BAM Endurance, Balanced Art Multisport, LLC, or their respective coaches or affiliates are collectively referred to herein as “BAM.”
2. Use License
- Permission is granted to temporarily download one copy of any downloadable materials in the BAM Online Portal website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained in the Online Portal;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or 'mirror' the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Balanced Art Multisport at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials in the BAM Online Portal are provided 'as is'. BAM makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, BAM does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
In no event shall BAM be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials in the BAM Online Portal, even if BAM or an authorized of BAM has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing in the BAM Online Portal website may include technical, typographical, or photographic errors. BAM does not warrant that any of the materials on its web site are accurate, complete, or current. BAM may make changes to the materials contained on its web site at any time without notice. BAM does its best to keep materials accurate, up-to-date and relevant; however, BAM does not make any specific commitment to update the materials.
BAM has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by BAM of the site. Use of any such linked website is at the user's own risk.
8. Governing Law
Any claim relating to the BAM's Online Portal or website shall be governed by the laws of the State of Utah without regard to its conflict of law provisions.
9. Participation Waiver
BY SIGNING UP, JOINING, ENROLLING AND/OR PURCHASING ANY OFFERING IN THE BAM ONLINE PORTAL, YOU AGREE TO THE TERMS OF THIS PARTICIPATION WAIVER.
You agree that the terms of this Participation Waiver apply at all times in connection with your participation with BAM Endurance, Balanced Art Multisport, LLC, or their respective coaches or affiliates (collectively referred to herein as “BAM”), or any coaching sessions, training sessions, or related events, including those activities that take place on any BAM premises or within BAM facilities, those activities that take place at other locations, those activities using equipment provided by BAM, and those activities using equipment provided by you. Further you agree that you are physically and otherwise fit to participate in the programs provided by BAM and/or its coaches and that you have not relied on BAM and/or its coaches in making such determination.
ASSUMPTION OF RISK: You agree that if you engage in any physical exercise or activity, including coaching or training sessions, or enter our premises or use any facility or equipment on our premises for any purpose, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment, whether provided to you by BAM or otherwise, including injuries or damages arising out of the negligence of BAM, whether active or passive, or any of BAM’s affiliates, employees, agents, representatives, successors, and assigns.
Your assumption of risk includes, but is not limited to, your use of any training equipment (mechanical or otherwise), sports fields, or other areas, locker rooms, sidewalks, parking lots, stairs, pools, lobby or other general areas of any facilities, or any equipment.
You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, walking, jogging, running, aerobic activities, aquatic activities, or any other sporting or recreational endeavor. Such risks include without limitation, overexertion, dehydration, fatigue, lack of fitness or conditioning.
You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of BAM or otherwise.
RELEASE: You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge BAM (and BAM’s affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of BAM, whether active or passive, or any of BAM’s affiliates, employees, agents, representatives, successors, and assigns.
This waiver and release of liability includes, without limitation, injuries which may occur as a result of
(a) your use of any exercise equipment or facilities which may malfunction or break,
(b) improper maintenance of any exercise equipment premises or facilities,
(c) negligent instruction or supervision, including personal coaching,
(d) negligent hiring or retention of employees, and/or
(e) slipping or tripping and falling while on any portion of a premises or while traveling to or from personal training, including injuries resulting from BAM’s or anyone else’s negligent inspection or maintenance of the facility or premises.
INDEMNIFICATION: By execution of this agreement, you hereby agree to indemnify and hold harmless BAM Endurance from any loss, liability, damage, or cost BAM may incur due to the provision of personal training by BAM to you.
ACKNOWLEDGMENTS: You expressly agree that the foregoing participation waiver is intended to be as broad and inclusive as permitted by the law in the State of Utah and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
This release is not intended as an attempted release of claims of gross negligence or intentional acts. You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk and indemnity agreement.
You are aware and agree that by executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against BAM for BAM’s negligence, or for any defective product used while receiving coaching from BAM. You have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.
10. Authorization and Release for Use of Photographic Images and Video
BY SIGNING UP, JOINING, ENROLLING AND/OR PURCHASING ANY OFFERING IN THE BAM ONLINE PORTAL, YOU AGREE TO THE TERMS OF THIS MEDIA RELEASE.
I hereby grant to BAM Endurance, Balanced Art Multisport, LLC, or their respective coaches or affiliates (collectively referred to herein as “BAM”), and its agents, officials, representatives, or assigned agencies, including officers, employees, or related personnel both individually and collectively (the “Released Party”) the absolute and irrevocable right and unrestricted permission in respect of photographic portraits, videos or pictures that the Released Party had taken of me (the “Photographic Images”), whether individually or together with one another and/or other individuals and the content of any verbal or written statements made by me and used in connection with such Photographic Images, in the name of the Released Party or otherwise. I further grant to BAM the absolute and irrevocable right to use, re-use, publish and re-publish the Photographic Images in whole or in part, individually or in conjunction with other photographic images, and in art, editorials, advertising and trade, or any other purpose whatsoever including, without limitation, the promotion of any websites or brands owned or operated by the Released Party without restriction as to alteration; by any medium or channel including but not limited to television, radio, newspaper or other periodical, Internet, or any other means whether electronic or otherwise; and to use my name, location, profession, and/or any other identifying or potentially identifying information in connection therewith if the Released Party so chooses.
I hereby release and discharge the Released Party from any and all claims and demands arising out of or in connection with the use of the Photographic Images, including without limitation any and all claims for libel, invasion of privacy, or false light, and from any and all liability for damages of whatever kind, which may, at any time, result to me, my heirs, legal representatives, and assigns because of compliance with this Authorization and Release.
This Authorization and Release shall also inure to the benefit of the heirs, legal representatives, licensees, and assigns of the Photographer, as well as the persons for whom s/he took the Photographic Images.
I have read the foregoing and fully understand the contents thereof. This Authorization and Release shall be binding upon me, my heirs, legal representatives, and assigns.