LIABILITY WAIVER

GENERAL ASSUMPTION OF RISK & LIMITATION OF LIABILITY

By signing this contract, enrolling online, and participating in classes, events, activities, shopping, cafe services, and/or other programs of ATHLEISURE COLLECTIVE (d/b/a AC and AthCo) whether online, in ATHLEISURE COLLECTIVE’s physical space, or using ATHLEISURE COLLECTIVE’s equipment (collectively, ATHLEISURE COLLECTIVE’s “Services”), you hereby acknowledge and agree, on behalf of yourself, your heirs, personal representatives, and/or assigns (collectively “you” and/or “yourself”) that (a) there are certain inherent risks and dangers in the nature of ATHLEISURE COLLECTIVE’s AC ON DEMAND program, athletic & leisure classes, shopping, cafe services, and all services offered by AC (b) you have voluntarily chosen to participate in AC’s offered services, (c) you are solely responsible for determining whether you are physically and mentally fit and/or adequately skilled to participate in ATHLEISURE COLLECTIVE’s offerings (before, during, or for future offerings). You understand that ATHLEISURE COLLECTIVE strongly recommends that you consult with your physician prior to commencing any workout or eating regimen, or before participating in any of AC’s offered services, (d) you have been fully informed of the risks from participating in ATHLEISURE COLLECTIVE’s offerings and the possibility of adverse physiological and psychological occurrences including, but not limited to, abnormal blood pressure, fainting, heart attack, and/or death; and that your risks may be aggravated if you are pregnant, suffer from an underlying medical condition, take medication, smoke cigarettes have a family history of coronary disease, or have recently suffered an illness, injury or impairment. and (e) you assume all risk for your health and well-being, and fully release and hold harmless for any responsibility, cost, or damages ATHLEISURE COLLECTIVE, its instructors, its members, and its employees for any injury, harm, or loss you may suffer, including death, as a result of participation in any ATHLEISURE COLLECTIVE Services.

If you are enrolling a minor (15-18) years of age, or older if applicable in the minor’s state of residence, the above release applies equally to said minor. No one under 15 years of age may participate. A minor 15-18 years of age may participate only with a parent or legal guardian present

SPECIAL LIMITATION OF LIABILITY DURING THE CORONAVIRUS/COVID-19 PANDEMIC

ATHLEISURE COLLECTIVE takes the Coronavirus pandemic very seriously and has put in place preventative measures to help reduce the spread of COVID-19; however, ATHLEISURE COLLECTIVE cannot guarantee that you, your family, and/or your guests will not become infected with COVID-19. It is possible that attending classes, events, and/or activities at or with ATHLEISURE COLLECTIVE may place you in close physical contact with other members, attendees, and staff and could increase the risk that you, your family members, and/or your guests contract COVID-19. You acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you, your family members, and/or your guests may be exposed to or infected by COVID-19 at a ATHLEISURE COLLECTIVE studio and that such exposure or infection could result in personal injury, illness, permanent disability, and/or death. You understand that the risk of becoming exposed to or infected by COVID-19 at ATHLEISURE COLLECTIVE may result from the actions, omissions, or negligence of yourself or others, including, but not limited to, ATHLEISURE COLLECTIVE’s employees and members.

By signing this document, enrolling online, and/or attending in person classes, events, activities, and other programs and/or entering ATHLEISURE COLLECTIVE’s facilities, to the extent allowed by applicable law, you voluntarily agree, on behalf of yourself, your heirs, personal representatives and/or assigns, and any minor child you may enroll: (a) to assume all of the foregoing risks related to COVID-19 and accept sole responsibility for any COVID-19 related injury, illness, damage, loss, claim, liability, or expense of any kind (including, but not limited to, personal injury, disability, and/or death) that may occur to you or your family members in connection with attendance at ATHLEISURE COLLECTIVE facilities or as a result of participation in ATHLEISURE COLLECTIVE’s Services (“Claims”), and (b) covenant not to sue ATHLEISURE COLLECTIVE, its instructors, clients, and employees for the Claims, including all liabilities, claims, actions, damages, costs, or expenses of any kind arising out of or relating thereto based on the actions, omissions, or negligence of ATHLEISURE COLLECTIVE, its instructors, its members, and its employees, whether a COVID-19 infection occurs before, during, or after entering ATHLEISURE COLLECTIVE’s facilities or participating in any of ATHLEISURE COLLECTIVE’s Services. You also acknowledge that some states do not allow waiver of certain types of risks so the above limitations may not all apply to you. 

