CONSENT & LIABILITY WAIVER:
I understand and agree to the following as a part of my voluntary participation in the elevatED Teacher Training Program (the “Training”).
I acknowledge and understand that my participation in Training requires strenuous exercise, various degrees of skill and experience that involve the risk of injury. As such, I understand and agree that elevatED, its employees, affiliates, or partners, shall not be liable for any injury, including without limitation, personal, bodily, or mental injury, death, disability, economic loss, property damage, or any other damage suffered by me in connection with my participation in the Training, whether resulting from the acts, negligent or otherwise, of elevatED, its employees or anyone else’s participation in the Training.
I hereby agree to release and forever discharge elevatED from any and all claims, actions, damages, liability, costs, expenses, and attorneys’ fees which are related to, arise out of, or are in any way connected to my participation in the Training, whether or not such claims, actions, damages, liability, costs, expenses, and attorney fees are caused by the acts or omissions, negligent or otherwise, of elevatED, its employees or anyone else’s participation in the Training. By execution of this agreement, it is my intention to surrender and waive any rights to exercise any legal action or seek any damages against elevatED, its employees, partners or affiliates.
I hereby agree that if there is any claim by anyone based on any injury, death, disability, loss or damage described herein, which involves me or my acts or omissions, that I will defend, hold harmless, and indemnify elevatED, its employees, partners and affiliates against any and all claims, actions, damages, liability, costs or expenses, and attorney fees to me or anyone else arising in connection with or out of my participation in the Training.
I hereby give consent and permission to elevatED, its employees, partners, and affiliates to obtain on my behalf any emergency medical treatment in the case of sickness, accident, or injury and to secure such medical attention at my expense. However, I understand there is no obligation or duty for elevatED, its employees, partners or affiliates to obtain medical treatment for me nor will elevatED or its employees, partners, or affiliates be responsible or liable for any medical treatment obtained or provided in connection with my participation in the Training.
I hereby certify that I am over 18 years of age and I have carefully read the foregoing and acknowledge that I understand and agree to the above terms and conditions.
elevatED Online TERMS OF USE AND CONDITIONS OF USE AGREEMENT
In addition to our Teacher Training Program elevatED Education (“elevatED”) is an Online provider of fitness classes. I, through the purchase of and access to elevatED have agreed to participate voluntarily in a program of physical exercise, including, but not limited to, pole dancing, flexibility development, strength training and aerobic exercise (“Activities”), on the bodyandpoleonline.com website (“Website”). This Website is not directed to persons under eighteen (18) years of age. The Website is owned by elevatED Education. This Agreement applies to all of the products, services and websites offered by Website and elevatED the mobile versions thereof, any Website software that you have embedded on a web site or are about to embed (“Widgets”), and any applications (“Apps”) created by elevatED whether available through a social networking site or its subsidiaries or affiliated companies (collectively, “Service”). Please note that the availability of any Apps on a social networking site does not indicate any relationship or affiliation between elevatED and such social networking site.
The information presented on this Website is in no way intended as medical advice or as a substitute for medical treatment. This information should only be used in conjunction with the guidance and care of your physician. Consult your physician before beginning any diet, nutrition, or fitness plan offered through the Website. Your physician should allow for proper follow-up visits and individualize your diet, nutrition, or fitness plan as appropriate. Nothing stated or presented on the Website is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider if you have any questions regarding a medical condition, your diet, nutritional supplements, an exercise regimen, or any other matter related to your health and well-being.
If you do not agree to be bound by this Agreement, please do not use or access this Website. elevatED reserves the right to refuse or cancel your account. We also reserve the right to cancel your membership should you violate any provision of this Agreement, or any other posted policy on the Website. The contents of this Website, including the videos, text, graphics, images, and information obtained from elevatED third-party content providers, sponsors, suppliers, and licensors (collectively “Providers”), and any other materials are to be used for informational purposes only.
DISCLAIMERS AND LIMITATION OF LIABILITY
I understand and am aware that Activities are potentially hazardous. I acknowledge the possibility that injuries, death, illness or damage to myself or to my property may arise during and/or result from engaging in Activities, including, but not limited to physical injury to the legs, knees, back, hands or other part of the body, injury to or strain on the cardiovascular, circulatory and/or respiratory system. I further acknowledge that although the elevatED instructor will provide instruction so that I can safely perform Activities, as such instruction is not in person, the instructor cannot ensure that I am performing Activities correctly and I accept sole responsibility for my safety and for any and all injuries.
I will provide all equipment to be used in performance of Activities and have control over the areas in which Activities take place. elevatED has not inspected my equipment and has no knowledge of its condition. I acknowledge that I take sole responsibility for my equipment. I understand that improperly set-up, installed, or used equipment could result in property damage or personal injury. I understand that for safety I should perform Activities with a spotter, particularly those which are new to me or that I am not experienced in. I recognize it is my sole responsibility to ensure that I have a spotter.
I hereby affirm that I am in good physical condition, do not suffer from any disability that would prevent or limit participation in any exercise program and understand that I should consult a physician before beginning this or any other exercise program.
