PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS, BEFORE USING THIS WEBSITE AND ANY G60FIT INSTORE SERVICE. BY ACCESSING OR USING G60FIT SERVICES, YOU (“USER”) AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS. IF YOU DISAGREE WITH ANY OF THE FOLLOWING TERMS OR CONDITIONS, PLEASE DO NOT USE THE SERVICES
G60FIT, LLC OWNS AND OPERATES THE SERVICES ON THIS WEBSITE AND INSTORE LOCATIONS. G60FIT RESERVES THE RIGHT TO CHANGE ANY TERMS OR CONDITIONS WITHOUT NOTICE, EFFECTIVE UPON THEIR POSTING. G60FIT OR ITS SERVICE PROVIDERS, PARENTS, AFFILIATES AND BUSINESS ASSOCIATES MAY IMPOSE LIMITS ON CERTAIN FEATURES AND SERVICES OR RESTRICT YOUR ACCESS TO PARTS OR ALL OF THE SERVICES WITHOUT NOTICE OR LIABILITY; G60FIT MAY ALSO TERMINATE YOUR USE OF THE SERVICES AT ANY TIME IN ITS SOLE DISCRETION.
Enrollment and Agreement of Release and Liability
I agree to the following:
I am participating in G60fit services that may offer fitness classes / program, personal training, and workshops offered by G60fit during which I will receive information, education, and instruction about health and fitness. I recognize this fitness program requires physical exertion that may be strenuous and may cause physical injury, and I am fully aware of the risks and hazards involved. I understand that it is my responsibility to consult with a physician prior to and regarding my participation with G60fit. I represent and warrant that I have no medical condition that would prevent my full participation in G60fit. In consideration of participating in G60fit, I agree to assume full responsibility for any risks, injuries or
damages, known or unknown, which might incur as a result of participating in G60fit. In consideration of participating in G60fit, I knowingly, voluntarily and expressly waive any claim I may have against G60fit for injury or damages or death that I may sustain as a result of participating in G60fit.
I, my heirs and legal representatives forever release waive, discharge and agree not to sue G60fit for any injury or death caused by negligence on any part of the staff, program and any other acts. I acknowledge and agree that my G60fit membership is not transferable or assignable to another time period. I acknowledge that payment is required to be paid in full in advance of the training program. I understand I am purchasing the services G60fit offers and are not refundable for any reason.
I have read the above release and waiver of liability and understand its contents. I voluntarily agree to all of the terms and conditions stated above. I agree that I am legally bound by the contents of this agreement.
Authority to Treat
I give the instructors, staff and responsible adults the power to authorize medical or other treatment for myself. I, the undersigned, give the instructors, staff and responsible adults the power to authorize medical or other treatment for myself. Treatment may be made without regard to whether I or any parent, guardian or adult responsible has been contacted or has consented to the specific treatment. This authority begins on the date of registration and continues indefinitely. By giving my authorization, I assume responsibilities for all decisions made, provided they are reasonable decisions under the circumstances based upon the knowledge and understanding of the person making the decisions, I trust their judgment and offer the benefit of the doubt to them in any claim or legal proceeding. This presumption may only be overcome by clear and convincing evidence
that they acted with malice or willful gross negligence, and if so, they may still be liable.
Advisory of Rights and Responsibilities
Safety is not the sole responsibility of the instructors and staff. Everyone at G60fit is responsible for their own safety and the safety of those around them. I understand that I am responsible for monitoring my individual physical performance during any activity and will make adjustments for my
personal safety and health. All participants have the right and responsibility to excuse themselves from any exercise at anytime. If an instructor or
coach gives an instruction that is unsafe, it is the participant’s responsibility to inform the instructor that the skill may be unsafe. All participants have the right to call a stop to any training exercise. The instructor will routinely excuse the participant from unsafe exercises. The instructor may ask for an explanation, and the participant is expected to provide one. All participants have a responsibility to train and conduct themselves in a manner that helps all participants and instructors remain safe. Participants must provide those who are training enough room to avoid interfering and avoid being accidentally struck by someone else practicing. In the event of an injury, participants are encouraged to stop what they are doing and inform the instructor or any staff member. In the event of an injury, participants have the right and responsibility to evaluate the extent of harm, stopping what they are doing even if it includes a partner, and determining if it is safe to continue. Unless a participant is certain that further practice will not create or worsen a problem, all participants are encouraged to stop what they are doing and inform an instructor. In the event of a serious injury or appearance of a serious injury, all participants, instructors, staff and visitors have the right to call a stop to a particular training exercise. If a participant notes an unsafe training situation, which may include a participant performing a skill incorrectly, a participant not being careful about others, a defect in a piece of training equipment, a potentially dangerous obstacle or condition on the floor or anything else that may cause or lead to harm of participants, instructors, staff, visitors or guests, then the participant is expected to correct the situation if within his/her ability or notify an instructor or staff member immediately. If something is simple to correct, such as items left on the floor, the participant should correct the situation. If the situation may require the authority of the instructor or staff, or if it is not a simple matter, then an instructor or staff member should be notified immediately.
