*Please read these terms and conditions carefully:*
Terms and Conditions of Attendance and/or Participation in a Beat The Gym Class.
I wish to participate in a Beat The Gym class (hereinafter referred to as “the Class”) arranged by Beat The Gym (“BTG”) and I hereby irrevocably and unconditionally agree for myself, my heirs, estate, insurers, successors and assigns, as follows:
1. ASSUMPTION OF RISK. Participation in or attendance at the Event involves inherent risks and dangers of accidents, personal and bodily injury (including death) and property loss or damage. These may result from my own actions or inactions, as well as the actions or inactions of others, the rules of play, and the condition of the facilities and equipment. Further, there may be other risks not known to me and not reasonably foreseeable at this time. I have considered the nature and extent of the risks involved, and I voluntarily choose to assume all such risks, both known and unknown, even those risks that result from the negligence of the Released Parties (defined below) or others and assume full responsibility for my participation in the Event. I consent to treatment in the event of an emergency or other incident in which, in the reasonable judgment of the on-site personnel, I require medical care. I further agree to pay all costs associated with such medical care and to indemnify and hold harmless the Released Parties from any costs or claims arising from such medical care.
2. RELEASE FROM LIABILITY. I, for myself and on behalf of my heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge Beat The Gym LLC., Bayfront Park Management Trust, the City of Miami and the City of Miami Beach their respective officers, directors, shareholders, employees, agents, distributors, representatives, contractors, successors, assigns, and insurers, all Event sponsors, advertisers, volunteers, and staff, and all owners or lessors of premises used in connection with the Event (collectively the “Released Parties”) from any and all claims or causes of action I may have for damages for personal or bodily injury, disability, death, loss or damage to person or property relating in any way to the Event, whether arising from the negligence of any or all of the Released Parties or otherwise, to the fullest extent permitted by law.
3. AUTHORIZATION TO RECORD AND USE RECORDINGS, NAME AND EVENT INFO. I hereby grant to Beat The Gym, LLC., permission to film, photograph, video record and otherwise record my image, voice, or any other aspect of the recording at the Event (collectively the ‘Recording’) and the right, throughout the world, in perpetuity, to register for copyright, to use and to assign and/or license others to use all or any portion of the results thereof (or a reproduction thereof), in all media and in any manner now known or hereafter developed, in connection with the Event or otherwise without any additional consideration. I shall have no right of approval and no legal claim arising out of any use or editing of the Recording or my name. If applicable, I also hereby grant BTG permission to display my name, Event standings and results, in any media and in any manner now known or hereafter developed. BTG shall have no obligation to use any of the rights I grant. I represent that it is not necessary for BTG to obtain permission from or to pay any third party in connection with the rights granted in this paragraph.
4. LICENSE TO USE COMMENTS, FEEDBACK AND IDEAS. I hereby grant to BTG a perpetual license to use all comments, feedback and ideas I may share with them, without notice, compensation or acknowledgement to me, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services.
5. ARBITRATION. In the event of any dispute between me and any of the Released Parties (defined above), such dispute shall be settled by arbitration administered by the American Arbitration Association. The hearing shall be conducted in Miami, Florida unless both parties consent to a different location and this Participant Release shall be governed by Florida law, without reference to its conflicts of law principles. The decision of the arbitrator shall be final and binding upon all parties, and judgment upon the award rendered pursuant to such arbitration may be entered in any court of competent jurisdiction.
I have read this Participant Release, am over the age of majority, fully understand and agree to its terms, and understand that I am giving up substantial rights by agreeing to it. I agree to this Participant Release freely and voluntarily, without any inducement or coercion.
You must be over 18 years of age OR the parent/legal guardian of a minor under 18 years of age OR the legal guardian of an incapacitated and/or mentally challenged person in order to agree to the text above.*