TERMS & CONDITIONS
Effective as of September 23, 2019
This policy governs your use of the CAZ Training Club website and app (the “Website” and the “App”). The Website and App are designed to allow users to make class/series purchases, register for classes, book spots, buy merchandise, and communicate with CAZ Training Club (“CAZ Training Club”).
GENERAL STATEMENT ON PRIVACY, PERSONAL DATA, AND COMMUNICATIONS
If you use the Website or App, you are responsible for maintaining the confidentiality of your account, password, and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account and password.
When you visit the Website or App, or communicate with CAZ Training Club via email, you are communicating electronically. You consent to receive communications from CAZ Training Club electronically. CAZ Training Club will communicate with you by email or by posting notifications on the Website and App. You understand and agree that all agreements, notices, disclosures, and other communications that CAZ Training Club provides electronically satisfy any legal requirement that such communications be in writing.
USER PROVIDED INFORMATION
CAZ Training Club does not collect any personal information about individuals — such as names and postal codes, home addresses, and email addresses — except when such information is knowingly provided to CAZ Training Club. Personal information might be obtained from online transactions such as class/series purchases, retail purchases, and/or class registrations. Additionally, personal information may be transmitted as part of a form submission or in connection with other activities or services made available on the Website and App. Any personal identification information retrieved by CAZ Training Club must be voluntarily submitted by the user.
CAZ Training Club may use the information provided to contact you with important information, required notices, and marketing promotions.
AUTOMATICALLY COLLECTED INFORMATION
The Website and App collects some anonymous information about users automatically when individuals request pages through a browser. This information is used to keep track of the shopping cart and to help us monitor how individuals use the Website and App, which allows CAZ Training Club to provide an optimal experience and better service throughout the online offerings. The information collected automatically by the server does not contain anything that can identify individuals personally, such as an email or home address.
CAZ Training Club makes every effort to ensure that all of the transactions that occur on the Website and App are secure. We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve the Website and App. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
WHAT IS A SECURE CONNECTION?
Browsers such as Internet Explorer, Firefox, and Safari display an image of a locked padlock on their status bar when connected to a secure site. Google Chrome shows a green locked padlock on the far left side of the status bar when there is a secure SSL connection. Firefox colors the address bar yellow when connected to a secure site. Secure transactions are also indicated when the prefix in the location bar of your browser switches from http:// or https://. The additional ‘s’ stands for “secure” and indicates a secure connection to the CAZ Training Club website. If you do not see this padlock, if it is unlocked, or if the protocol in the location bar is not listed as https://, then any data exchanged with the website is potentially visible to others.
Depending on your browser, you may be able to view authentication information about a secure page by double-clicking on the padlock icon in the status bar. For more information on how your software establishes a secure connection, see the help files for your particular browser.
A cookie is a small text file that is sent to your browser from a website or app and stored on your computer’s hard drive. Cookies cannot read data from your hard disk or read cookie files that were created by other sites — the website or app that creates a cookie is the only one a browser will permit to access it.
HOW INFORMATION IS USED
The following are examples of how CAZ Training Club might use the personal information collected through the Website and App:
* If you purchase a CAZ Training Club series, sign up for a CAZ Training Club class, or purchase CAZ Training Club retail items, the required personal information (similar to that provided during a telephone or mail order purchase) will be used to complete your order.
* If you indicate that you are interested in receiving CAZ Training Club related news and information, you may receive emails to the email address you provided as part of the registration process.
For the non-personally identifiable information collected throughout the Website and App:
* Aggregate data could be analyzed to describe the collective characteristics and behaviors of online visitors, and subsequently be used to further optimize the effectiveness of the website and app and the overall CAZ Training Club experience.
You can help CAZ Training Club maintain the accuracy of your personal information by updating your account. Please update this information when you change your address, phone number, or email address. CAZ Training Club will never share telephone numbers, email addresses, or any personal data with third parties.
CAZ Training Club reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders, at its sole discretion.
