Terms of Service.
RELEASE AND WAIVER OF LIABILITY; ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
By electronically signing or otherwise electronically accepting and agreeing to this Release and Waiver of Liability (this “Release”), you expressly acknowledge that the use of the facilities of Be Here Now LLC, and/or its subsidiaries and affiliates (collectively, “Be Here Now”), or its online classes may involve strength, flexibility, aerobic, cardio and/or other exercises, including the use of equipment, all of which can be potentially hazardous activities that naturally involve the risk of injury to you, whether you or someone else cause it. You hereby agree that you understand and voluntarily accept this risk for both in person or online classes. In addition, you represent that you are in good health and have no impairment, injury, disease or ailment that would prevent you from safely engaging in active or passive exercise or which would cause increased risk of injury or adverse health consequences as a result of engaging in active or passive exercise.
You hereby acknowledge and agree that Be Here Now will not be liable for any injury, including, without limitation, personal, bodily or mental injury, economic loss or any damage to you, your spouse or partner, guest, unborn child or relatives resulting from the negligence of Be Here Now, teachers at Be Here Now, Be Here Now Online instruction, or anyone providing services on Be Here Now's behalf or anyone else using Be Here Now’s facilities and you release Be Here Now from any liability related to any such injury. All sessions, classes, use of Be Here Now’s studio facilities, use of Be Here Now’s studio-provided equipment (whether during a class or otherwise), use of any apparatus located within a Be Here Now facility or use of any other Be Here Now service (in person or online) shall be at your sole risk. You understand that the decision to use any equipment or apparatus, or the selection of programs, methods and types of equipment, attendance of classes either in person or online, shall be solely your responsibility and Be Here Now shall not be liable to you for any claims, demands, damages or causes of actions due to injury or illness to you or your property arising out of or in connection with your use of the services or facilities of Be Here Now regardless of whether the injury or damages were caused by the negligence of Be Here Now, its employees or its agents.
This Release specifically applies to claims of negligent instruction and/or supervision that may arise as a result of injuries sustained during classes or individual training sessions either in person or virtual. You acknowledge that you have willingly chosen to engage in activities which may have known risks to your health and that Be Here Now cannot guarantee the health or condition of other attendees, employees, or contractors. Although Be Here Now instructors may provide guidance during a class or individual session, it is your sole responsibility to discontinue participation in any activity you feel is beyond your capability to safely perform and Be Here Now will not be responsible for any injuries or damages arising from your engagement in any activities at any Be Here Now studio or in any online class video regardless of whether they were caused by the negligence of Be Here Now, its instructors, employees, or its agents. You acknowledge and agree that this Release applies to any and all incidents occurring on any Be Here Now owned, operated or controlled premises, including slip or trip and fall incidents, regardless of the cause. You further acknowledge and agree that Be Here Now is not liable and does not assume responsibility for any claims, losses, damages, costs or expenses arising out of any inconvenience, loss of enjoyment, upset, disappointment, distress or frustration, whether physical or mental, resulting from any act or omission of Be Here Now or any other party. The scope of this Release specifically includes any and all injuries sustained on the premises of any Be Here Now facility and during any event or program organized or operated by Be Here Now away from its facilities, including, without limitation, in your home, at parks, beaches, community centers and schools. You expressly acknowledge and agree that by electronically signing or otherwise electronically accepting and agreeing to this Release you are relinquishing all rights you may have to sue Be Here Now for injuries or illnesses arising out of the use of any Be Here Now facilities or its services (either in person or online).
Photo & Video Release.
Signature of this form grants permission to the rights of my image, likeness and sound of my voice as recorded on audio or video tape without payment or any other consideration. You understand that my image may be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the finished product wherein my likeness appears. You waive any right to royalties or other compensation arising or related to the use of my image or recording. Photographic, audio or video recordings may be used for, but not limited to, the following purposes:
Online classes
Educational materials
Informational presentations
Marketing, Advertising, and Social Media
By signing this release you give permission that photographic or video recordings of me may be electronically displayed via the Internet or print as associated with Be Here Now. There is no time limit on the validity of this release nor is there any geographic limitation on where these materials may be distributed.
