Hacker in Heels
EVENT TERMS AND CONDITIONS
ASSUMPTION OF RISK, WAIVER OF LIABILITY, INDEMNITY AGREEMENT AND CONSENT TO MEDICAL TREATMENT
PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY, AS IT AFFECTS YOUR FUTURE LEGAL RIGHTS.
The following must be carefully read and signed in consideration of being permitted to participate in Hacker in Heels events and programs (for any purpose), whether on a website hosted by Hacker in Heels or a third-party website such as facebook.com; use any training programs; participate in any one-on-one or group coaching, class, or personal training; participate in any workshop or challenge; attend any event; view any video; and/or purchase or take part in any future service or activity, whether now known or unknown (collectively “Activities”). As used in this Waiver, the term “Releasees” is defined to include the following: (i) Hacker in Heels, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors and assigns (collectively, “Host”); (ii) any Host volunteers; and (iii) Stacey Champagne and Maril Vernon.
NOTE TO MINORS: You acknowledge that your parent or guardian has reviewed, understood and agreed to the terms below.
NOTE TO PARENTS/GUARDIANS OF MINORS: You acknowledge that you have reviewed, understood and agreed to the terms of this Agreement (such terms being interpreted as if they applied both to you and your minor child/ward) and have the legal authority to enter into this Agreement on behalf of your minor child/ward.
(1) I understand that physical activity and exercise are inherently risky and dangerous activities. Inherent risks are risks that cannot be eliminated completely regardless of the care and precautions taken by Releasees.
(2) I am fully aware of the risks and hazards inherent in participating in Activities and I voluntarily, knowingly and freely assume all risks associated with participating in Activities, including, but not limited to, bruising, muscle strains, joint sprains, falls, injuries, illnesses, infections, paralysis and even death.
This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment (whether owned, operated, or provided to me by Releasees or otherwise), including injuries or damages arising out of the negligence of Releasees, whether active or passive, or any of Releasees’ affiliates, employees, coaches, agents, representatives, successors, and assigns. I agree that I am voluntarily participating in Activities and assume all risk of injury, illness, damage, or loss to me or my property that might result, whether arising out of the negligence of Releasees or otherwise.
(3) I represent and warrant to Releasees that I am able to safely participate in Activities and have no medical condition that would make my participation in Activities more hazardous. I acknowledge that I have had a physical examination and have been given a physician’s permission to participate, or that I have decided to participate in Activities without the approval of a physician.
(4) I consent to medical care and transportation in order to obtain treatment in the event of injury to me as Host, volunteers or medical professionals may deem appropriate and understand that this Waiver & Release extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury.
(5) I agree to observe and obey all posted rules and warnings, to follow any instructions or directions given by Host through its employees, coaches, representatives or agents and to abide by any decision of any Host staff or volunteers relative to my ability to safely participate in or attend Activities.
(6) I understand and agree that I am expected to exhibit appropriate behavior at all times while at Activities and to obey all local, state and federal civil and criminal laws while participating in or attending Activities. This includes, generally, respect for other people, equipment, facilities or property. Host may dismiss me, without refund, should my behavior endanger the safety of or negatively affect Activities or any person, facility or property.
(7) I agree not to consume alcohol prior to Activities that involve physical exercise or activity, or use any medicine or substance that will inhibit my mental or physical ability to safely participate in such Activities. If I choose to consume alcoholic beverages after such Activities, I will do so responsibly and only if I am over the age of twenty-one (21).
(8) I understand and agree that the Releasees are not responsible for any personal item or property that is lost, damaged or stolen at or during Activities.
(9) I consent to the use of my image in photographs, motion pictures or recordings, whether altered or unaltered, taken at Activities for use in Host advertising, marketing or promotion and I waive and release any right to compensation and/or damages with respect to the use, display, distribution or other publication of such photographs, motion pictures or recordings.
(10) I assign to Host all rights, title, and interest in any and all photographs, motion pictures, recordings or other records of Activities I may take or capture. Host grants to me a limited, non-exclusive right and license to use, for non-commercial purposes only, any and all photographs, motion pictures, recordings or other records of Activities I may take or capture.
(11) I understand and agree that all purchases for Activities or other goods or services of any kind are final and non-refundable.
(12) I acknowledge that Host owns, or has permission to use, all copyrights, trademarks, and other intellectual property rights in any written or online materials, workshops, or videos that may be used during Activities. Host hereby grants me permission to use these materials for my own personal use only. I agree not to copy, share, sell, or distribute any of these materials to anyone else.
(13) I indemnify and hold harmless the Releasees from any loss, liability, damage or cost they may incur due to my participation in Activities, whether or not caused by the active or passive negligence of the Releasees. I also agree to indemnify the Releasees from any and all third party claims caused in whole or in part by my negligent or intentional acts or omissions.
(14) I release, waive, discharge and covenant not to sue the Releasees from any and all liability to me, my personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with my (or my minor child’s/ward’s) attendance or participation in Activities, whether or not caused by the active or passive negligence of the Releasees.
This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) my use of any exercise equipment or facilities which may malfunction or break; (b) improper maintenance of any exercise equipment, premises or facilities; (c) negligent instruction or supervision, including but not limited to Activities; (d) negligent hiring, training, supervision, or retention of coaches, employees or volunteers; and/or (e) slipping or tripping and falling while on any portion of a premises or while traveling to or from Activities, including injuries resulting from Releasees’ or anyone else’s negligent inspection or maintenance of the facility or premises.
(15) I expressly acknowledge and agree that all rights under Section 1542 of the California Civil Code are expressly waived. That section 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.
(16) Force Majeure. Releasees shall not be deemed in breach of this Waiver if Releasees are unable to provide all of the Activities or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness or incapacity of Releasees or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Releasees’ control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, Releasees shall give notice to You of its inability to perform or of delay in completing the Activities and shall propose revisions to the schedule for completion of the Activities or other accommodations, or may terminate this Waiver.
(17) General Provisions. This Waiver will be governed by the laws of New Hampshire. You agree to submit to the jurisdiction and venue of the state and federal courts in or nearest to Londonderry, New Hampshire, and waive any defense of lack of personal jurisdiction or forum non conveniens. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision. The prevailing party in any dispute between the parties arising out of or related to this agreement, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.
You expressly agree that the Waiver is intended to be as broad and inclusive as permitted by the law of the State of New Hampshire. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees.
This is the entire agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations.
By registering for this event, you are providing the electronic equivalent of your signature and assert that you have read, understood and agreed to this entire document. If you do not agree with these Terms, do not participate in the Activities.
Updated on 24 February 2024