General Assumption of Risk & Limitation of liability
By signing this contract, enrolling online, and/or attending classes, events, activities, and other programs of Conbody whether online or in a Conbody facility or using Conbody equipment, you hereby acknowledge and agree, on behalf of yourself, your heirs, personal representatives and/or assigns (collectively “you” and/or “yourself”), that (a) there are certain inherent risks and dangers in the strenuous nature of the Conbody workout program (b) you have voluntarily chosen to participate in an intense physical exercise program, (c) Conbody strongly recommends that you consult with your physician prior to commencing any classes; (d) you have been fully informed of the strenuous nature of this exercise program and the possibility of adverse physiological occurrences including, but not limited to: abnormal blood pressure, fainting, heart attack or death; and (e) you assume all risk for your health and well-being, and fully release and hold harmless for any responsibility, cost or damages Conbody, its instructors, members and employees for any injury, harm or loss you may suffer, including death, as a result of participation in any Conbody activities.
If you are enrolling a minor (15-18) years of age, or older if applicable in the minor’s state of residence, the above release applies equally to said minor. No one under 15 years of age may participate. A minor 15-18 years of age may participate only with a parent or legal guardian present.
By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the “Classes and Facilities”) of Conbody Inc. and its subsidiaries (collectively, “Conbody”), you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in Conbody classes and exercise equipment in association with the Classes and Facilities. You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death. At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to me by staff. If in the subjective opinion of the Conbody staff, you would be at physical risk participating in Conbody Classes, you understand and agree that you may be denied access to the Classes and Facilities until you furnish Conbody with an opinion letter from your medical doctor, at my sole cost and expense, specifically addressing Conbody's concerns and stating that Conbody's concerns are unfounded. In consideration of being allowed to participate in and access the Classes and Facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Classes and Facilities, (2) release, indemnify, and hold harmless Conbody, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or use of the Facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of Conbody's Classes and Facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using Conbody's Classes and Facilities, and should not be participating in any Classes.
You have read this Assumption of Risk, Waiver, and Release Agreement, fully understand its terms, and understand that I am giving up substantial rights including my right to sue Conbody under certain circumstances. you acknowledge that you are signing this waiver freely and voluntarily. The term of this waiver is indefinite.
VALUABLES AND PERSONAL PROPERTY: Clients acknowledge that they have been urged to avoid bringing valuables into and onto the Facilities and that Conbody shall not be liable for the loss of, theft of, or damage to personal property, including items left in lockers, bathrooms, studios, or anywhere else in the Facilities. Clients acknowledge that no portion of any fees paid by them is in consideration for the safeguarding of valuables.
ETIQUETTE: Conbody reserves the right to deny access to any person Conbody deems to be acting in an inappropriate or unsafe manner.
You agree to the following:
(a) That you are voluntarily participating in the classes offered by Conbody. You recognize that the classes require physical exertion that may be strenuous and may cause physical injury, and I am fully aware of the risks and hazards involved. You understand that it is my responsibility to consult with a physician prior to and regarding my participation in the classes. You represent and warrant that you are physically fit and you have no medical condition that would prevent my full participation in the classes. In consideration of being permitted to participate in classes, you agree to assume full responsibility for any risks, injuries or damages, known or unknown, which you might incur as a result of participating in the classes.
(b) In further consideration of being permitted to participate in classes, you knowingly, voluntarily and expressly waive any claim you may have against Conbody and all of its related businesses, agents, employees, directors and officers (collectively, “Conbody”) for injury or damage that I may sustain as a result of participating in the classes. You, my heirs or legal representatives forever release waive, discharge and covenant not to sue Conbody for any injury or death caused by their negligence or other acts.
You have read the above release and waiver of liability and fully understand its contents. You voluntarily agree to the terms and conditions stated above.
Special Limitation of Liability During the Coronavirus/COVID 19 Pandemic
Conbody takes the coronavirus pandemic very seriously and has put in place preventative measures to help reduce the spread of COVID-19; however, Conbody cannot guarantee that you, your family, or your guests will not become infected with COVID-19. It is possible that attending classes, events and activities at Conbody may place you in close physical contact with other members, attendees and staff and could increase the risk that you, your family members, and/or your guests contract COVID-19. You acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you, your family members and/or your guests may be exposed to or infected by COVID-19 at Conbody studio and that such exposure or infection could result in personal injury, illness, permanent disability, and death. You understand the risk of becoming exposed to or infected by COVID-19 at Conbody may result from the actions, omissions, or negligence of yourself or others, including, but not limited to, Conbody employees, members, and attendees.