Covid and Other Infectious Disease Assumption of Risk
Participation in this activity or any activities associated with Be Here Now is not required. You understand the risks of COVID-19 associated with entering any premises or facilities, and attending in-person classes and events. You voluntarily assume such risks, including the risk of serious illness, debilitating injury, or death. By signing below, you further acknowledge the risk of exposure to, contracting, or spreading COVID-19.
LOSS OR THEFT OF MEMBERS PROPERTY
Be Here Now is not responsible for lost or stolen articles. Members are encouraged to use the lockers available or otherwise keep valuables with you while at Be Here Now. Storage spaces are offered without any representation that they will be effective in protecting valuables.
GENERAL RULES
In addition to the rules listed herein, Be Here Now may, from time to time, post at the Be Here Now’s premises, or issue orally, additional rules that the members must obey for general safety reasons and mutually respectful use of the facilities.
ASSUMPTION OF RISK AND RELEASE
The use of the facilities at Be Here Now naturally involves the risk of injury to you or your guest, whether you or someone else cause it. As such, you understand and voluntarily accept this risk. You agree that Be Here Now will not be liable for any injury, including, without limitation, personal, bodily or mental injury, economic loss or any damage to you, your spouse or partner, guest, unborn child, or relatives resulting from the negligence of Be Here Now, anyone on the Be Here Now’s behalf or anyone using the Be Here Now’s facilities.
I understand that Be Here Now LLC is here to serve me by sharing knowledge of fitness and health and any related activities to promote exercise, wellness, and good health (“Fitness Activities”). In connection with my participation in the Fitness Activities, I understand, acknowledge and agree as follows:
Participation in the Fitness Activities is completely voluntary, and it is solely my decision to participate in such activities.
The practice of fitness and exercise involves physical movement and exercise which may from time to time be strenuous, and that such practice carries some risk of injury. I am qualified, in good health and in proper understanding of my physical condition to participate in the Fitness Activities at Be Here Now. I understand that I must judge my own capabilities with respect to practicing fitness and exercise at Be Here Now and will only participate in the appropriate level that are within my limits and capabilities. I acknowledge that it is my sole responsibility to confirm that there is no medical or other reason preventing me from participating in the Fitness Activities. If I am pregnant, I shall only participate in the Fitness Activities after I have discussed the potential risks with my obstetrician. I shall follow my obstetrician’s advice and instructions about whether and to what extent I can participate in the Fitness Activities. I agree that I (and my spouse/partner, heirs, and guardians) will hold Be Here Now harmless for any possible injury to myself, my spouse/partner, heirs, guardians and/or my child/fetus. If I believe any conditions are unsafe, I will immediately discontinue participation in the Fitness Activities.
It is my responsibility to inform the instructor/staff immediately if an injury occurs in connection with the Fitness Activities at Be Here Now.
That participation in Fitness Activities involves risks of serious bodily injury and possibly death, which may be caused by my own actions or inactions or those of others participating in the Fitness Activities. I am voluntarily participating in the Fitness Activities with full knowledge of the dangers involved and hereby agree to accept full responsibility for any/all injury or death, including without limitation, personal, bodily or mental injury, economic loss or any damage that I suffer resulting from the acts of anyone at, or acting on behalf of, Be Here Now.