NON-RECORDING OF AC ON DEMAND AND LIVE IN-PERSON/ONLINE CLASSES & EVENTS AGREEMENT

You acknowledge and agree that any type of recording or transmission (video, audio, still photography, streaming, social media posting, etc.) of any of ATHLEISURE COLLECTIVE online & in-person classes, AC ON DEMAND content, events, and other services whether in person or online, is strictly prohibited without the prior written consent of an authorized corporate officer of ATHLEISURE COLLECTIVE. ATHLEISURE COLLECTIVE’s teams and instructors are not authorized to provide consent. This includes even a temporary recording/transmission of ATHLEISURE COLLECTIVE’s, online & in-person classes, AC ON DEMAND content, events, and other services offered via online platforms such as SnapChat, Facebook, or Instagram, etc.. You are, however, permitted to record and post lawful, non-offensive content related to your participation in a ATHLEISURE COLLECTIVE online or in-person class before and/or after a class with the consent of each participant who is identified in your content. 

Any violation of this policy is grounds for exclusion from future participation in any ATHLEISURE COLLECTIVE classes. You further agree to indemnify, defend, and hold harmless ATHLEISURE COLLECTIVE, its officers, directors, employees, agents, and instructors, from and against any claims, lawsuits or other actions, and all resulting loss, damage, or cost of any kind (including reasonable attorneys’ fees) resulting from your violation of this policy.

RIGHT TO USE 

You grant ATHLEISURE COLLECTIVE permission to use some or all of your name, visual likeness, voice recording, graphics, photographs or other artwork and any other information you provide to ATHLEISURE COLLECTIVE or its employees, agents,  instructors, etc (for simplicity, these items will be referred to as “Materials”) in one or more of its content, products and advertising, in any form or format now known or hereafter created, and distributed or made available throughout the world in perpetuity, without compensation to or further approval from you. You understand and agree that ATHLEISURE COLLECTIVE shall be the exclusive owner of its products, content and advertising, including those containing the Materials, and that you are not entitled to any remuneration for such use. Aside from the use of Materials for the purposes referenced above, ATHLEISURE COLLECTIVE’s use of personal information is governed by its Privacy Policy, accessible at www.athleisurecollective.com/privacypolicy. 

NON-HARASSMENT POLICY

ATHLEISURE COLLECTIVE disapproves of any unwelcome, inappropriate, and/or offensive conduct by its personnel or its members. If you believe you have been subject to unwelcome, inappropriate, and/or offensive conduct by any ATHLEISURE COLLECTIVE personnel or any ATHLEISURE COLLECTIVE member, including while participating in a ATHLEISURE COLLECTIVE AC ON DEMAND or online class, at a ATHLEISURE COLLECTIVE facility, or any other ATHLEISURE COLLECTIVE-related context, we encourage you to clearly and promptly tell the person engaging in the conduct that the conduct is unwelcome and offensive (if you are comfortable doing so). We also ask that you promptly notify a member of the studio team if the harassment takes place in a studio or email the ATHLEISURE COLLECTIVE team at hello@athleisurecollective.com if the harassment takes place digitally or if you feel more comfortable reporting the harassment by email.

When making a report or complaint, we strongly recommend that you provide as much specific information as possible in writing, including the following regarding each alleged incident: date, time, place (specify studio location or time/type of virtual class), names of any witnesses, what was said or done, and any other relevant surrounding facts/circumstances.

ATHLEISURE COLLECTIVE will strive to appropriately investigate any reported incidents and seek to provide due process for all parties. ATHLEISURE COLLECTIVE’s responsive actions, however, cannot be known in advance since they will vary depending upon the nature of the allegations and the outcome of the investigation. ATHLEISURE COLLECTIVE strives to maintain confidentiality throughout the investigative process to the extent practicable. However, our duty to investigate and take corrective action as appropriate may require the disclosure of certain information, and therefore, confidentiality cannot be guaranteed. 

Any disputes or complaints not resolved via this complaint process will be subject to the Arbitration of Disputes Agreement below.

ARBITRATION OF DISPUTES AGREEMENT

PLEASE READ THE FOLLOWING CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT  

If you and ATHLEISURE COLLECTIVE do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued over a dispute arising out of this agreement, either party may initiate binding arbitration. All claims arising out of or relating to your use of the Services (including the formation, performance, and breach of this arbitration agreement), your and our relationship and/or your use of the Services shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) Consumer Arbitration Rules and Mediation Procedure (“AAA Rules”), excluding any rules or procedures governing or permitting class actions. 

Each party will have the right to use legal counsel in connection with arbitration at its own expense. You and ATHLEISURE COLLECTIVE shall select a single neutral arbitrator in accordance with the AAA Rules. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on you and us, and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this arbitration agreement and all other agreements between you and ATHLEISURE COLLECTIVE shall be subject to the Federal Arbitration Act.

The current AAA rules governing consumer arbitration may be accessed at https://www.adr.org/Consumer. Updated copies of the rules are available for review from the AAA’s website at www.adr.org.