I understand and am aware that Activities, including the use of my own equipment, are potentially hazardous activities. I acknowledge the possibility that injuries and physical changes arising during and/or resulting from engaging in Activities does exist. I understand and take sole responsibility for any and all injuries and changes that may occur to myself and/or others and to my property, related to any and all Activities associated with elevatED instruction even if not specifically set forth in this waiver, whether or not they fall within the scope of reasonably foreseeable injuries related to such Activities. My participation in these Activities is purely voluntary and I am electing to participate in spite of the risks.
In consideration of elevatED’s agreement to provide elevatED and instruction in Activities, I hereby agree to hold harmless Body & Pole and elevatED and their respective representatives, executors, agents, shareholders, instructors and assigns from any and all claims, demands, damages, rights of action or causes of action present or future, arising out of or connected to my participation in any and all Activities, use of my equipment or any and all acts or omissions, including negligence by elevatED and their representatives. This waiver and release of liability includes, but is not limited to (i) equipment that may malfunction or break, (ii) any and all defects in the design or condition of my equipment, (iii) any and all improper maintenance of my equipment or facilities where I will perform Activities, (iv) any hazardous condition that may exist on the premises where Activities will be performed, (v) the instructors negligent instruction, and (vi) damage to property, including but not limited to my equipment and the premises.
I acknowledge that I have thoroughly read this waiver and release and fully understand it is a waiver and release of liability. I am waiving any right I, or my heirs and/or assigns, may have to bring any and all legal actions or assert any and all claims against elevatED. I recognize that this waiver and release shall remain in effect for my entire participation in the Activities, including my own performance of Activities shown on elevatED after the conclusion of the elevatED class.
MINORS
The Website is not directed to persons under eighteen years of age. By using the Website or registering as a member, you are representing that you are eighteen years of age or older. If you are younger than eighteen years of age and would like to become a registered member of Website, you are required to have your parent or legal guardian contact us prior to your use of the Website.
LICENSE AND SITE ACCESS
elevatED grants you a limited license to access and make personal use of the Website and you may not download (other than page caching) or modify it, or any portion of it, without the express written consent of elevatED. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of barre3. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of elevatED without our express written consent. You may not use any metatags or any other hidden text utilizing elevatED’s name or trademarks without the express written consent of elevatED. Any unauthorized use terminates the permission or license granted by elevatED. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the homepage of the Website so long as the link does not portray elevatED its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any elevatED logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT
If you subscribe to and use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. elevatED and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Memberships are non-transferable. You agree to (a) maintain all equipment necessary for your access to and use of the Website; (b) maintain the security of your user identification, password, Personal Information (as defined in our Website Privacy Policy), and any other confidential information relating to your elevatED account; (c) take responsibility for all charges resulting from use of your elevatED account, including unauthorized use prior to your notifying elevatED of such unauthorized use and taking the legal steps to prevent its further occurrence by contacting us to change your password; and (d) update your Personal Information (as defined in our Website Privacy Policy), including email address, as appropriate. If you are given a promotional code you may only use it once. After the promotion terminates, you will be required to subscribe to the Website. elevatED reserves the right to terminate any account that is using or trying to use more than 1 promotion. If subscription is terminated due to a violation of this Agreement, elevatED will not reimburse Subscriber for the remainder of the paid month. Nor will reimbursements be made for subscription cancellations prior to monthly renewal date.
SUBSCRIPTIONS
Subscriptions are billed monthly or annually. All subscriptions are renewed automatically until canceled. Subscribers may cancel their subscription at any time. To cancel your subscription Log In to your account, and follow the instructions on the FAQ page. Please cancel your account BEFORE your next payment is due. It is best to cancel at least 24 hours in advance to ensure you are not charged due to time differences. You will retain access to elevatED until your next payment is due. At times, special pre-paid subscription packages may be available for purchase. Special pre-paid subscriptions will be recurring and may renew automatically on the expiry date. Subscription must be canceled prior to the renewal date in order to end subscription charges.
FORCE MAJEURE
Notwithstanding any other terms of this Agreement, elevatED shall not be liable for failure to perform hereunder if such failure is caused by an occurrence beyond our reasonable control, including but not limited to, fire, flood, strike, power outage or other industrial disturbance, failure of transport, denial of service attack, accident, war, riot, insurrection, acts of God or acts of civil or military authority.
PRESERVATION / DISCLOSURE
You acknowledge, consent and agree that elevatED may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process nationally or internationally; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of elevatED Workouts, its Members and the public. Under no other circumstances will elevatED intentionally disclose your account information to any third party.
MISCELLANEOUS TERMS
In any action against us arising from the use of this Website, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees. elevatED reserves the right to make changes to the Website, these policies, and these Terms and Conditions of Use at any time, effective immediately upon the posting on this Website. Please check these Terms and Conditions of Use periodically. In addition, these Terms and Conditions of Use may be modified only by our posting of changes to these Terms and Conditions of Use on this Website, or by signed, written agreement of both parties. Each time you access this Website, you will be deemed to have accepted any such changes. If any of these terms and conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions. These Terms and Conditions of Use are the entire Agreement between you and us relating to the subject matter herein. We may assign our rights and obligations under these Terms and Conditions of Use. These Terms and Conditions of Use will inure to the benefit of our successors, assigns, and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms and Conditions of Use, or to exercise any right under the Terms and Conditions of Use, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
Last Updated: November 25, 2020