DISCLAIMER: Zoom workout classes and all other activities offered via an electronic medium are offered strictly for personal, non-commercial use by the Addison-Penzak Jewish Community Center of Silicon Valley (“APJCC”). You are responsible for exercising within your limits and assume all risk of injury to your person or property. To the extent permitted by law, the APJCC and its affiliates disclaim any and all liability in connection with the exercises and any instructions and advice provided. Consult your physician before attempting any exercise, and follow his or her advice. Do not attempt these exercises if you have a history of chest pain, knee, ankle, wrist, shoulder, joint, or spinal (back or neck) problems or injuries. If at any time you feel you are exercising beyond your current fitness abilities, or you feel discomfort, pain, dizziness, or nausea, you should discontinue exercising immediately.
Assumption of Risk, Release and Waiver of Liability; Indemnity and Arbitration
Section 1. Assumption of Risk, Release and Waiver of Liability and Indemnity
User, for him and/or herself and on behalf of his or her minor children, if any (collectively, the “User”), acknowledges that, prior to engaging in any online fitness or activity classes sponsored by APJCC, the User has been advised to consult with and receive the approval of a physician. User knows, understands and appreciates the risks of online fitness and activity classes, including but not limited to loss of or damage to personal property, serious or catastrophic personal injuries and/or death. User confirms that he/she is voluntarily participating in APJCC’s online fitness and activity classes and User hereby expressly assumes all risk that he/she may suffer personal, bodily or mental injury and/or death, economic loss and/or damage as a result of his/her participation in APJCC online fitness and activity classes. User acknowledges and agrees that he/she is solely responsible for his/her safe and responsible participation in APJCC online fitness and activity classes. In consideration for being permitted to enroll in APJCC online fitness and activity classes, on behalf of him/herself and his/her spouse, unborn children, heirs, representatives, guardians, distributees, successors and assigns (the “User Parties”) User Parties hereby release and discharge the APJCC, the Jewish Federation of Silicon Valley, each of their contractors and all of the board members, members, officers, employees, agents and assigns of the foregoing, including their affiliated organizations, (the “APJCC Parties”) from any and all claims, causes of action or liability for any damages to and/or loss of property, injuries and/or death User may suffer , resulting from User’s participation in APJCC online fitness and activity classes, whether or not the same arises out of or results from any act, omission and/or conduct of any of the APJCC Parties, negligent or otherwise. In addition, User agrees to hold harmless, indemnify and defend the APJCC Parties from all claims, demands, causes of action or liability for any loss, damage, and/or injury to persons or property arising from or relating to User’s participation in APJCC online fitness and activity classes, including without limitation attorney’s and expert’s fees, expenses, costs and all consequential damages, whether or not resulting from any act, omission or conduct of any of the APJCC Parties. USER ACKNOWLEDGES THAT HE/SHE HAS CAREFULLY READ THIS AGREEMENT AND IS AWARE THAT IT CONTAINS A WAIVER AND RELEASE OF LIABILITY AND THAT USER IS GIVING UP SUBSTANTIAL RIGHTS, INCLUDING HIS/HER RIGHT TO SUE. USER UNDERSTANDS THIS IS A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
Section 2. Arbitration
USER AGREES TO RESOLVE ANY AND ALL CLAIMS, DISPUTES OR CONTROVERSIES ARISING OUT OF OR RELATING TO USER’S PARTICIPATION IN APJCC ONLINE FITNESS AND ACTIVITY CLASSES EXCLUSIVELY BY FINAL AND BINDING ARBITRATION USING THE AMERICAN ARBITRATION ASSOCIATION’S (AAA) COMMERCIAL ARBITRATION RULES. THIS INCLUDES, BUT IS NOT LIMITED TO, CLAIMS RELATED TO FEE DISPUTES, PERSONAL INJURY, DEATH AND ANY OTHER CLAIM WHICH MAY BE ASSERTED UNDER THE LAW OF CONTRACT AND/OR LAW OF TORT AND/OR ASSERTING A PUBLIC POLICY OR CONSTITUTIONAL CLAIM. THE LAWS OF STATE OF CALIFORNIA SHALL GOVERN THE DISPUTE. DISCOVERY PROVISIONS OF CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 1283.05 ET. SEQ. SHALL APPLY TO ANY ARBITRATION.