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Elevated Strength Training
The following is an important legal document. It explains the risks you are assuming by beginning the exercise program at or instructed by Motivate. It is critical that you read and understand it completely. Please read the following carefully, and check "I accept the terms and conditions" when you are ready to proceed.
LIABILITY WAIVER, NON-RECORDING,
ARBITRATION OF DISPUTES AGREEMENT
General Assumption of Risk & Limitation of Liability
By signing this contract, enrolling online, attending classes, events, activities, and/or other programs of Crave Fitness, LLC DBA Motivate , hereinafter referred to as “Motivate”, whether online, in a Motivate studio, or using Motivate’s equipment (collectively, Motivate’s “Services”), you hereby acknowledge and agree, on behalf of yourself, your heirs, personal representatives, and/or assigns (collectively “you” and/or “yourself”) that (a) there are certain inherent risks and dangers in the strenuous nature of the Motivate’s workout program, (b) you have voluntarily chosen to participate in an intense physical exercise program, (c) you understand that Motivate strongly recommends that you consult with your physician prior to commencing any workout regimen, (d) you have been fully informed of the strenuous nature of this exercise program and the possibility of adverse physiological occurrences including, but not limited to, abnormal blood pressure, fainting, heart attack, and/or death, and (e) you assume all risk for your health and well-being, and fully release and hold harmless for any responsibility, cost, or damages Motivate, its instructors, its members, and its employees for any injury, harm, or loss you may suffer, including death, as a result of participation in any Motivate Services.
If you are enrolling a minor (15-18) years of age, or older if applicable in the minor’s state of residence, the above release applies equally to said minor. No one under 15 years of age may participate. A minor 15-18 years of age may participate only with a parent or legal guardian present.
Special Limitation of Liability During the Coronavirus/COVID-19 Pandemic
Motivate takes the Coronavirus pandemic very seriously and has put in place preventative measures to help reduce the spread of COVID-19; however, Motivate cannot guarantee that you, your family, and/or your guests will not become infected with COVID-19. It is possible that attending classes, events, and/or activities at Motivate may place you in close physical contact with other members, attendees, and staff and could increase the risk that you, your family members, and/or your guests contract COVID-19. You acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you, your family members, and/or your guests may be exposed to or infected by COVID-19 at a Motivate studio and that such exposure or infection could result in personal injury, illness, permanent disability, and/or death. You understand that the risk of becoming exposed to or infected by COVID-19 at Motivate may result from the actions, omissions, or negligence of yourself or others, including, but not limited to, Motivate’s employees and members.
By signing this document, enrolling online, and/or attending in person classes, events, activities, and other programs and/or entering the Motivate studio facilities, to the extent allowed by applicable law, you voluntarily agree, on behalf of yourself, your heirs, personal representatives and/or assigns, and any minor child you may enroll: (a) to assume all of the foregoing risks related to COVID-19 and accept sole responsibility for any COVID-19 related injury, illness, damage, loss, claim, liability, or expense of any kind (including, but not limited to, personal injury, disability, and/or death) that may occur to you or your family members in connection with attendance at Motivate or as a result of participation in Motivate’s Services (“Claims”), and (b) covenant not to sue Motivate, its instructors, clients, and employees for the Claims, including all liabilities, claims, actions, damages, costs, or expenses of any kind arising out of or relating thereto based on the actions, omissions, or negligence of Motivate, its instructors, its members, and its employees, whether a COVID-19 infection occurs before, during, or after entering Motivate’s studio facilities or participating in any Motivate Services. You also acknowledge that some states do not allow waiver of certain types of risks so the above limitations may not all apply to you.
Non-Recording of Live Studio/Online Classes Agreement
You acknowledge and agree that any type of recording or transmission (video, audio, still photography, streaming, social media posting, etc.) of any live Motivate classes, whether in person or online, is strictly prohibited without the prior written consent of an authorized corporate officer of Motivate. Motivate’s studio teams and instructors are not authorized to provide consent. This includes even a temporary recording/transmission of a live Motivate online class via online platforms such as SnapChat, Facebook, or Instagram. You are, however, permitted to record and post lawful, non-offensive content related to your participation in a Motivate online or studio class before and/or after a class with the consent of each participant who is identified in your content.
Any violation of this policy is grounds for exclusion from future participation in any Motivate classes. You further agree to indemnify, defend, and hold harmless Motivate, its officers, directors, employees, agents, and instructors, from and against any claims, lawsuits or other actions, and all resulting loss, damage, or cost of any kind (including reasonable attorneys’ fees) resulting from your violation of this policy.
Motivate disapproves of any unwelcomed, inappropriate, and/or offensive conduct by its personnel or its members. If you believe you have been subject to unwelcomed, inappropriate, and/or offensive conduct by any Motivate personnel or any Motivate member, including while participating in a Motivate At-Home Individual or Group Class, at a Motivate studio, or any other Motivate-related context, we encourage you to clearly and promptly tell the person engaging in the conduct that the conduct is unwelcomed and offensive (if you are comfortable doing so). We also ask that you promptly notify a member of the studio team if the harassment takes place in a studio or email the Client Experience team at email@example.com if the harassment takes place digitally or if you feel more comfortable reporting the harassment by email.
