Agreement To Participate and Assumption of Risk
By signing up for and/or attending classes, training, walking groups, events, activities, and other programs and using the premises or designated location, facilities and equipment (individually and/or collectively, the “Classes” and “Facilities”) of Endeavor Palm Springs LLC, dba. “Endeavor with Jase”, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in group fitness classes, walks and exercise equipment in association with the Classes, Facilities, Public Streets and Parks.
You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death.
At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff. If in the subjective opinion of the Endeavor with Jase’s staff, you would be at physical risk participating in Endeavor with Jase’s classes or training, you understand and agree that you may be denied access to the Classes and Facilities until you furnish Endeavor with Jase with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing Endeavor with Jase’s concerns and stating that Endeavor with Jase’s concerns are unfounded.
In consideration of being allowed to participate in and access the classes, training and designated facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Classes and Facilities, (2) release, indemnify, and hold harmless Endeavor with Jase, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or use of the Facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of Endeavor with Jase’s classes, training and designated facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using Endeavor with Jase’s Classes and Facilities, and should not be participating in any Classes.
Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.
Endeavor with Jase has put in place aggressive preventative measures to reduce the spread of COVID-19. However, there is no guarantee that you or any member/instructor of Endeavor with Jase will not become infected with COVID-19. Further, attending classes or training could increase your risk of contracting COVID-19.
You acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you MAY be exposed to or infected by COVID-19 by participating in Endeavor with Jase’s Services and that such exposure or infection may result in personal injury, illness, permanent disability, and death. You understand that the risk of becoming exposed to or infected by COVID-19 at the studios may result from the actions, omissions, or negligence of myself and others, including, but not limited to, studio employees, instructors, and staff.
You voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to yourself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that you may experience or incur in connection with my attendance at Endeavor with Jase (“Claims”). You hereby release, covenant not to sue, discharge, and hold harmless Endeavor with Jase, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. You understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Endeavor with Jase, its instructors, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Endeavor with Jase program.
You expressly agree to indemnify and hold the company harmless against any and all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from injuries or damages sustained by me or my guest.
You agree to be solely responsible for the safety and well-being of yourself.
You agree to comply with all rules imposed by Endeavor with Jase regarding the use of the designated facilities or location and equipment.
You agree to conduct yourself in a controlled and reasonable manner at all times according to the safety and general operating protocols clearly outlined by Endeavor with Jase. You also agree to refrain from using any equipment in a manner inconsistent with its intended design and purpose.
You understand and agree that the company is not responsible for property that is lost, stolen, or damaged while in, on, or about the premises.
CONDUCT/DAMAGES: Endeavor with Jase is committed to the health, safety, and welfare of each of its clients/students and will not tolerate unreasonable, threatening, obscene, harassing, disruptive, indecent or illegal behavior. Members who do not observe Endeavor with Jase’ rules and regulations. Endeavor with Jase has the right to judge behavior and respond accordingly. Not all rules and regulations are listed in this agreement. Endeavor with Jase reserves the right to add, change or remove rules, conditions of membership, hours of operation, and all services and facilities/locations offered by Endeavor with Jase.
PHOTO/VIDEO RELEASE: You hereby grant Endeavor with Jase, its representatives, employees, or agents the right to take photographs and video footage of you and your property while at Endeavor with Jase and to use and publish these photos or videos in print and/or electronically. You agree that Endeavor with Jase may use photographs or video footage of you with or without your name for any lawful purpose, including for such purposes as publicity, illustration, advertising and web content.
Collection of your Personal Information
Endeavor with Jase may collect anonymous demographic information, which is not unique to you, such as your:
We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services. These may include: (a) registering for an account; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.
Sharing Information with Third Parties
Endeavor with Jase does not sell, rent or lease its customer lists to third parties.
Endeavor with Jase may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Endeavor with Jase, and they are required to maintain the confidentiality of your information.
Endeavor with Jase may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Endeavor with Jase or the site; (b) protect and defend the rights or property of Endeavor with Jase; and/or (c) act under exigent circumstances to protect the personal safety of users of Endeavor with Jase, or the public.
Right to deletion
Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
• Delete your personal information from our records; and
• Direct any service providers to delete your personal information from their records.
Please note that we may not be able to comply with requests to delete your personal information if it is necessary to:
• Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
• Debug to identify and repair errors that impair existing intended functionality;
• Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
• Comply with the California Electronic Communications Privacy Act;
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
• Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
• Comply with an existing legal obligation; or
• Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
Children Under Thirteen
Endeavor with Jase does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this application.
From time to time, Endeavor with Jase may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. In order to improve our Services, we may receive a notification when you open an email from Endeavor with Jase or click on a link therein.
If you would like to stop receiving marketing or promotional communications via email from Endeavor with Jase, you may opt out of such communications by clicking on the UNSUBSCRIBE button..
Changes to this Statement
Effective as of January 01, 2022