Terms and conditions for Vie Home Access
VIE ATHLETICS
ASSUMPTION OF RISK - WAIVER - RELEASE & INDEMNITY AGREEMENT
In consideration of being permitted to participate in any activity organized, administered or sponsored by GOLDEN DOODLE, LLC, a Washington limited liability company, doing business as VIE ATHLETICS (hereinafter “Vie Athletics”), I agree that:
1. ASSUMPTION OF RISK. I am aware that there are significant risks involved in participating in both in-person and online physical training sessions, classes, events, activities and other programs (“the Session” or “Sessions”) offered by Vie Athletics and using premises, facilities, and equipment (the “Studio”) rented, owned, or operated, whether in-person or a virtual setting online, by Vie Athletics. These risks include but are not limited to heart attack, stroke, paralysis, blindness, permanent disability, serious bodily injury, and death. I understand that Sessions offered by Vie Athletics may involve strenuous cardiovascular activities, heavy weightlifting, arduous pulling, pushing, inverted positions, running, climbing, and other cross-training exercises which may subject my body to considerable strain and expose me to the risk of serious injury. I understand that I will be training in a group environment with other persons of various skill levels and that I may be exposed to serious injury or death due to the intentional, negligent, or accidental acts of other persons. I understand that the training work-outs, regimens, and direction provided by Vie Athletics, its employees and independent contractors, will include activities, which even if performed properly, may subject me to the risk of serious bodily injury or death, and while I acknowledge that I am not obligated to participate in any particular exercise or activity offered by Vie Athletics, I accept and assume full responsibility for any and all risks associated with my participation in Vie Athletics Sessions regardless if I am training in-person or remote, with or without an instructor present and supervising. By signing below, I assume all risk for my health and wellbeing, and I acknowledge that I have voluntarily chosen to participate in a program of intense strenuous physical exercise. I further acknowledge that I have been informed of the strenuous nature of the program and the potential for serious injury and conditions, including, but not limited to, abnormal blood pressure, rhabdomyolysis, fainting, heart attack, stroke, paralysis, and death. With my full understanding of the above information, I HEREBY ASSUME ANY AND ALL RISK ASSOCIATED WITH MY PARTICIPATION IN VIE ATHLETICS SESSIONS, INCLUDING THE RISKS OF SERIOUS BODILY INJURY AND DEATH. FURTHER, I FULLY ACCEPT AND ASSUME ALL RESPONSIBILITY FOR ANY LOSSES, COSTS, EXPENSES, LIABILITIES AND DAMAGES INCURRED AS A RESULT OF OR IN CONNECTION WITH MY PARTICIPATION IN VIE ATHLETICS PROGRAMS AND CLASSES.
2. WAIVER AND RELEASE. In consideration for the opportunity to participate in Vie Athletics’ Sessions, I HEREBY FOREVER WAIVE, RELEASE, AND DISCHARGE VIE ATHLETICS, as well as any of its members, owners, employees, or other authorized agents, including independent contractors, from any and all claims, demands, damages, lawsuits, liabilities, losses, liens, damage or loss to my property, expenses and costs arising out of my participation in Sessions offered by Vie Athletics.
3. HOLD HARMLESS AND INDEMNITY. In consideration for the opportunity to participate in Vie Athletics Sessions, and to the maximum extent permitted by applicable law, I HEREBY AGREE TO FOREVER HOLD HARMLESS, DEFEND, AND INDEMNIFY VIE ATHLETICS, as well as any of its members, owners, employees, or other authorized agents, including independent contractors, (each a “Releasee”) from any and all claims, demands, damages, lawsuits, liabilities, losses, liens, expenses and costs (“Claims”) arising from my participation in Sessions offered by Vie Athletics. This indemnification shall extend to and include all attorneys’ fees and costs, and the cost of establishing the right of indemnification hereunder in favor of Vie Athletics. This indemnification shall survive the termination or expiration of my membership with Vie Athletics. To the maximum extent permitted by applicable law, this Indemnity shall extend to all Claims arising from my actions and omissions, as well as to all actions and omissions of each Releasee, and shall include all Claims arising in part or in whole from the negligence of each Releasee, including any negligent rescue operation.