Assumption of Risk
Fitness kickboxing, kettlebell training, resistance training, SURFSET® fitness, and physical fitness testing are potentially dangerous activities. Bumps, bruises, scrapes, scratches and soreness are usual and most participants will come across these injuries from time to time in their training. Additionally, physiological changes may occur, such as abnormal heartbeats, abnormal blood pressure, increased heart rate and respiration’s. More serious injuries are possible, including sprains, twists, cramps, sudden pain, fractured bones, broken bones, torn ligaments and injuries of similar extent. There is remote possibility of crippling or death, although this is certainly not expected in these fitness classes. I understand the above statement of risk, and I understand the rights and responsibilities of participants. I assume responsibility of my own safety and the safety of my child. Even if the instructor or staff has informed that no serious injuries have ever happened in this school or establishment or with any of the instructors, I understand that this does not mean that there is no possibility of harm. I accept the risks involved with fitness kickboxing,
kettlebell training, resistance training, SURFSET® fitness, and physical fitness testing. By assuming this risk, I completely release all instructors, staff, guests, participants, landlords, management companies and any and all other parties of liability for my harm, unless intentionally caused in criminal conduct.
I give informed consent to engage in a series of procedures relative to completing a written healthy history, taking a series of exercise tests, and
participating in a variety of physical activities. I understand the purpose of the testing is to determine my physical fitness, cardiovascular function
and health status. In the event of a medical problem, I recognize that any medical care that may be required is my personal financial responsibility.
NOTICE AND CONSENT TO INSTRUCTORS
Classes may be taught by coaches, head coaches and any other qualified instructor. If an instructor is not available for a class, a guest instructor
may teach. I understand that I may not always have the same instructor or instructor I desire, but I will show respect to the instructor to whoever is
teaching. I understand that I have the responsibility for my own safety without regard to who is teaching the class. I specifically consent to any
instructor the coaches or staff feel are sufficiently qualified by any standards they set to teach the class. I understand and agree that the full force of these terms of agreement applies no matter who is teaching.
Consent to Physical Contact
I understand the nature of physical contact in fitness kickboxing, kettlebell training, SURFSET® fitness, and resistance bands training, and I understand that I have the right to immediately withdraw from any exercise in which the conduct of any party seems beyond the scope of training or makes me feel uncomfortable. I agree to conduct myself appropriately and will not take inappropriate advantage of the contact fitness kickboxing, resistance bands training, SURFSET® fitness, or kettlebell training allows.
Consent To Use Photographs
G60fit, LLC conducts contests, and awards prizes to participants for overall physical improvement and other factors. I authorize G60fit, LLC or its affiliates to take and use visual/audio images of me, including, but not limited to the photographs, digital images, drawings, renderings, sound or video recordings, audio clips or written descriptions. I agree that G60fit, LLC owns the images and all related rights. The images may be used in any manner, media or format including promotional and advertising, without limitation as to frequency or duration and without notifying me in advance.
Should any dispute arise between me, my child, or anyone acting on behalf of my child, regarding G60fit, LLC, then I agree that the dispute shall be
resolve in binding arbitration. Should a suite be filed in Court, I authorize the Court to order the case to binding arbitration.
If any clause, sentence, phrase or statement is found unenforceable or invalid by any Court of law, the remainder of the document shall remain
valid enforceable and invalid clause, sentence, phrase or statement shall be considered struck from the document.
This document is effective from the date of registration on G60fit.com with no expiration. The terms of this document are retroactive to the beginning of training and visiting the facility if this document was signed after that date. I have read this document entirely and understand the content of it. I agree to abide by the terms of it.
I agree not to bring any claim or suit against the school, instructors, staff, guests, landlord, or any other parties on behalf of my child for any injury or harm sustained by any event short of a criminal act, and then only the criminal shall be the subject of such a claim. I further agree that I will not cause to be brought, nor encourage a claim or suit. I also agree not to cooperate in the bringing of such a suit or claim except insofar as I may be legally required to do so. Finally, I shall indemnify the facility, owner, instructors, staff, guests, participants, and any and all additional defendants covered by this agreement for all judgments, costs, attorney fees and other expenses incurred as a result of a breach of this agreement.
