Terms and conditions for WELLNESS PACK
WAIVER
ASSUMPTION OF RISK, WAIVER, AND INDEMNITY. I, the client,
acknowledge that I know, understand, and appreciate the inherent risks of
participating in aerobic and athletic activities. I know that these risks range
from but not limited to minor injuries such as muscle strains and sprains, significant
problems such as knee injuries or broken bones to the rare catastrophic events
such as heart attacks, paralysis, and death. I hereby assert that I am
voluntarily participating in the activities and that I fully assume the
inherent risks of such participation.
I certify that (1) I possess a sufficient degree of physical fitness to
participate in aerobics and physical activity; (2) I understand that I am to
discontinue activity at any time I feel undue discomfort or stress; and (3) I
will indicate below any health concerns that might affect my ability to
participate in the activities and I will verbally inform the instructor
immediately.
In consideration of being permitted to participate in the activities at Battle
Box, LLC, I hereby release (on behalf of myself, my family, my heirs and my
assigns) Battle Box, LLC, their respective employees, agents, successors and
assigns from liability for any and all claims involving injury, death, or
property loss suffered by me or any person entering as my guest including those
injuries which result from Battle Box, LLC and their respective employees,
agents or sponsors. This includes incidents that occur while participating in
the activities, while using the facilities, or while engaging in any activity’s
incidental thereto, wherever, whenever, or however the same may occur. This
also includes Battle Box sponsored events outside of the facility.
I further agree to hold harmless, defend and indemnify Battle Box, LLC from any
and all claims (including ordinary negligence of Battle Box, LLC or their
employees or agents) arising directly or indirectly from my participation in
the activities. I further agree to pay all costs and attorneys’ fees incurred
by Battle Box, LLC in investigating and defending a claim brought by me or on
my behalf by my heirs, personal representatives, or assigns, or by a third
party.
Parent/Guardian: In exchange for Battle Box, LLC allowing my minor child to use
the Club, I agree to the Assumption of Risk, Waiver and Indemnity clause in
this Agreement. I also agree to defend and indemnify Battle Box, LLC or its
officers and employees to the fullest extent permitted by law for any claim
brought by my minor child against them for services received. I also promise to
pay any financial obligation incurred by my minor child for services and
acknowledge that the banking information provided is my account. I understand
that any child of mine under the age of eighteen must be accompanied by an
adult while in a Battle Box, LLC location.
AGREEMENT
Use of Personal Information, Image, Likeness, and/or Voice: We may
photograph, record on audio or video, or otherwise record Battle Box, LLC
Fitness classes or member use of the Studio. In exchange for your use of the
Studio or your participation in any Battle Box, LLC Fitness class (whether in
studio, outdoors, online or otherwise), you understand, acknowledge, and agree
that you may be photographed, recorded on audio or video, or otherwise recorded
and hereby agree and consent for all purposes to the sale, reproduction, and/or
use in any manner of any such photograph, audio, video, or other recording or
depiction of your likeness and/or voice whatsoever by us, any Battle Box, LLC
Fitness studio, and any nominee or designee of us, including without limitation
any agency, client, periodical or other publication, in all forms of media,
whether now or hereafter devised, throughout the world and in perpetuity, and
in all manners, including without limitation advertising, trade, display,
editorial, art, and exhibition. You further understand and agree that any such
photograph, audio, video, or other recording or depiction of your likeness
and/or voice may be modified, altered, cropped, and combined with other content
such as images, video, audio, text, and graphics, and hereby waive any right
that you may have to inspect or approve any finished image, video, or audio
containing a depiction of your likeness or voice. You further agree that the
Studio, may use any information gathered in this form or through your use of
the Studio or participation in any Battle Box, LLC Fitness class, provided the
information does not personally identify you or provide facts that could lead
to your identification, for marketing purposes, including without limitation
research, product and program improvements, and statistical purposes. You agree
to hold harmless and indemnify the Studio, from and against any and all
liability, damage, loss, and/or claims of any kind or nature whatsoever,
including, without limitation, any and all claims and demands relating to
libel, invasion of privacy, and violation of publicity rights.
Parent(s)/Guardian(s) give permission to photograph minor(s)/children.
Identification: If we require you to furnish identification upon entry
to our facility and as a condition of using the services therein, we will
provide you with the means of such identification.
Cancellation in Writing: Notice of your intent to cancel this Agreement
shall be given in writing at the Battle Box location 1185 West Avenue SW,
Conyers GA 30012 or via email at info@battleboxatlanta.com.
Authorization for Phone Calls and Text Messages: By providing your phone
and signing this Agreement, you consent to and authorize the Studio, the entity
(defined above), and/or their agents to call or send you text messages to the
number you provide regarding (1) class reminders, waitlists, account balances,
and/or transactions, and (2) Battle Box, LLC Fitness promotions or advertising.
You are not required to authorize calls or text messages to become a Battle
Box, LLC Fitness member, and you may opt-out at any time by request if called
or by replying “STOP” in response to a message.
Limitation Of Liability: In no event shall Battle Box, LLC, Affiliates,
Members, Officers, Directors, Employees, Representatives or our suppliers be
liable for lost profits or any special, incidental or consequential damages
arising out of or in connection with our services or these terms and conditions
(However arising, including negligence or any other conduct). Our liability,
and the liability of Affiliates, Members, Officers, Directors, Employees,
Representatives, and Suppliers, to you or any third parties in any circumstance
is limited to the total amount that you paid to us in the preceding three (3)
months. Some states do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not apply to
you. To the extent permitted by applicable law, you hereby waive any and all
rights to bring any claim or action related to the App beyond one (1) year
after the first occurrence of the kind of act, event, condition or omission
upon which such claim or action is bases.
Termination: We reserve the right to terminate or refuse to renew your Agreement for any reason not prohibited by law including, but not limited to, an unsatisfactory payment history or failure to comply with any rules, policies, or modifications to rules or policies during this Agreement’s term. Zero tolerance policy. At our discretion, any behavior that we feel is inappropriate may result in the refusal of service.
Governing Law Clause: The laws of the State of Georgia shall govern this Agreement. If Georgia's conflict of law rules would apply another state's laws, the Parties agree that Georgia law shall still govern. You consent to the personal jurisdiction of the courts in Georgia. You waive (a) any objection to jurisdiction or venue, or (b) any defense claiming lack of jurisdiction or venue, in any action brought in such courts.
Notices. Any communication or notice required or permitted to be given under the Plan shall be in writing and mailed by registered or certified mail or delivered by hand, to Battle Box, LLC, to its principal place of business, Attention: William Grayson, to the following address 1185 West Avenue SW, Conyers GA 30012.
All sales are final. No refunds.