Effective Date: April 2, 2021
WAIVER AND RELEASE
Welcome to the EXURB FITNESS community! You are reading these Terms because you are using an EXURB FITNESS website, digital experience, social media platform, mobile app, wearable technology, or one of our other products or services, including physical use of the gym and equipment, all of which are part of EXURB FITNESS’s Platform (“Platform”). You may access the Platform through a computer, mobile phone, tablet, console, or other technology, which we refer to here as a “Device”. Your carrier's normal rates and fees apply to your Device.
Physical exercise can be strenuous and subject to risk of serious injury, the club urges you to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. You (each member, guest, or participant) agree that if you engage in any physical exercise or activity or use any club amenity on the premises or off premises including any sponsored club event, you do so entirely at your own risk. Any recommendation for changes in diet including the use of food supplements, weight reduction and/or body building enhancement products are entirely your responsibility, and you should consult a physician prior to undergoing any dietary or food supplement changes. You agree that you are voluntarily participating in these activities and use of these facilities and premises and assume all risks of injury, illness, or death. We are also not responsible for any loss of your personal property.
This waiver and release of liability includes, without limitation, all injuries which may occur, regardless of negligence, as a result of; (a) your use of all amenities and equipment in the facility and your participation in any activity, class, program, personal training or instruction, (b) the sudden and unforeseen malfunctioning of any equipment (c) our instruction, training, supervision, or dietary recommendations and (d) your slipping and/or falling while in the club, or on the club premises, including adjacent sidewalks and parking areas.
You acknowledge that you have carefully read this "waiver and release" and fully understand that it is a release of liability. You expressly agree to release and discharge the health club, and all affiliates, employees, agents, representatives, successors, or assigns, from any and all claims or causes of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against the club for negligence, personal injury or property damage.
Note: Should any part of this agreement is found by a court of law to be against public policy or in violation of any state statute or case precedence, then the remainder of this document will remain in full force.
As mandated by the state of MD and VA you will wear a face covering at all times while in the facility. You will remain conscious of both yours and other members safety while in the gym. You will follow any and all requirements set by EXURB FITNESS, or local and national government agency. For the intentions to reduce the spread of COVID 19.
You will maintain a 6’ distance to others in the facility.
You will not share access with anyone else.
You will replace all equipment back to its original location.
You will sanitize equipment before and after each use.
You have already filled out the virtual COVID code of conduct.
These Terms create a legally binding agreement between you and EXURB FITNESS and its affiliates (which we may refer to as “EXURB FITNESS,” “we,” “us,” or “our”) regarding your use of the Platform. A few important points:
1. GROUND RULES
Eligibility. You are only eligible to use the Platform if you are of legal age in your country or if you have consent from your parent or guardian. There may be certain age restrictions for specific Platform services in various countries.
Rules for Registration. When you register for an account with us, the following rules apply:
2. OWNERSHIP OF CONTENT
Except for User Content (defined below), all of the content on our Platform - including text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, news stories, sketches, animations, stickers, general artwork and other content ("Content") - is owned by EXURB FITNESS or others we license Content from, and is protected by copyright, trademark, patent and other laws. EXURB FITNESS reserves all rights not expressly described in these Terms.
3. POSTING CONTENT ON THE PLATFORM
User Content License. Some parts of the Platform allow you to post photos, videos, comments, and other content, which we refer to as “User Content.” Exurb Fitness is not responsible for User Content others post to the Platform. User Content is owned by you or whoever created it, but when you post User Content you license it to EXURB FITNESS as described below:
LICENSE TO USE COMMENTS, FEEDBACK AND IDEAS. You understand that any comments, feedback, or ideas you send us are provided on a non-confidential basis and you grant to EXURB FITNESS a perpetual, worldwide license to use all comments, feedback and ideas you may share with us, without notice, compensation or acknowledgement to you, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services.
4. USER CODE OF CONDUCT
We’re excited to have you contribute to the EXURB FITNESS community. Here are a few basic rules:
5. COPYRIGHT INFRINGEMENT
Please consult your legal advisor before filing a notice with us because there may be penalties for false claims. EXURB FITNESS may terminate the accounts of Platform users found to infringe third party copyrights.
If you believe that your work has been improperly copied to the Platform, such that it constitutes infringement, please provide us with the following information
(1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf;
(2) a description of the copyrighted work that you claim has been infringed;
(3) a description of where on the Platform the content that you claim is infringing is located;
(4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(5) a statement by you, made under penalty of perjury (depending on applicable law), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Send copyright infringement complaints to:
6. PARTNERS ON THE PLATFORM
7. IMPORTANT DISCLAIMERS
PHYSICAL ACTIVITY The Platform may include features that promote physical activity, nutrition or general wellness. They are for your informational purposes only and are not intended as medical advice or services, or for diagnostic or treatment purposes.
USER INTERACTIONS. To the extent allowed by applicable law, we are not responsible for your interactions with other users of the Platform or any damage or harm you may experience because of these interactions.
WARRANTY DISCLAIMER. Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions and limitations may not apply to you. The Platform, Content, and the materials and products on this Platform are provided "AS IS.” We aren’t making any promises of any kind, including about the Platform’s accuracy, adequacy, usefulness, reliability or otherwise. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, EXURB FITNESS IS NOT RESPONSIBLE OR LIABLE FOR ANY USER CONTENT POSTED ON THE PLATFORM.
EXURB FITNESS may terminate or modify any Exurb Fitness Platform, member program, product or service at any time without notice.
EXURB FITNESS may terminate or suspend your account, delete your profile or any of your User Content, and restrict your use of all or any part of the Platform at any time and for any reason, without any liability to Exurb Fitness, subject to applicable law.
9. INDEMNIFICATION / LIMITATION OF LIABILITY
We want you to enjoy our Platform, but EXURB FITNESS must also protect itself from any damages you may cause.
LIMITATION OF LIABILITY. Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions/limitations may not apply to you. NONE OF THE EXURB FITNESS PARTIES WILL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE PLATFORM OR THE CONDUCT OF OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE), OR ATTENDANCE AT A EXURB FITNESS EVENT OR EXURB FITNESS PARTNER EVENTS, OR ANY USER CONTENT OR ANY OTHER ACTIVITY IN CONNECTION WITH THE USE OF THE PLATFORM, EVEN IF EXURB FITNESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST EXURB FITNESS IN CONNECTION WITH ANY DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. IF EXURB FITNESS IS