In consideration of access to and/or use of SweatHaus, Inc.’s (or of any of its affiliate’s) facilities, services, equipment and/or premises by me or any minor for whom I have responsibility or guardianship (a, “Minor”), I agree for myself and all Minors to the terms and conditions of this ACCESS AND USE AGREEMENT (“Agreement”).
1. ASSUMPTION OF RISKS. I acknowledge, agree and understand that access to and/or use of SweatHaus, Inc. (“SweatHaus”) facilities, services, equipment and/or premises involves risks, including, but not limited to, as relates to child care or lack thereof. These risks include, but are not limited to, injury (including emotional injury), illness and death, and damage, destruction, theft or loss of property. I understand these risks include, but are not limited to, equipment failure or malfunction, accidents, falls, muscle injury, dislocated or broken bones, concussions, wounds, permanent paralysis, neck and spinal injuries, overexertion, overheating, injuries from lack of fitness or conditioning, abnormal blood pressure, fainting, heart disorders and heart attacks. I voluntarily accept and assume full responsibility for all these risks with respect to me and all Minors.
2. RELEASE OF LIABILITY. I hereby release, discharge and hold harmless SweatHaus, its successors, affiliates and related entities, and their respective directors, officers, members, managers, employees, agents, contractors, representatives and volunteers (collectively, the "SweatHaus Parties") from any and all CLAIMS, ACTIONS, DEMANDS and LIABILITIES arising from my, or any Minor’s, ACCESS TO OR USE OF SweatHaus facilities, services, equipment and/or premises, including, but not limited to, as relates to child care or lack thereof.
3. PROMISE NOT TO SUE. I promise not to sue any SweatHaus Parties with respect to my, or any Minor’s, ACCESS TO OR USE OF SweatHaus facilities, services, equipment and/or premises, including, but not limited to, as relates to child care or lack thereof.
4. INDEMNIFICATION. I WILL INDEMNIFY, HOLD HARMLESS, AND DEFEND the SweatHaus Parties against any and all claims, actions, demands, damages, costs (including costs and reasonable attorneys’ fees), losses and liabilities arising from my, or any Minor’s (i) ACCESS TO OR USE OF SweatHaus facilities, services, equipment and/or premises, including, but not limited to, as relates to child care or lack thereof, and/or (ii) breach of any term or condition of this Agreement.
5. UNDERSTANDING OF ENTIRE AGREEMENT. I FULLY UNDERSTAND THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY, AND ASSUMPTION OF RISK AND INDEMNITY. I AM AWARE AND AGREE THAT BY EXECUTING THIS AGREEMENT, I AM GIVING UP, AMONG OTHER THINGS, A SUBSTANTIAL RIGHT (I.E., MY RIGHT TO BRING A LEGAL ACTION OR ASSERT A CLAIM INCLUDING, WITHOUT LIMITATION, FOR NEGLIGENCE OR WITH RESPECT TO ANY DEFECTIVE PRODUCT). I HAVE CAREFULLY READ THIS AGREEMENT AND VOLUNTARILY SIGNED THIS AGREEMENT OR AUTHORIZED ANOTHER TO SIGN IT ON MY BEHALF, AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENT APART FROM THIS WRITTEN AGREEMENT HAVE BEEN MADE. I AGREE, FOR MYRSELF AND MY SUCCESSORS, HEIRS AND ASSIGNS, THAT THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE CONTRACTUALLY BINDING, AND THAT SHOULD I OR MY SUCCESSORS, HEIRS OR ASSIGNS ASSERT ANY CLAIM IN CONTRAVENTION OF THIS AGREEMENT, THE ASSERTING PARTY SHALL BE LIABLE FOR THE EXPENSES (INCLUDING, WITHOUT LIMITATION, COSTS AND REASONABLE ATTORNEYS’ FEES) INCURRED BY THE OTHER PARTY OR PARTIES IN CONNECTION WITH SUCH ACTION. I ACKNOWLEDGE THAT THIS AGREEMENT WAS NEGOTIATED BY AND BETWEEN THE PARTIES TO THIS AGREEMENT, AND THAT BY MY SIGNATURE ON THIS AGREEMENT, AND/OR ACCESS TO AND/OR USE OF SWEATHAUS FACILITIES, SERVICES, EQUIPMENT AND/OR PREMISES BY ME OR ANY MINOR, SUCH ACCESS AND USE ARE SUBJECT TO THIS AGREEMENT.