When making a report or complaint, we strongly recommend that you provide as much specific information as possible in writing, including the following regarding each alleged incident: date, time, place (specify studio location or time/type of virtual class), names of any witnesses, what was said or done, and any other relevant surrounding facts/circumstances.
Motivate will strive to appropriately investigate any reported incidents and seek to provide due process for all parties. Motivate’s responsive actions, however, cannot be known in advance since they will vary depending upon the nature of the allegations and the outcome of the investigation. Motivate strives to maintain confidentiality throughout the investigative process to the extent practicable. However, our duty to investigate and take corrective action as appropriate may require the disclosure of certain information, and therefore, confidentiality cannot be guaranteed.
Any disputes or complaints not resolved via this complaint process will be subject to the Arbitration of Disputes Agreement below.
ARBITRATION OF DISPUTES AGREEMENT
Please Read the Following Carefully – It May Significantly Affect Your Legal Rights Including Your Right to File a Lawsuit in Court
If you and Motivate do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued over a dispute arising out of this agreement, either party may initiate binding arbitration. All claims arising out of or relating to your use of the Services (including the formation, performance, and breach of this arbitration agreement), your and our relationship and/or your use of the Services shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) Employment Arbitration Rules and Mediation Procedure (“AAA Rules”), excluding any rules or procedures governing or permitting class actions.
Each party will have the right to use legal counsel in connection with arbitration at its own expense. You and Motivate shall select a single neutral arbitrator in accordance with the AAA Rules. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on you and us, and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this arbitration agreement and all other agreements between you and Motivate shall be subject to the Federal Arbitration Act.
The current AAA rules governing arbitration may be accessed at https://www.adr.org/Employment. Updated copies of the rules are available for review from the AAA’s website at www.adr.org.
If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), Motivate will pay the additional cost. If Motivate is required to pay the additional cost of the filing fees, you should submit a request for payment of fees to AAA along with your form for initiating the arbitration, and Motivate will arrange to pay all necessary fees directly to AAA. Motivate will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel, and other out-of-pocket costs and expenses not constituting fees or amounts payable to AAA. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration.
You and Motivate understand that absent this mandatory provision, you and Motivate would have the right to sue in court and have a jury trial. You and Motivate further understand that the right to discovery may be more limited in arbitration than in court.
Attorney Fees. If either party becomes involved in litigation arising out of this contract or the performance thereof, the court in such litigation, or in a separate suit, shall award reasonable costs and expenses, including attorney fees to the party justly entitled thereto. In awarding attorney fees, the court will not be bound by any court fee schedule, but shall, if it is in the interest of justice to do so, award the full amount of costs, expenses and attorney fees paid or incurred in good faith.
Class Action and Class Arbitration Waiver. You and Motivate each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class, collective, or representative (“Class”) action, and you and Motivate each expressly waive our respective right to file a Class action or seek relief on a Class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a Class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and you and Motivate shall be deemed to have not agreed to arbitrate disputes.
Exception – California Private Attorneys General Act (PAGA) Action. Notwithstanding your and our agreement to resolve all disputes through arbitration, either you or we may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act.
Exception – Small Claims Court Claims. Notwithstanding your and Motivate’s agreement to resolve all disputes through arbitration, either you or Motivate may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
Exclusive Venue for Litigation and Governing Law. To the extent that the arbitration provisions set forth above do not apply or if you have opted out of arbitration, you and Motivate expressly consent that any litigation between you and us shall be filed exclusively in state or federal courts located in and governed by the laws of the State in which the dispute arose (except for small claims court actions which may be brought in the county where you reside) or, if in connection with Motivate At-Home, the state in which the class was taught, without giving effect to any principles of conflicts of law. In the event of litigation, you and Motivate agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.
GENERAL RULES AND POLICIES: I further agree (1) that all appointments must be confirmed which will be
done by way of email, (2) that classes will only be confirmed up to the amount of my prepaid sessions, (3) that bookings cannot be confirmed beyond a month in advance, (4) that classes are subject to change without prior notice, (5) that classes are nonrefundable and nontransferable, (6) that an 8 hour cancellation notice is required to avoid being charged for a confirmed class session (no exceptions) and that regular session members will lose that session and unlimited special members will be charged $25 for a no show (absence without an ONLINE cancellation); all fees will be charged to my credit card on file, (7) that instructors for classes are subject to change without notice and that I am paying for a class and not an instructor, (8) to refrain from wearing strong perfumes, lotions or oils at Motivate (9) to turn off my cell phone and other mobile handheld device(s) while at Motivate (10) to wipe down any equipment I use following my workout, and (11) that if my account has remained inactive for 30 days or more, that I am knowing, intentionally and voluntarily waiving my right to dispute any late charge that might have occurred while my account was active.
You must cancel online at least 8 hours in advance of the class you cannot attend to avoid penalty. For our members on any class package or membership that is NOT unlimited: LATE CANCEL One class is deducted; NO SHOW One class credit is deducted and $15 fee applies. For the "Unlimited" Monthly members: each LATE CANCEL will incur a $15 fee; each NO SHOW will incur a $25.00 fee.
For safety and hygiene, grip socks are required for all members - no exceptions.
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