Use of Services and Ownership of Intellectual Property Rights
All text, photographs, images, illustrations, artwork, audio and video clips, design, software, graphic material, trademarks, service marks and trade names, and all intellectual property rights in and to such items (hereinafter “Content”) constitute the sole and exclusive property of G60FIT or its subsidiaries, affiliates, licensors and content providers. The User is granted a personal, non-exclusive, non-assignable and non-transferable license to use the Content for non-commercial and personal, informational use only. The following acts are additionally prohibited without G60FIT’s prior written approval: copying of the Services or the Content or any portion, variations or derivatives thereof; reproduction, modification, creation of derivative works, display, performance, publication, distribution, dissemination, broadcast or circulation of any Content, in whole or in part (including without limitation, the display and distribution of the Content via a third party application or Web site); and disassembling, decompiling, reverse engineering or otherwise modifying the Content.
Additional User Conduct Guidelines
G60FIT requests that the User not impede or inhibit any other User from using and enjoying the Services. Therefore, in using the Services, you agree not to: disrupt or interfere with the security of, or otherwise abuse, the Services, system resources, accounts, servers or networks connected to or accessible through the Services or affiliate linked websites/services; upload, post, or otherwise transmit through or on the Services any viruses or other harmful, disruptive or destructive files; use or attempt to use another’s account, service or system, or link to another site, without authorization from G60FIT, or create or use a false identity on the Services; or transmit through or on the Services spam, chain letters, junk mail or other types of unsolicited mass e-mail to people or entities who have not agreed to be part of such mailings.
G60FIT reserves the right to remove any content that it in its sole discretion believes is infringing, defamatory, illegal or offensive, or otherwise as may be permitted under the Digital Millennium Copyright Act or other applicable law. Further, any unauthorized or prohibited use may additionally subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
USER EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT USER’S SOLE RISK. NEITHER G60FIT, ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS, SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE, WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY, SECURITY OR CONTENT OF ANY INFORMATION OR SERVICE CONTAINED IN OR PROVIDED THROUGH THE SERVICES.
THE SERVICES, ALL CONTENT AND INFORMATION PROVIDED THEREIN, AND ALL DOWNLOADABLE SOFTWARE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, AND ALL SUCH WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED AND EXPRESSLY NEGATED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY G60FIT, ANY OF ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS OR ANY SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS; LICENSORS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE. USER HEREBY ACKNOWLEDGES THAT G60FIT IS NOT RESPONSIBLE FOR ANY INTERCEPTED INFORMATION SENT VIA THE INTERNET, AND USER RELEASES G60FIT FROM ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE USE OF INTERCEPTED INFORMATION IN ANY UNAUTHORIZED MANNER.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL G60FIT, ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD PARTY INFORMATION PROVIDER, SERVICE PROVIDERS, LICENSOR, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, LOST PROFIT, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES THAT RESULT FROM OR ARE RELATED TO THE USE OF OR INABILITY TO USE THE SERVICES; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT OR DESTRUCTION.
The User agrees to indemnify, defend and hold harmless, G60FIT, its parents, affiliates, employees, agents, third party information providers, service providers, licensors or the like and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Services from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions by the User. G60FIT reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by User, in which event User will fully cooperate with G60FIT in asserting any available defenses.
Third Party Links and Sites
In order to identify third party sites or resources, the Services may make use of third party trademarks, images or branding. Usage of these items does not imply endorsement or certification by the third party. Logos and trademarks displayed within the Services are the property of their respective owners and are used in accordance with existing agreements between G60FIT and the third party or by usage guidelines and policies set forth by the third party.
These Terms and Conditions of Use shall be governed by, construed and enforced in accordance with the laws of the State of California and the federal laws of the United States of America. Users agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within the State of California for any disputes arising from or related to the Services or these Terms and Conditions of Use. These Terms and Conditions are not intended to alter the terms or conditions of any other agreement you may have with G60FIT or its affiliates, parents, service providers or business associates to the extent that those agreements govern issues other than your use of the Services. Should any provision in these Terms and Conditions be found invalid or unenforceable for any reason, that provision shall be deemed severable from the terms and shall not affect validity or enforceability of the remaining provisions. These Terms and Conditions may not be altered by action, inaction or course of dealing between the parties. These Terms and Conditions may only be altered by (a) prior written mutual agreement between G60FIT and User; or (b) G60FIT posting revisions on the Services. Failure by G60FIT to object to a User’s behavior, conduct or action does not constitute a consent, ratification or waiver of objection.
If you have any questions or concerns about our Terms and Conditions of Use, please send us a message on our contact page.