INSAND CLASS WAIVER AND RELEASE OF LIABILITY
READ BEFORE SIGNING
In consideration of being allowed to participate in any INSAND’s classes, related events, and activities, including, athletic training / therapy sessions, and personal training the undersigned acknowledges, appreciates, and agrees that:
1) Physical Condition: Always consult with your physician before participating in INSAND classes, physical activity, workout programs or other related events. I represent that I am in good physical condition and have no medical reason or impairment that might prevent me from participating in the activities of this program. Further, I agree to stop and consult my healthcare provider if I experience faintness, dizziness, pain, or shortness of breath at any time while participating in any INSAND classes, related event, or activity.
2) Assumption of Risk: I understand that the risk of injury from the activities involved in this program is significant, whether caused by myself or someone else. Specific risks vary from one activity to another and the risks range from minor injuries to major injuries, including catastrophic injuries such as severe illness, permanent paralysis, or death. While particular rules, equipment, and personal discipline may reduce this risk, the risk of serious injury does exist. I UNDERSTAND AND VOLUNTARILY ACCEPT AND ASSUME ALL SUCH RISKS, both known and unknown and agree that INSAND, its officers, directors, trainers and coaches, volunteers, agents and independent contractors will not be liable for any injury, including, without limitation, personal, bodily, or mental injury, economic loss or any damage to myself, my spouse, guests, unborn child, or relatives resulting from the negligence of INSAND or anyone on INSAND’S behalf or anyone else whether related to the activities or not. I agree to indemnify, defend and hold INSAND harmless against any liability, damages, defense costs, including attorneys’ fees, or from any other costs incurred in connection with claims for bodily injury, wrongful death or property damage caused by my own negligence or other wrongful acts or omissions. I further agree to hold harmless, defend and indemnify INSAND from all liability, damages, defense costs, including attorneys’ fees, or from any other costs incurred in connection with claims for bodily injury, wrongful death or property damage brought by myself, my guests, or minors, even if INSAND was negligent.
3) COVID-19: The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. It is believed that an individual can be infected with COVID-19 without their knowledge and be asymptomatic. INSAND has put in place preventative measures to reduce the spread of COVID-19. However, INSAND cannot guarantee that I or anyone else will not become infected with COVID-19, including my spouse, guests, unborn child, or relatives. Participation in an INSAND class, athletic sports program(s), related event, or activity, could increase the risk of contracting COVID-19. By signing this agreement, I ACKNOWLEDGE the contagious nature of COVID-19 and VOLUNTARILY ASSUME THE RISK that I may be exposed to or infected by COVID-19 by participating in a INSAND athletic sports program(s), related event, or activity, and that such exposure or infection may result in personal injury, illness, permanent disability, and death to myself, my spouse, guests, unborn child, or relatives. I understand that the risk of becoming exposed to or infected by COVID-19 at a INSAND athletic sports program(s), related event, or activity may result from the actions, omissions, or negligence of myself or others, including, but not limited to, INSAND trainers and coaches, volunteers, and program participants. I UNDERSTAND AND VOLUNTARILY ACCEPT AND ASSUME ALL the foregoing risks related to COVID-19 and accept sole responsibility for any injury or illness that may occur. Further, I UNDERSTAND AND AGREE that this release includes any Claims based on the actions, omissions, or negligence of INSAND, its trainers and coaches, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any INSAND classes, program(s), related event, or activity.
4) I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation.
5) I willingly agree to comply with the stated and customary terms and conditions for participation. If, however, I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately. I understand that the possession or consumption of alcoholic beverages or illegal substances is prohibited at all state, city & private events hosted by INSAND. I understand that by not following the rules of the game, or by playing while intoxicated, or if there is any suspicion of intoxication, I will not be allowed to play and will not receive a refund.
6) I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS INSAND their directors, officers, officials, agents, volunteers and/or trainers and coaches, other participants, sponsoring agencies (including Athletic Trainers), sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event (“RELEASEES”), WITH RESPECT TO ANY AND ALL INJURY, ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
7) Photo Release: I understand that there may be photos & videos taken while participating or being in close proximity to INSAND events. INSAND & sponsors have my permission to use these photos on their Facebook, website, social media sites, and other materials they feel necessary. I understand I can contact the company in writing if I would like a photo of myself removed within a reasonable amount of lead-time.
8) This Agreement shall be governed by and construed under the laws of the State of California, exclusive of choice of law provisions, and the State of California in the city of Huntington Beach shall be the forum for any disputes arising hereunder.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
TERMS AND CONDITIONS
Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the http://www.lifeinsand.com website and the INSAND mobile application (the "Service") operated by INSAND, Inc. ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Ownership
Your use of the Site does not grant to you ownership of any content, code, data, services, logos or materials you may access on the Site. Any distribution, publishing or exploitation of the Site, or any Content, code, data or materials on the Site, is strictly prohibited unless you have received the express prior permission of INSAND or the applicable rights holder.