By signing this document, enrolling online, and/or attending in person classes, events, activities, and other programs and/or entering the Conbody studio facilities and using equipment, you voluntarily agree, on behalf of yourself, your heirs, personal representatives and/or assigns, and any minor child you may enroll: (a) to assume all of the foregoing risks and accept sole responsibility for any injury, illness, damage, loss, claim, liability, or expense, of any kind (including, but not limited to, personal injury, disability, and death) that may occur to you or your family members in connection with attendance at Conbody or as a result of participation in Conbody programs (“Claims”); and (b) covenant not to sue, Conbody, its instructors, clients, and employees, from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto, based on the actions, omissions, or negligence of Conbody, its instructors, members, and employees, whether a COVID-19 infection occurs before, during, or after attending Conbody studio facilities or participating in any Conbody program.
You acknowledge and agree that any type of recording or transmission (video, audio, still photography, streaming, social media posting, etc.) of any Conbody classes or activities, whether in person or online, is strictly prohibited without the prior written consent of an authorized corporate officer of Conbody. This includes even temporary recording/transmission via services such as SnapChat, Facebook, or Instagram. For avoidance of doubt, individual Conbody instructors and locations are not authorized to provide such consent. Any violation of this policy is grounds for exclusion from participation in any Conbody activities. You further agree to indemnify, defend, and hold harmless Conbody, its officers, directors, employees, agents, and instructors, from and against any claims, lawsuits or other actions, and all resulting loss, damage or cost of any kind (including reasonable attorneys’ fees), resulting from your violation of this policy.
Conbody disapproves of any unwelcomed, inappropriate and/or offensive conduct by its personnel or its members. If you believe you have been subject to unwelcomed, inappropriate, and/or offensive conduct by any Conbody personnel, including while participating in a Conbody At-Home Individual or Group Class, at a Conbody studio, or any other Conbody-related context, we encourage you to clearly and promptly tell the person engaging in the conduct that is unwelcomed and offensive (if you are comfortable doing so). We also ask that you promptly notify a member of client experience Team at email@example.com. When making a report or complaint, we strongly recommend that you provide as much specific information as possible in writing, including the following regarding each alleged incident: date, time, place (specify studio location or time/type of virtual class), names of any witnesses, what was said or done, and any other relevant surrounding facts/circumstances.
Conbody will strive to appropriately investigate any reported incidents and seek to provide due process for all parties. Conbody’s responsive actions, however, cannot be known in advance, since they will vary depending upon the nature of the allegations. Conbody strives to maintain confidentiality throughout the investigative process to the extent practicable. However, our duty to investigate and take corrective action as appropriate may require the disclosure of certain information, and therefore confidentiality cannot be guaranteed.
Any disputes or complaints not resolved via this complaint process will be subject to the Arbitration of Disputes Agreement below.
ARBITRATION OF DISPUTES AGREEMENT
Please Read the Following Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
If you and Conbody do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the immediately preceding paragraph, then either party may initiate binding arbitration. All claims arising out of or relating to your use of the Services (including the formation, performance and breach of arbitration agreement), your and our relationship and/or your use of the Services shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) Employment Arbitration Rules and Mediation Procedure (“AAA Rules”), excluding any rules or procedures governing or permitting class actions.
Each party will have the right to use legal counsel in connection with arbitration at its own expense. You and Conbody shall select a single neutral arbitrator in accordance with the AAA Rules. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this arbitration agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on you and us and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this arbitration agreement and all other agreements between you and Conbody shall be subject to the Federal Arbitration Act.
If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), Conbody will pay the additional cost. Updated copies of the rules are available for review from the AAA’s website ( www.adr.org). If Conbody is required to pay the additional cost of the filing fees, you should submit a request for payment of fees to AAA along with your form for initiating the arbitration, and Conbody will arrange to pay all necessary fees directly to AAA. Conbody will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to AAA. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration.
You and Conbody understand that, absent this mandatory provision, you and Conbody would have the right to sue in court and have a jury trial. You and Conbody further understand that the right to discovery may be more limited in arbitration than in court.
Class Action and Class Arbitration Waiver. You and Conbody each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class, collective, or representative (“Class”) action, and you and Conbody each expressly waive our respective right to file a Class action or seek relief on a Class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a Class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and you and Conbody shall be deemed to have not agreed to arbitrate disputes.
Exception – California Private Attorneys General Act (PAGA) Action. Notwithstanding your and our agreement to resolve all disputes through arbitration, either you or we may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act.
Exception – Small Claims Court Claims. Notwithstanding your and Conbody’s agreement to resolve all disputes through arbitration, either you or Conbody may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
Exclusive Venue for Litigation and Governing Law. To the extent that the arbitration provisions set forth above do not apply or if you have opted out of arbitration, you and Conbody expressly consent that any litigation between you and us shall be filed exclusively in state or federal courts located in and governed by the laws of the State in which the dispute arose (except for small claims court actions which may be brought in the county where you reside) or, if in connection with Conbody At Home, the state in which the class was taught, without giving effect to any principles of conflicts of law. In the event of litigation, you and Conbody agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.