REPRESENTATIONS. — By signing up for and/or attending any of PUREFITNESS INC’s classes, events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the “Classes and Facilities”), you represent that you are of legal age, or if, below eighteen (18), have received the consent of your parent / legal guardian to sign up; (2) are physically and psychologically fit to sign up for and / or attend and participate in the Classes and Facilities (3) have no medical or physical condition that would prevent you from properly participating in our Classes or using our Facilities; (4) have not been advised or instructed by a physician or other medical practitioner not to participate in any physical activity for any reason whatsoever (5) you have read, completely understood and voluntarily executed the Waiver and New Rider Waiver, and (6) you have read, completely understood and voluntarily executed and agree to be bound by the notices in documents signed by you in any form ( e.g. actual signature or initial, digital signature) You acknowledge that if you have any chronic disabilities or conditions, you are at risk in the training and in using our Facilities, and should not be participating in our Classes and Facilities.
You acknowledge that we shall not be responsible for any injury or accident that may occur during Classes, and agree to hold us free and harmless for any costs, expenses, or damages you incur in connection with or as a result of any injury or accident during Classes.
You know and understand that the activities may be strenuous. You should stop in the event of any discomfort, notify our instructor or staff, and consult your physician immediately.
WAIVER. — You acknowledge that there are certain inherent risks and dangers in indoor cycling 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. 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, among others.
You have read and thoroughly understand our safety instructions. At all times, you shall comply with all the terms, rules and verbal instructions given to you by us.
FREE AND HARMLESS. — 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; and 2) release, indemnify and hold harmless Purefitness Inc. / Electric Studio, and each of its respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns, 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 your sessions in our Classes and Facilities.
You expressly agree that your use of, or inability to use, the Service of our Facilities is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Purefitness Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Our liability shall be limited to the maximum extent permitted by law.