BOMBSHELL FITNESS RELEASE OF LIABILITY, TERMS, CONDITIONS AND DISCLAIMERS
1. As a condition of membership in and/OR participation in any activities, programs and camps presented by Bombshell Fitness™, I acknowledge that I am participating in a fitness and nutrition program (the “Program”) utilizing the Bombshell Fitness Training System™. During my membership and participation in the Program, I will receive information and instruction about the Bombshell Fitness Training System™ which is a unique and specialized combination of clean nutrition, weight training, plyometric workouts and cardiovascular training. Such information and instruction includes online training programs supported by the Bombshell Fitness™ coaching staff of International Federation of BodyBuilding and Fitness (IFBB) professionals, as well as personal and group training programs offered year-round at Bombshell Fitness™ camps and academies hosted either at the Bombshell Fitness™ complex in Orlando, Florida, or at any other venue or location whereby Bombshell Fitness hosts a training camp, seminar or promotion of any kind.
2. I recognize that the Program requires physical exertion that may be strenuous and may cause physical injury, and I am fully aware of the risks and hazards involved in participating in such activities. I also recognize and am fully aware that the use of exercise equipment, whether or not at Bombshell Fitness™ club facilities or otherwise provided by Bombshell Fitness™, may cause physical injury, and I am fully aware of the risks and hazards associated with using such equipment.
3. I hereby acknowledge that my Bombshell Fitness™ membership, participation in the Program and any activities related to or presented by Bombshell Fitness, and/OR participation as a non-member in any individual camp or academy presented by Bombshell Fitness, which includes physical training and nutritional instruction, is voluntary. I understand that Bombshell Fitness™ has no control regarding whether or not, and how, I use the Program, how I perform the training exercises, or whether or not I follow the nutritional instructions and recommendations of BombshellFitness™.
4. I understand that it is my responsibility to consult with a physician prior to and regarding my participation in the Program and/OR participation in any individual camp or academy presented by Bombshell Fitness. I represent and warrant that I am physically fit, and I have no medical condition (including, without limitation, disability, impairment, drug use, or ailment) that would prevent my full participation in the Program. Bombshell Fitness™ will make no evaluation or recommendation as to whether or not I am medically fit for any nutritional program or exercise activity.
5. In consideration of my membership in Bombshell Fitness™ and being permitted to participate in the Program and/OR participation as a non-member in any individual camp or academy presented by Bombshell Fitness, I hereby fully and completely indemnify and hold harmless, release, insure, defend, acquit, and forever discharge Bombshell Fitness, LLC, and its respective parent companies, subsidiaries, and affiliates, as well as any officers, directors, members, managers, contractors, coaches, and employees thereof (collectively, the “Releasees”), of and from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of actions, suits, rights, demands, costs, losses, debts, expenses and attorney’s fees, known or unknown, which I have, own, hold, claim to have, or will have, will own, will hold or may claim to have for any injury, loss, accident, damages or death which may occur to me while I am participating in the Program including my exercise training (whether or not directed by any coach of Bombshell Fitness™), my use of any nutrition instructions or recommendations provided by Bombshell Fitness™, and my use of any fitness equipment (whether or not provided by Bombshell Fitness™). The foregoing includes my waiver and release of Bombshell Fitness, LLC and the other Releasees from any liability which is attributable to the negligence of Bombshell Fitness, LLC or any of the other Releasees.
6. I, my heirs and legal representatives, forever release, waive, discharge and covenant not to sue Bombshell Fitness, LLC or any of the other Releasees for any injury, death, or other damages caused by the negligence of Bombshell Fitness™ or other acts or acts of any third party arising out of or related to the Program including any nutrition instructions or recommendations provided by Bombshell Fitness™ and the fitness equipment (whether or not provided by Bombshell Fitness™).
I hereby acknowledge and fully understand the potential dangers incidental to engaging in sports and fitness training, general exercise activities, and changes in dieting and nutrition, including Bombshell Fitness Live and Bombshell Fitness Online Coaching that take place through the Bombshell Fitness website(s), including B-Transformed, B-Competitive, Bombshell Bootcamps , B-Crowned, B-Physique, Baby-Fit, Fit-Together, Bombshell VIP Live, and Bombshell Ultimate Competitor Weekend (collectively “Bombshell Training”), and that such activities require physical effort and exertion. Moreover, I acknowledge specifically as it relates to training for competitive bikini and competitive bodybuilding, there is an increased risk related to extreme training and dieting that may result in an increased occurrence of both short- or long-term bodily harm or injury, especially for participants with pre-existing health conditions. I further acknowledge and agree that (i) I am responsible for consulting my physician or other health care provider prior to enrolling and participating in Bombshell Training to determine whether participating in Bombshell Training is appropriate for me; (ii) I will not enroll in or participate in Bombshell Training if my physician or health care provider advises against it; and (iii) if I experience faintness, dizziness, pain or shortness of breath at any time during a Bombshell Training session that I will stop immediately and contact my physician or health care provider.
