SHIFT WAIVER & RELEASE
Shift Experience Ltd. (“Shift,” “we,” “our,” or us”) 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 the Activities (as defined below).
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BY PARTICIPATING IN ANY ACTIVITIES, YOU AGREE AND CONSENT TO BE BOUND BY ALL TERMS PRESENTED IN THIS WAIVER AND RELEASE.
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YOUR RESPONSIBILITY
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You, and not Shift, are solely responsible for determining whether you are physically and mentally fit and/or adequately skilled to participate in any services, activities and/or classes offered by Shift (the “Activities”). Risks from participating in the Activities 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 any Activities, whether you should discontinue your participation in such activities or take any other actions to protect your health or safety.
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RISK FROM ENGAGING IN FITNESS ACTIVITIES
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Activities and other exercise and fitness activities using weights, machines 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 and bodily harm. Any such 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 and/or defects, 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 the Activities, 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) muscle strain and other muscle injuries, (v) psychological injury, pain or suffering, (vi) disfigurement, (vii) temporary or permanent disability (including paralysis), (viii) death or (ix) economic loss.
It is the responsibility of all participants to have a complete physical examination by a medical doctor prior to beginning any activity. You should consult a physician before participating the Arna Activities.
WAIVER AND GENERAL RELEASE OF ALL CLAIMS AND ASSUMPTION OF RISK
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You recognize and acknowledge that there are inherent risks of physical injury to participants in any fitness activities, including the Activities, and you voluntarily agree to assume the full risk of any and all injuries, illness, damages or loss, regardless of severity, that you may sustain as a result of said participation. As a material inducement for Shift to permit you to participate in the Activities, you hereby, on behalf of yourself, your heirs, executors and assigns, fully, forever and irrevocably waive, release and hold Shift, its shareholders, directors, agents, representatives, employees, consultants, affiliated companies, partners, and successors (collectively “Shift Parties”) harmless from any and all claims (including, to the extent permitted by applicable law, claims alleging negligence on behalf of any Shift Party), injuries, damages or loss (including legal fees), present or future, foreseen or unforeseen, anticipated or unanticipated (collectively “Damages”), that you may have (or that accrue to you) against any Shift Party, and generally release and discharge any of the Shift Parties from any and all Damages, including but not limited to, those involving: (i) participating in any supervised or unsupervised fitness activities, and (ii) use of any fitness equipment, (iii) any loss or theft of personal property, and (iv) accidental injuries, such as “slip and fall” injuries, and you hereby promise never to assert or assist any other party in asserting, any claims or causes of action against any Shift Party in any matter that in any way relates to any Damages.
Shift, and/or the Activities, may include, promote or otherwise communicate information related to wellness topics, such as mental health, illness, relationships, stress, personal growth, depression, therapy, etc., (collectively, the “Content”). You acknowledge and agree that the following warnings and disclaimers shall apply to all of the Content.
Shift, and the Shift Parties, are not to be perceived as, or relied upon, in any way as medical advice or mental health advice. The information provided through Shift is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, or any other licensed or registered health care professional. Do not use the Content in lieu of professional advice given by qualified medical or mental health professionals and do not disregard professional medical or mental health advice or delay seeking professional advice because of information you have obtained Shift.
RIGHT TO USE YOUR LIKENESS
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If you participate in the Activities hosted (whether indoors, outdoors, or in-person or online) by us, you hereby grant us permission to use some or all of your name, visual likeness, voice recording, graphics, photographs, video recordings or other materials and any other information you provide to Shift or its employees or agents (such as instructors) (collectively, “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 any Activities. You understand and agree that Shift 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.
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EMERGENCY AUTHORIZATION
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IN THE EVENT OF ANY EMERGENCY, YOU AUTHORIZE SHIFT 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.
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I REPRESENT THAT: (I) I AM AT LEAST 18 YEARS OLD, (II) I MEET ALL SHIFT’S GUIDELINES, REQUIREMENTS AND RESTRICTIONS (AS DISCLOSED BY SHIFT OR ANY OF ITS STAFF); AND (III) I HAVE NO HEALTH-RELATED CONDITIONS THAT COULD AFFECT MY PARTICIPATION IN ACTIVITIES.
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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 DAMAGES.