C.G.M. Fitness WAIVER & RELEASE
BY using CGMFIT.COM AND/OR PARTICIPATING IN ANY RECORDINGS AND/OR LIVE CLASSES, EITHER ONLINE OR IN PERSON, YOU AGREE AND CONSENT TO BE BOUND BY ALL TERMS PRESENTED IN THIS WAIVER AND RELEASE.
C.G.M. Fitness requires that all participants follow safety rules and instructions that are designed to protect everyone’s safety. However, you acknowledge that there is an inherent risk of injury when choosing to participate in fitness activities.
You are solely responsible for determining whether you are physically and mentally fit and/or adequately skilled to participate in C.G.M. Fitness activities, recordings and/or classes and use your own equipment or equipment C.G.M. Fitness recommends. Risks from participating in activities and/or classes may be aggravated if you are pregnant, suffer from an underlying medical condition, take medication, smoke cigarettes, have a family history of coronary disease, or have recently suffered an illness, injury or impairment. Accordingly, it is your responsibility to consult a physician before undertaking any fitness activity. It is also your responsibility to determine, during your participation in recordings and/or classes, whether you should discontinue your participation in such activities or take any other actions to protect your health or safety.
RIGHT TO USE
In addition, because C.G.M. Fitness captures its indoor exercise classes on video, audio and still images for broadcast to members across the internet, by participating in an indoor exercise class you grant C.G.M. Fitness permission to use some or all of your name, profile information, visual likeness, voice recording, graphics, photographs or other artwork and any other information you provide to C.G.M. Fitness or its employees or agents (such as instructors) (for simplicity, these items will be referred to as “Materials”) in one or more of its content, products and advertising, in any form or format now known or hereafter created, and distributed or made available throughout the world in perpetuity, without compensation to or further approval from you. If you do not want the Materials to be captured, published or broadcast for such uses, then you must choose not to participate in an indoor exercise class On CGMFIT.COM
You understand and agree that C.G.M. Fitness shall be the exclusive owner of its products, content and advertising, including those containing the Materials, and that you are not entitled to any remuneration for such use.
Aerobic and other fitness activities such as indoor cycling, running, or jogging, plyometrics, yoga, Pilates, floor and barre exercises, passive/resistive weight training, use of stair machines, treadmills, rowing machines, free weights, and other training devices are intended to challenge and engage the physical, mental and emotional resources of the participant.
Despite careful and proper preparation, instruction, medical advice, and conditioning, participation in fitness activities involves a risk of serious injury. All hazards and dangers cannot be foreseen. Depending on the particular activity, certain risks, dangers and injuries due to overexertion, lack of hydration, improper technique, ignoring safety precautions, failing to properly follow instructions, slips and falls, unfamiliarity with the equipment and/or exercise, equipment failure, failure in supervision/instruction, premises defects and other risks inherent to the particular activity exist.
Nonetheless, you hereby agree to assume all risks of your participation in C.G.M. Fitness activities, recordings and/or classes, whether known or unknown to you.
Depending upon a person’s physical condition, age and/or skill level, fitness activities can involve a substantial risk of the following types of injuries, among others: (i) heart attack, stroke and circulatory problems, (ii) bone and joint injuries, (iii) back and neck injuries, (iv) shin splints, (v) muscle strain and other muscle injuries, (vi) foot problems, (vii) psychological injury, pain or suffering, (viii) disfigurement, (ix) temporary or permanent disability (including paralysis), (x) death or (xi) economic loss.
It is the responsibility of all participants to have a complete physical examination by a medical doctor prior to beginning any activity. If a participant has, or has a history of, any of the conditions listed in the “YOUR RESPONSIBILITY” section of this document, he/she should consult a physician before participating in any fitness activity.
WAIVER AND GENERAL RELEASE OF ALL CLAIMS AND ASSUMPTION OF RISK
You recognize and acknowledge that there are inherent risks of physical injury to participants in any fitness activities, including when using your own Equipment, and you voluntarily agree to assume the full risk of any and all injuries, damages or loss, regardless of severity, that you may sustain as a result of said participation. As a material inducement for C.G.M. Fitness to permit you to participate in recordings and/or classes, you hereby, on behalf of yourself, your heirs, executors and assigns, fully, forever and irrevocably waive, release and hold C.G.M. Fitness, its shareholders, directors, agents, representatives, employees, consultants, affiliated companies, partners, and successors harmless from any and all claims (including, to the extent permitted by applicable law, claims alleging negligence on behalf of any Area of C.G.M. Fitness), injuries, damages or loss (including legal fees), present or future, foreseen or unforeseen, anticipated or unanticipated (collectively “Claims”), that you may have (or that accrue to you) against C.G.M. Fitness , and generally release and discharge C.G.M. Fitness from any and all Claims, including but not limited to those involving: (i) participating in any supervised or unsupervised fitness activities, (ii) use of any fitness equipment, including Equiment C.G.M. Fitness recommends , (iii) any loss or theft of personal property, and (iv) accidental injuries, such as “slip and fall” injuries on or outside of where participant is exercising, and you hereby promise never to assert or assist any other party in asserting, any claims or causes of action against any Of C.G.M. Fitness in any matter that in any way relates to any Claims.
By participating in any fitness activities and/or visiting CGMFIT.COM, you agree and acknowledge that you have read and fully understand the above important information, warning of risk, authorization, assumption of risk, and waiver and general release of all claims.
In the event of any emergency, you authorize C.G.M. Fitness to secure from any accredited hospital and/or physician any treatment deemed necessary for your immediate care and agree that you will be solely and personally responsible for payment for any and all medical services rendered and for the cost of travel to and from the place of medical treatment.
I represent that: (i) I am at least 18 years old, (ii) where under 18 years old, I am at least 13 years old and have the permission of my parent or guardian to participate and I am accompanied by them at all times (iii) Iand (iv) I have no health-related conditions that could affect my participation in C.G.M. Fitness recordings , activities and/or classes. I have read and fully understand the above important information, warning of risk, authorization, assumption of risk, and waiver and general release and discharge of all claims.