4. PHYSICAL ACTIVITY READINESS STATEMENT AND RELEASE. I hereby certify that I know of no medical problems that would increase my risk of illness and injury as a result of my participation in the Sessions offered by Vie Athletics. I acknowledge that the owners, employees, and independent contractors of Vie Athletics are not medical professionals and are not licensed or obligated to provide me with any medical diagnosis, detection, assistance, or guidance related to any illness or injury I may have now or in the future. Further, I acknowledge that any assistance or suggestions provided to me Vie Athletics, its employees and independent contractors, and related to any illness or injury I may have, does not constitute the opinion of a medical professional and merely constitutes friendly advice, and in all cases, I should seek a licensed medical professional for counsel and treatment related to any illness or injury. I take full responsibility for any known or unknown medical conditions which I may have and I hereby warrant that to the best of my knowledge that I am fit to participate in this classes and programs offered by Vie Athletics. I hereby certify if (1) my doctor has ever said I have a heart condition and that I should only do physical activity recommended by a doctor, (2) I have ever felt pain in my chest when I do physical activity, (3) I have lost my balance because of dizziness or lost consciousness, (4) I have a bone or joint problem (for example, neck, shoulder, back, knee or hip) that could be made worse by a change in my physical activity, or (5) I know of any other reason why I should not do physical activity, I HAVE CONSULTED WITH MY DOCTOR BEFORE PARTICIPATING IN SESSIONS OFFERED BY VIE ATHLETICS. I have read and fully understand the contents, meaning, and impact of the foregoing release, and by signing this document, I hereby agree to all terms stated herein.
5. PHOTOGRAPH & VIDEO RELEASE – PROHIBITION OF DISSEMINATION. In consideration for the opportunity to participate in in-person and online Sessions offered by Vie Athletics, and other good and valuable consideration, receipt of which is hereby acknowledged and received, I hereby grant Vie Athletics, its employees, agents, independent contractors, licensees, successors, and assigns ("Agents") the full irrevocable right and permission to take pictures, portraits, videos, digital images, or photographs of me or in which I may be included (the "Photographs") and use, reuse, publish, republish, reproduce, edit, alter, and otherwise exploit the Photographs, in whole or in part and in conjunction with my name for any lawful purpose whatsoever including in, on, or in connection with any advertising and publicity in connection with Vie Athletics (“Photograph Use”). I hereby grant and assign to Vie Athletics and its Agents all right, title, and interest in and to the Photographs, including, but not limited to, all rights under copyright law. I understand and agrees that the Photographs and any associated negatives shall be the sole property of Vie Athletics and that I shall have no right to: (i) inspect or approve the Photographs; (ii) inspect or approve any text, graphics, images, or other content created in connection with or combined with the Photographs; or (iii) receive any royalties or other compensation arising from or related to the Photograph Use. I further agree to release, discharge, and hold harmless Vie Athletics and its Agents from any and all damages, liabilities, costs, expenses, claims, and/or judgments of any kind or nature whatsoever arising from the Photograph Use, including, but not limited to, those based on copyright infringement, invasion of privacy, right of publicity, libel, defamation, or false light, or resulting from any alteration, blurring, optical illusion, use in composite form, distortion, or other modification that may occur, intentionally or otherwise, in connection with taking the Photographs, processing the Photographs, or the Photograph Use. I agree I am the intended recipient of the Session, which, in some instances may include pictures, portraits, videos, digital images, or other digital training materials (“Training Materials”) provided to me by Vie Athletics. I agree access to such Training Materials is for my personal use only. I agree I will not upload any Training Materials provided to me by Vie Athletics to any online forum including , but not limited to, personal websites, YouTube, Facebook, Instagram, or social media. I agree not to video any part of Vie Athletic’s Sessions or Training Materials without express written consent of Vie Athletics and to not share, copy, video, summarize, or reproduce in any way the Training Materials received as they are protected under the United States copyright laws, including the U.S. Copyright Act of 1976. I acknowledge and agree this release is binding on my heirs, legal representatives, and assigns. I further represent that the rights granted under this release will not conflict with or violate any other commitment I may have with any other party. I have read and fully understand the contents, meaning, and impact of the foregoing release, and by signing this document, I hereby agree to all terms stated herein. If signed on behalf of a minor, all promises made herein shall be enforceable against the minor and the signatory, unless otherwise required by applicable law.
6. I have read this agreement, fully understand its terms and understand that I have given up substantial rights by signing it. I have signed this agreement freely and without any inducement or assurance of any nature, and intend it to be a complete and unconditional release of all claims and liability to the greatest extent allowed by law, and agree that if any term or condition herein is held to be invalid or unenforceable for any reason, that all other terms and conditions thereof shall continue in full force and effect. If signed on behalf of a minor, all promises made herein shall be enforceable against the minor and the signatory, unless otherwise required by applicable law.
Vie Cancellation Policy:
I understand I am making a purchase for a month to month membership.
I understand I must notify Vie Athletics by email (support@vieathletics.com) on or before the 20th before the next billing cycle to cancel the membership. Billing will take place on the first of every month.
I understand I must send the email from a valid email address to have my account adjusted for any reason, and CANNOT use the contact page on the website. This ensures both a send and receipt copy of the email notification. I understand that this is the only way I can cancel my membership.
I agree that no exceptions will be made to this policy for any reason, including but not limited to: moving, financial situations, injuries, or anything else not explicitly mentioned here. And by "no exceptions", I understand that "no exceptions" means even if I think this policy should apply differently to myself and my situation, Vie Athletics cannot make an exception for anyone lest Vie Athletics makes an exception for everyone.
I understand this is a simple, but strict, cancellation policy.