
You acknowledge and agree that by clicking on a “Sign-Up” button and signing up for an account on the Sheruclassicworld website, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by these terms. Pursuant to any applicable statutes, regulations, rules, ordinances, or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE Sheruclassicworld WEBSITE OR SERVICES OFFERED BY Sheruclassicworld. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
I have read the above Release and Waiver of Liability and fully understand its contents. I voluntarily agree to the terms and conditions stated above.
You agree that any claim, action, or lawsuit (collectively, “Action) arising out of the Terms and Conditions, products, and services provided in connection with Sheruclassicworld Fitness, LLC, its’ subsidiaries, assigns, officers, and employees must be filed and maintained exclusively in any court in Orange County, Florida having subject matter jurisdiction with the prevailing party being entitled to reasonable attorneys’ fees. You also hereby submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You agree that these Terms and Conditions, Services, and Products shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflict law.
AS Sheruclassicworld FITNESS, LLC AND ITS WEBSITES OR APPLICATIONS WILL EVOLVE OVER TIME, THERE MAY BE PERIODS OF TIME DURING WHICH CERTAIN BENEFITS AND FEATURES ARE MADE AVAILABLE ON A LIMITED BASIS TO A SELECT AUDIENCE. AVAILABILITY OF Sheruclassicworld FITNESS APPLICATIONS AND BENEFITS ARE SUBJECT TO CHANGE WITHOUT NOTICE. AT ANY TIME, WE MAY AMEND THESE TERMS (INCLUDING BY MODIFICATION, DELETION, AND/OR ADDITION OF ANY PORTION THEREOF). IF WE MAKE A MATERIAL AMENDMENT TO THESE TERMS, WE WILL NOTIFY YOU OF SUCH AMENDMENT BY SENDING YOU AN EMAIL TO THE LAST EMAIL ADDRESS ASSOCIATED WITH YOUR Sheruclassicworld FITNESS ACCOUNT, AND/OR BY POSTING NOTICE OF SUCH AMENDMENT ON THE SITE BY INCLUDING A NOTATION NEXT TO THE LINK TO THESE TERMS THAT STATES “UPDATED AS OF (APPLICABLE DATE).” ANY SUCH AMENDMENT TO THESE TERMS WILL BE EFFECTIVE AS OF THE DATE THE MODIFIED OR REPLACEMENT TERMS ARE POSTED TO THE SITE, AND SUCH MODIFIED OR REPLACEMENT TERMS WILL GOVERN YOUR USE OF THE SITE, ITS’ SERVICES, AND PRODUCTS.
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS “BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT Sheruclassicworld FITNESS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
FROM TIME TO TIME THERE MAY BE INFORMATION ON OUR SITE THAT CONTAINS TYPOGRAPHICAL ERRORS, INACCURACIES, OR OMISSIONS. WE MAY CORRECT ERRORS, INACCURACIES, OR OMISSIONS AND CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT NOTICE. WE APOLOGIZE FOR ANY INCONVENIENCE THIS MAY CAUSE YOU.