If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), ATHLEISURE COLLECTIVE will pay the additional cost. If ATHLEISURE COLLECTIVE is required to pay the additional cost of the filing fees, you should submit a request for payment of fees to AAA along with your form for initiating the arbitration, and ATHLEISURE COLLECTIVE will arrange to pay all necessary fees directly to AAA. ATHLEISURE COLLECTIVE will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel, and other out-of-pocket costs and expenses not constituting fees or amounts payable to AAA. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration.

You and ATHLEISURE COLLECTIVE understand that absent this mandatory provision, you and ATHLEISURE COLLECTIVE would have the right to sue in court and have a jury trial. You and ATHLEISURE COLLECTIVE further understand that the right to discovery may be more limited in arbitration than in court.

CLASS ACTION AND CLASS ARBITRATION WAIVER. 

You and ATHLEISURE COLLECTIVE each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class, collective, or representative (“Class”) action, and you and ATHLEISURE COLLECTIVE each expressly waive our respective right to file a Class action or seek relief on a Class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a Class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and you and ATHLEISURE COLLECTIVE shall be deemed to have not agreed to arbitrate disputes.

Exception – California Private Attorneys General Act (PAGA) Action. Notwithstanding your and our agreement to resolve all disputes through arbitration, either you or we may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act.

Exception – Small Claims Court Claims. Notwithstanding your and ATHLEISURE COLLECTIVE’s agreement to resolve all disputes through arbitration, either you or ATHLEISURE COLLECTIVE may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

14 DAY RIGHT TO OPT-OUT. 

You have the right to opt-out and not be bound by the arbitration and Class action waiver provisions set forth above by sending written notice of your decision to opt-out by emailing us at hello@athleisurecollective.com and providing the following information: (i) your name, (ii) your mailing address; (iii) a statement of your wish not to resolve disputes with ATHLEISURE COLLECTIVE through arbitration. The notice must be sent within fourteen (14) days of your agreement to the Terms of Use, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Section. If you opt-out of these arbitration provisions, ATHLEISURE COLLECTIVE will also not be bound by them.

EXCLUSIVE VENUE FOR LITIGATION AND GOVERNING LAW. 

To the extent that the arbitration provisions set forth above do not apply or if you have opted out of arbitration, you and ATHLEISURE COLLECTIVE expressly consent that any litigation between you and us shall be filed exclusively in state of Washington or federal courts located in and governed by the laws of the State of Washington (except for small claims court actions which may be brought in the county where you reside) or, if in connection with ATHLEISURE COLLECTIVE’s AC ON DEMAND product or other online products/services, the state in which the content was consumed, without giving effect to any principles of conflicts of law. In the event of litigation, you and ATHLEISURE COLLECTIVE agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.

FOR VOLUNTARY PARTICIPATION 

You acknowledge and agree that your participation in ATHLEISURE COLLECTIVE activities and/or classes and your use of ATHLEISURE COLLECTIVE Equipment is purely recreational, voluntary and of your own free will. To the fullest extent permitted by law, in addition to the release in the preceding paragraph, you agree to fully release and discharge the ATHLEISURE COLLECTIVE Parties from all liability from any injuries, damages or loss, regardless of severity, that you may sustain as a result of said participation. By participating in any activities and/or visiting ATHLEISURE COLLECTIVE premises you agree and acknowledge that you have read and fully understand the above important information, warning of risk, authorization, assumption of risk, and waiver and general release of all claims. 

AUTHORIZATION: 

In the event of any emergency, you authorize ATHLEISURE COLLECTIVE to secure from any accredited hospital and/or physician any treatment deemed necessary for your immediate care and agree that you will be solely and personally responsible for payment for any and all medical services rendered and for the cost of travel to and from the place of medical treatment. I represent that: I am at least 18 years old, I meet ATHLEISURE COLLECTIVE height and weight restrictions (as posted in the physical space or made available by ATHLEISURE COLLECTIVE staff); and I have no health-related conditions that could affect my participation in ATHLEISURE COLLECTIVE activities and/or classes. I have read and fully understand the above important information, warning of risk, authorization, assumption of risk, and waiver and general release and discharge of all claims. 

PARTICIPANT’S NAME AND SIGNATURE: 

Print Name: _______________________________________ 

Signature: _______________________________________ 

Date: _______________________________________ 

Emergency Contact Information Name: _______________________________________

Relationship to Participant: _______________________________________ 

Phone and Email: __________________________________________________________________________________________

***By participating in and attending any ATHLEISURE COLLECTIVE event, class, activity, or anything with or at ATHLEISURE COLLECTIVE’s properties; it’s assumed you acknowledge and agree to this Liability Waiver even if you do not sign or respond.