6. Following Rules and Directions. I agree to follow all rules and directions, as amended from time-to-time, regarding to my use, or any Minor’s use, of SweatHaus facilities, services, equipment and/or premises.
7. Photos, Video and Recordings by Me. I will not create, use or disclose any photo, video or recording related to SweatHaus that does not meet the written pre-approval of SweatHaus, Inc. in its sole discretion. Within 24 hours of notice by SweatHaus, I will deliver to SweatHaus all copies of such photographs, videos and recordings, including all electronic files, and will cause the removal of all of them from social media.
8. Photos, Video and Recordings of Me. The SweatHaus Parties may create photos, videos and/or recordings of me when I am in or on any SweatHaus facility or premises. I hereby assign to SweatHaus, Inc. any rights I may have with respect thereto including, without limitation, all intellectual property and related rights, and consent to the SweatHaus Parties’ use of them, without compensation, in any way SweatHaus wants in its sole discretion. I waive any and all rights related thereto including, without limitation, rights of privacy and rights of publicity.
9. Confidential Information. I represent, warrant and agree that neither I nor my employees, contractors and/or representatives has used or disclosed (or will use or disclose) any “SWEATHAUS Confidential Information.” "SWEATHAUS Confidential Information" means all information, documents and things regarding SweatHaus including, without limitation, as relates to pricing, sales, financial information, policies, products, facilities, designs, look and feel, marketing, clients and other information including, without limitation, all ideas, concepts, techniques, inventions, creative works, works of authorship, designs, trademarks, trade secrets, hardware, software, apps, developments, improvements, and discoveries, whether or not patentable or registrable under patent, copyright, trademark or otherwise.
10. General. Any modification of this Agreement must be in writing and signed by the party alleged to be bound by the modification. No waiver of any part of this Agreement is valid unless in writing signed by the party to be charged, and no waiver on one occasion is deemed a waiver on any other occasion. If any term, condition or provision of the Agreement is held to be unenforceable for any reason, it shall, if possible, be interpreted rather than voided, in order to achieve the intent of the parties to the Agreement to the extent possible. In any event, all other terms, conditions and provisions of the Agreement shall be deemed valid and enforceable to the fullest extent. This Agreement inures to the benefit of, and is binding upon, the parties and their respective heirs, legal representatives, permitted successors and permitted assigns. No remedy provided herein to any SweatHaus Party is to be deemed a sole or exclusive remedy, but rather shall be a remedy available to such SweatHaus Party along with all other remedies provided for herein, at law or in equity.
11. Attorneys’ Fees. In the event either party shall bring any action to enforce or protect any of its rights under this Agreement, the prevailing party shall be entitled to recover, in addition to its damages, its reasonable attorneys' fees and costs incurred in connection therewith.
12. Governing Law and Forum. This Agreement shall be governed in all respects solely and exclusively by the laws of the State of California, U.S.A. without regard to conflict of laws principles. The parties hereto expressly consent, and submit themselves, to the exclusive jurisdiction of the courts of California, and it is stipulated that venue shall be in San Diego County for the adjudication or disposition of any claim, action or dispute arising out of this Agreement.
I HAVE INFORMED MYSELF OF THE CONTENTS OF THIS AGREEMENT BY CAREFULLY READING IT BEFORE AGREEING TO IT. NO ORAL REPRESENTATIONS, STATEMENTS OR OTHER INDUCEMENTS TO AGREE TO THIS AGREEMENT HAVE BEEN MADE APART FROM WHAT IS CONTAINED IN THIS AGREEMENT. I UNDERSTAND THIS IS A CONTRACT THAT AFFECTS MY LEGAL RIGHTS AND I AGREE TO IT OF MY OWN FREE WILL. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the date listed on inquiry.