This document is a release of claims. By purchasing this item, you acknowledge and agree that:
- You willingly participate in the U-JAM Fitness® Event at your own risk.
- You have no physical or mental restrictions, disabilities or any predispositions to sickness or injury that may be aggravated or adversely affected as a result of your participation in the Event.
- You understand and acknowledge that the foregoing risks include, but are not necessarily limited to muscle strains, sprains, or fatigue, fractured or broken bones or other orthopedic injuries, other muscular, neurological, orthopedic or other bodily injuries, stroke or other cerebral vascular incident or occurrence, heart attack or other cardiovascular incident or occurrence, mental, physiological, motor, visual or hearing injuries, deficiencies, or disturbances, partial or total paralysis, slips, falls or other unintended loss of balance or bodily movement, heat stress, torn muscles, tendons, or ligaments, pinched nerves, pinched body parts and other forms of bodily injury impairment, disability or even death. You understand and realize that your participation in various U-JAM Fitness®, hereinafter referred to “U-JAM”, activities or programs involve risk of injury, impairment, disability, disfigurement and even death, but knowing, realizing and appreciating these risks, you desire to participate in various U-JAM activities.
- You take full responsibility for any injury, loss or damage to your person/property that may arise directly or indirectly from your participation in the Event.
- You will not seek to penalize, prosecute or claim compensation from U-JAM Fitness®, its officers, directors, employees, partners, contractors, sponsors, presenters, volunteers, or other participants in the Event from any and all claims from any liability for personal injury or death, including the loss of services, which may be sustained by you on account of, arising out of, or while engaged in any U-JAM activities, or while using any U-JAM host facility at any time hereafter. Your prospective waiver and release shall apply to all claims, demands or causes of action including those that may arise out of the active/passive negligence of those hereby released. The undersigned and U-JAM agree that this provision shall not apply to any acts or omissions of gross negligence, intentional, wanton, or willful misconduct or criminal activity by any of those hereby released.
- You further agree to indemnify and hold U-JAM and all of those released hereby absolutely harmless from any and all claims, demands, damages, suits or causes of action, including all fess (including attorney fees), costs, or expenses related thereto, that are instituted either by yourself or by any of your heirs, executors or administrators, or by your spouse, or dependents related in any way whatsoever to my use of the U-JAM facilities or arising out of your participation in any U-JAM programs or activities.
- You acknowledge and agree that U-JAM is not responsible for lost or stolen articles. You further acknowledge that you should keep any valuables with you at all times while using U-JAM host facilities. You acknowledge that storage space or lockers do not always protect valuables. Consequently, by executing this form, you agree to assume all responsibility for your own property and to insure that property against any risk of loss as you see fit. By the execution hereof, you expressly and knowingly agree to forego, waive, release and prospectively give up any right to institute any claim or action against U-JAM or any of its personnel related to any lost or stolen property, including property lost or stolen due to the negligent act or omission of U-JAM and/or its officers, directors, agents, volunteers, employees or others.
You agree to indemnify and save U-JAM and all of its personnel harmless from any action, claim, suit or U-JAM Fitness® Event Informed Consent Form subrogated claim or suit instituted at any time hereafter against U-JAM and/or its officers, directors, employees or agents related to the theft or loss of my property at a U-JAM host facility. You agree that U-JAM shall be indemnified by yourself for all costs, expenses, fees, including attorney fees, incurred by U-JAM or its personnel by reason of any such action. The undersigned and U-JAM agree that this provision shall not apply to any acts or omissions of gross negligence, intentional, wanton, or willful misconduct or criminal activity by any of those hereby released.
U-JAM Fitness® may videotape or audiotape part, or all, of the Event. In addition, it is possible that you will be filmed, photographed or recorded. By purchasing this item, you acknowledge and agree that:
- U-JAM Fitness® may film, photograph or record you during the Event.
- You give U-JAM Fitness® an unrestricted, worldwide, royalty-free license to use your name, image and likeness in connection with the Program and the advertising or promotion by U-JAM Fitness® or its partners of any video, film or other media in which the Program is used. You hereby waive any right you may have to inspect or approve the finished product or products and the advertising copy or other matter that may be used in connection therewith or the use to which it may be applied.
- No refund will be given if there is a cancellation within 14 days of the scheduled training, regardless of the circumstance.
- There will be a processing fee of $50 if a cancellation occurs more than 14 days in advance of the scheduled training, regardless of the circumstance.
- Cancelling a PhunkJam will result in a $10 processing fee, regardless of the circumstance.
- Rescheduling a training or PhunkJam with me will result in no additional fees.