Terms of Service
WAIVER AND RELEASE OF LIABILITY
WARNING: READ THIS CAREFULLY. THIS AGREEMENT RELEASES, ON A CONTINUING BASIS, SPLORE INNOVATIONS GROUP INC. AND ITS OFFICERS, DIRECTORS, COACHES, EMPLOYEES, STAFF, REPRESENTATIVES, AND AGENTS (“SPLORE”) FROM LIABILITY, WAIVES YOUR LEGAL RIGHTS, AND DEPRIVES YOU OF THE RIGHT TO SUE SPLORE. DO NOT MARK THE CHECK BOX FOR THIS AGREEMENT UNLESS YOU HAVE READ IT IN ITS ENTIRETY. SEEK LEGAL ADVICE IF IN DOUBT.
In exchange for SPLORE allowing me to participate in its workout programs and training classes, I, and on behalf of my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, hereby agree to, and make the following contractual and continuing (i.e., each and every time I am join a SPLORE online workout program and training class) representations and warranties, pursuant to this Participant’s Continuing Waiver and Release of Liability (“Waiver”):
- I hereby represent that:
- I am willingly and voluntarily participating in the SPLORE workout programs and training classes;
- I am in good health and in proper physical condition to participate in the SPLORE workout programs and training classes;
- I am not under the influence of alcohol or any illicit or prescription drugs which would in any way impair my ability to safely participate in the SPLORE workout programs and training classes;
- I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy to participate in the SPLORE workout programs and training classes;
- I am willingly and voluntarily assuming any risks, injuries or damages, known and unknown, which I might incur as a result of participating in the SPLORE workout programs and training classes, and agree that SPLORE will not have any liability for such injuries or damages, to the maximum extent allowed by applicable law;
- I hereby voluntarily release, forever discharge, and agree to indemnify, defend and hold harmless SPLORE, its officers, coaches, volunteers, staff, agents, owners, employees, sponsors, partners and all other persons or entities acting on or for SPLORE’s behalf and from any and all liability, claim/s, demand/s, or cause/s of action, damage/s, loss or expense (including court costs and attorney’s fees) of any kind or nature which may arise out of, result from, or relate to my participation in the SPLORE workout programs and training classes, including claims for any liability caused in whole or in part by the negligence of SPLORE;
- I hereby warrant that I have read this Waiver carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by marking off this agreement’s checkbox in Splore’s website, including those of my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, acknowledge that I have agreed to this Waiver freely and voluntarily, without any inducement, assurance or guarantee, and intend for my act of marking this agreement’s checkbox to serve as confirmation of my complete, continuing and unconditional acceptance of the terms, conditions and provisions of this Waiver. This Waiver represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Waiver. If any provision of this Waiver is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Waiver and shall not affect the validity and enforceability of any remaining provisions.