I acknowledge and understand that my participation in Bombshell Training could result in my exposure to bodily injury, illness, loss, or death, as well as property losses and/or damage to property. For and in consideration of Bombshell Fitness, LLC (“Bombshell”) permitting me to locate and enroll in virtual, online, and live Bombshell Training through the Bombshell Fitness websites, including B-Connected and the instructor teaching such Bombshell Training, which may include Bombshell VIP Coaches and Bombshell VIP Master Coaches (collectively “Coach”) permitting me to enroll and participate in Bombshell Training, and in recognition of the possible dangers to which I voluntarily subject myself by participating in the Bombshell Training and related activities, I HEREBY AGREE AS FOLLOWS:
1. I acknowledge and understand that my participation in Bombshell Training could result in my exposure to bodily injury, illness, loss, or death, as well as property losses and/or damage to property. For and in consideration of Bombshell Fitness, LLC (“Bombshell”) permitting me to locate and enroll in virtual Bombshell Training through the Bombshell/B-Connected websites, and the Coach teaching such Bombshell Training permitting me to enroll and participate in the Bombshell Training, and in recognition of the possible dangers to which I voluntarily subject myself by participating in the Bombshell Training and related activities, I HEREBY AGREE AS FOLLOWS:
2. I hereby voluntarily for myself, my spouse, assignees, heirs, guardians or personal representatives, from the date of entry into this Waiver and Release, hold Bombshell and the Coach teaching the Bombshell Training which I enroll and participate in, as well as their agents, employees, officers, directors, spouses, assignees, heirs, guardians or personal representatives blameless and waive any and all rights and causes of action and associated costs for any accident, injury, illness or death, occasioned by my participation in the Bombshell Training, unless caused by the negligence of Bombshell or the Coach, their agents, employees, officers, directors, spouses, assignees, heirs, guardians or personal representatives.
3. In the event I am injured, I voluntarily agree to assume any financial obligation, either through personal health insurance, or through some other means, for any medical costs which I incur and Bombshell and the Coach teaching the Bombshell Training assumes no responsibility for any medical expenses, injury, or personal damage suffered by me in connection with the use of any facilities or services in connection with the Bombshell Training, unless caused by the negligence of Bombshell or the Coach, their agents, employees, officers, directors, spouses, assignees, heirs, guardians or personal representatives.
4. I hereby voluntarily assume all risk of damage or loss to my property while participating in the Bombshell Training and relieve Bombshell and the Coach teaching the Bombshell Training from liability for any and all property damage or loss, unless caused by the negligence of Bombshell or the Coach, their agents, employees, officers, directors, spouses, assignees, heirs, guardians, or personal representatives.
You acknowledge and agree that by clicking on a “Sign-Up” button and signing up for an account on the Bombshell website, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by these terms. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE BOMBSHELL WEBSITE OR SERVICES OFFERED BY BOMBSHELL. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
I have read the above Release and Waiver of Liability and fully understand its contents. I voluntarily agree to the terms and conditions stated above.
You agree that any claim, action or lawsuit (collectively, “Action) arising out of the Terms and Conditions, products, and services provided in connection with Bombshell Fitness, LLC, its’ subsidiaries, assigns, officers, and employees must be filed and maintained exclusively in any court in Orange County, Florida having subject matter jurisdiction with the prevailing party being entitled to reasonable attorneys’ fees. You also hereby submit to the personal jurisdiction of such courts for the purposes of litigating any such Action. You agree that these Terms and Conditions, Services, and Products shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflict law.
AS BOMBSHELL FITNESS, LLC AND ITS WEBSITES OR APPLICATIONS WILL EVOLVE OVER TIME, THERE MAY BE PERIODS OF TIME DURING WHICH CERTAIN BENEFITS AND FEATURES ARE MADE AVAILABLE ON A LIMITED BASIS TO A SELECT AUDIENCE. AVAILABILITY OF BOMBSHELL FITNESS APPLICATIONS AND BENEFITS ARE SUBJECT TO CHANGE WITHOUT NOTICE. AT ANY TIME, WE MAY AMEND THESE TERMS (INCLUDING BY MODIFICATION, DELETION AND/OR ADDITION OF ANY PORTION THEREOF). IF WE MAKE A MATERIAL AMENDMENT TO THESE TERMS, WE WILL NOTIFY YOU OF SUCH AMENDMENT BY SENDNG YOU AN EMAIL TO THE LAST EMAIL ADDRESS ASSOCIATED WITH YOUR BOMBSHELL FITNESS ACCOUNT, AND/OR BY POSTING NOTICE OF SUCH AMENDMENT ON THE SITE BY INCLUDING A NOTATION NEXT TO THE LINK TO THESE TERMS THAT STATES “UPDATED AS OF (APPLICABLE DATE).” AN SUCH AMENDMENT TO THESE TERMS WILL BE EFFECTIVE AS OF THE DATE THE MODIFIED OR REPLACEMENT TERMS ARE POSTED TO THE SITE, AND SUCH MODIFIED OR REPLACEMENT TERMS WILL GOVERN YOUR USE OF THE SITE, ITS’ SERVICES, AND PRODUCTS.
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS “BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT BOMBSHELL FITNESS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
FROM TIME TO TIME THERE MAY BE INFORMATION ON OUR SITE THAT CONTAINS TYPOGRAPHICAL ERRORS, INACCURACIES, OR OMISSIONS. WE MAY CORRECT ERRORS, INACCURACIES, OR OMISSIONS AND CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT NOTICE. WE APOLOGIZE FOR ANY INCONVENIENCE THIS MAY CAUSE YOU.
*Updated January 1, 2020