As consideration for my being permitted to participate in the Fitness Activities, I (and my spouse/partner, heirs, guardians, and legal representatives) release Be Here Now, its parent companies, subsidiaries, affiliates and assigns and each of their predecessor and successor organizations and each of their current and former principals, instructors, partners, officers, directors, employees, insurers, agents and representatives and the owners/lessors of the premises wherein the Fitness Activities take place (“Releasees”) from any and all liability and claims for damages arising out of, relating to and/or by reason of my voluntary decision to participate in the Fitness Activities including the use of any equipment or the facilities. I further agree that, I (and my spouse/partner, heirs, guardians and legal representatives) will not make a claim against, sue, or attach the property of Be Here Now or Releasees for injury or damage resulting from the negligence, misconduct or other acts or omissions, howsoever caused, by any employee, agent, or contractor of Be Here Now as a result of my participation in the Fitness Activities. If I, or anyone acting on my behalf, make a claim against any of the Releasees, I will indemnify, save and hold harmless each of the Releasees from any loss, liability, damage or costs which may incur as a result of such claim.
In connection with my participation in the Fitness Activities, I agree to abide by any reasonable rules and policies of Be Here Now.
Be Here Now reserves the right to deny an individual’s participation in the Fitness Activities based upon legitimate reasons such as an individual’s failure to follow any specified
Assignment. This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Be Here Now without restriction.
WAIVER OF CLAIMS OF DEFECTIVE EQUIPMENT
You understand and acknowledge that Be Here Now does not manufacture any of the fitness or other equipment at its facilities, but purchases or leases equipment from third parties. As such, you understand and acknowledge that Be Here Now is providing solely recreational services and may not be held liable for defective products.
BE HERE NOW IS NOT LIABLE AND WILL NOT ASSUME RESPONSIBILITY FOR ANY CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES ARISING OUT OF INCONVENIENCE, LOSS OF ENJOYMENT, UPSET, DISAPPOINTMENT, DISTRESS OR FRUSTRATION, WHETHER PHYSICAL OR MENTAL, RESULTING FROM THE ACT OR OMISSION OF ANY PARTY OTHER THAN BE HERE NOW AND ITS EMPLOYEES.
DISPUTE RESOLUTION
Any controversy or claim arising out of or relating to this Agreement, brochures, or any other literature concerning the program, or the breach thereof, including without limitation any claim related to illness, injury, or death, shall be subject to the following conditions: 1) the dispute will be governed by Washington State law; 2) the parties agree that they will attempt in good faith to settle any and all disputes arising out of, under or in connection with this Agreement, including without limitation the validity, interpretation, performance and breach hereof, through a process of mediation in Washington State under the supervision of a mutually agreed upon mediator; 3) in the event that mediation fails to settle such a dispute, the parties agree that they will proceed to arbitration in Washington State using one arbitrator pursuant to the then existing rules of the American Arbitration Association; 4) the maximum amount of recovery to which a participant will be entitled under any and all circumstances will be the published tuition cost of the program with Be Here Now. This Agreement to arbitrate does not waive or modify any liability release agreed by the Student. Arbitration against Be Here Now must be commenced within one year following the date of vacation completion. Neither the Company nor any affiliate shall in any case be liable for other than compensatory damages, and you hereby waive any right to punitive damages.
This Agreement constitutes the entire agreement of the parties and no other agreement or understanding exists between Buyer and Be Here Now. Be Here Now has made no express or implied warranties or representations other than those expressly set forth in this Agreement to induce Buyer to enter into this Agreement.
Manual, handwritten, or oral changes to this Agreement are not valid. Only a written document entitled “Amendment to Membership Agreement” signed by both an authorized representative of Be Here Now and student may change this Agreement. Employees are not authorized to make any independent agreements with any Member.
If Be Here Now does not enforce any right in the Agreement for any reason, Be Here Now does not waive its right to enforce it later. Any conflict between the original Agreement and any copy of the original Agreement shall be controlled by the original Agreement.
If any provision of this Agreement is held unenforceable, it is the parties’ intention that said unenforceability not affect other provisions of this Agreement. This Release is intended to be interpreted as broadly as allowed under the law of the state where Be Here Now facility is located. By electronically signing or otherwise electronically accepting and agreeing to this Release you certify that you have carefully reviewed, fully understand and agree to the above.