UNAUTHORIZED USE, MODIFICATION, REPUBLISHING, TRANSMITTING, DISTRIBUTING, OR DUPLICATING OR ANY OTHER MISUSE OF THE SITE OR SITE MATERIALS BY YOU IS PROHIBITED.
Use of the Site is subject to these Terms and is only permitted within normal access or use of the Site and in conformance with any Membership Agreement you may have with us. Your access to or use of the Site grants you no right or license to reproduce, or otherwise use any INSAND or third-party trademarks except as expressly set forth herein.
Any use of the Site or Site Materials not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. If you wish to make any use of material on the Site other than as set out in this section, please address your request to: [email protected]
Purchases
If you wish to purchase any product or service made available through the Service, you may be asked to supply additional information relevant to your Purchase.
The site, the site materials, information, products, and services included in or made available in connection with the site and site materials are provided “as is,” with no warranties whatsoever.
Prices are subject to change.
You are solely responsible for properly closing or terminating any Membership Agreement you may have with us if you no longer desire to pay for or use the relevant subscriptions, products, or services.
Written notice of termination by either you or us must be sent forty-eight (48) hours prior to your renewal date, or pursuant to the terms of any Membership Agreement, and such termination becomes effective at the end of the then-current subscription term. To terminate your Membership Agreement, please email us at [email protected].
Upon terminating your Membership Agreement, you will immediately lose all access to the relevant subscriptions, products, or services and any data or information stored within your Account or associated with the cancelled Membership Agreement.
Liability
YOU AGREE THAT YOUR ACCESS TO OR USE OF THE SITE, THE SITE MATERIALS, AND ALL USER CONTENT SHALL BE AT YOUR SOLE RISK.
Consult your doctor before starting any exercise program. The instructions and advice presented in this program are not a substitute for medical counseling. Any exercise has some risk of injury. Stop if you feel any discomfort, pain or other symptoms, and seek medical advice. You assume the risk of injury resulting from your use of the fitness and exercises contained in the INSAND program. The creators, producers, participants, and distributors of this program make no warranty, express or implied, regarding your individual results.
INSAND assumes no liability or responsibility for any damages whatsoever resulting from any:
Personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the site content or services;
Unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
Interruption or cessation of transmission to or from the site;
Bugs, viruses, trojan horses, or the like which may be transmitted to or through the site, or sites linked to by this site, or by any third party
You agree, at your sole expense, to defend, indemnify, and hold us, our independent contractors, service providers, and consultants, and their respective directors, employees, and agents, harmless from and against any and all actual or threatened suits, actions, legal proceedings, judgments, and any other legal claims, damage awards, or other compulsory payment or performance of any kind arising out of, resulting from, attributable to or in any way incidental to your access to or use of the Site and/or the Site Materials and/or your violation of these Terms. INSAND is not liable for any loss or damage that results from your failure to comply with your obligations in these Terms or from unauthorized access to or use of your User Account or subscription.
Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
In addition, we reserve the right to stop (permanently or temporarily) providing the Site (or any features within the Site) to you or to users generally and may not be able to provide you with prior notice. We may attempt to notify any registered users of material changes by sending an email to the email address you most recently provided us through your account, profile, or registration (unless we do not have such an email address), and/or by posting notice of the changes on the Site.
Should we permanently stop the Site, you may terminate your Membership Agreement pursuant to the termination process set forth in these Terms, and upon INSAND’s verification of your fulfillment of all termination requirements and in INSAND’s sole discretion, INSAND may refund a pro-rata portion of any remaining subscription fees paid.
Privacy
By accessing the Site and submitting to us your contact information, you consent to receiving electronic communications from us.
See privacy policy for more information.
Links To Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by INSAND.
INSAND has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that INSAND shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
Changes
We reserve the right to change or modify these Terms or any Policy and the Site we offer at any time without notice to you to reflect changes in our practices or keep current with relevant laws or industry standards.
Consult your doctor before starting any exercise program. The instructions and advice presented in this program are not a substitute for medical counseling. Any exercise has some risk of injury. Stop if you feel any discomfort, pain or other symptoms, and seek medical advice. You assume the risk of injury resulting from your use of the fitness and exercises contained in the INSAND program. The creators, producers, participants, and distributors of this program make no warranty, express or implied, regarding your individual results.
By signing below I (we) affirm that I (we) have read and understand all of my (our) rights as outlined in this agreement.
Contact Us
Questions, comments, and any other correspondence regarding our site may be directed to us at the email address [email protected]
Last Updated: July 2020
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