PRIVACY OF MINORS
ASSUMPTION OF RISK, WAIVER, AND RELEASE (MINOR-UNDER 18) In consideration of the above-named minor (the “Minor”) being permitted to attend classes, activities and other programs and using the premises, facilities and equipment (individually and/or collectively, the “Classes and Facilities”) of HFF Investments, LLC and its subsidiaries (collectively “Caz Training Club”), I, for myself, and on behalf of the Minor identified above, the Minor’s heirs, personal representatives and/or assigns, represent, acknowledge, and agree as follows: I am the parent or legal guardian of the Minor. At all times, the Minor shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions. I am aware and acknowledge that there are certain inherent risks and dangers in circuit training and exercise and in using exercise equipment in association with the Classes and Facilities. I acknowledge and agree that Workouts:
- are a recreational sport activity; and
- May involve strenuous physical activity including, but not limited to, muscle strength and endurance training, cardiovascular conditioning and training, and other various fitness activities. I hereby affirm, and I affirm each time I participate in a Workout, that:
- Minor is in good physical condition and does not suffer from any known disability or condition which would prevent or limit Minor’s participation in this exercise program; and
- Minor is participating in the Workouts voluntarily and at Minor’s own risk.
Some of these risks cannot be eliminated regardless of the care taken to avoid injuries. The specific risks vary from one activity to another, but they 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. I am also aware and acknowledge that only customers (and no guests) are permitted in the studios during Classes. Thus, I understand that unless I also participate in the Class, the Minor will not be supervised by an adult while the Class is in session. Further, I am aware and acknowledge that there are health and safety risks associated with leaving an unsupervised minor customer at the Facilities. Injuries and harm to the Minor may arise in connection with “horseplay,” improper use of equipment, and access to and use of the locker and restrooms. At times when Minor is not in Class but is using the Facilities, I shall accompany Minor and supervise Minor at all times. I hereby take full responsibility for any and all property damage to the Facilities and any of its contents arising from the refusal of the Minor to follow all stated and customary terms, posted safety signs, rules, and verbal instructions, including any deliberate acts of damage and/or destruction by the Minor. If I, or the Minor, observe any hazard or other unreasonable risk factor, I will immediately bring it to the attention of the nearest Caz Training Club employee. If in the subjective opinion of the Caz Training Club staff, the Minor would be at physical risk participating in Caz Training Club’s Classes, I understand and agree that the Minor may be denied access to the Classes and Facilities until I furnish Caz Training Club with an opinion letter from the Minor’s medical doctor, at my sole cost and expense, specifically addressing Caz Training Club’s concerns, and stating that Caz Training Club’s concerns are unfounded. I hereby release, indemnify and hold harmless Caz Training Club, 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 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.
If you are under 18, you may register and use the Website and App only with the involvement of a parent or guardian. CAZ Training Club does not accept the online registration of minors; please do not attempt to register on the Website or App if you are under the age of 18.
A parent or guardian must sign waiver on behalf of a minor before the minor shall be permitted to participate in a class. A minor must be at least 15 years of age and at least 5 feet tall to participate in a class.
If CAZ Training Club discovers that personal information has been submitted by a minor without a signed participant/registration waiver, CAZ Training Club reserves the right to delete such information. CAZ Training Club does not seek or share personal information from minors throughout the Website or App.
I have read this Assumption of Risk, Waiver and Release Agreement (Minor-Under 18), fully understand its terms, and understand that I am giving up substantial rights including my and the Minor’s right to sue under certain circumstances. I acknowledge that I am signing this waiver freely and voluntarily. The term of this waiver is indefinite. VALUABLES AND PERSONAL PROPERTY: Customers and visitors to Caz Training Club are urged to avoid bringing valuables onto the Facilities. Caz Training Club shall not be liable for the loss of, theft of, or damage to the personal property of Minor and/or visitor, including items left in lockers, bathrooms, studios, or anywhere else in the Facilities. I acknowledge that no portion of any fees paid by me is in consideration for the safeguarding of valuables.
Caz Training Club reserves the right to deny access to any person Caz Training Club deems to be acting in an inappropriate or unsafe manner.
RESERVATIONS/CHARGES/CLASSES/ AND GIFT CARDS
In order to make a reservation, you must first buy a class, a pack of classes, or a membership. To buy an individual class, a pack of classes, or a membership, you can either sign up here by using your email and creating a password, or if you are already registered, click login to buy a series and make your reservation.
You should be aware that classes expire, and future prices are subject to change. We accept MasterCard, Visa, and American Express. Your credit/debit card will be charged for your order when you submit your reservation. CAZ Training Club will not process reservation charges that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that CAZ Training Club may incur in its efforts to collect any unpaid balances from you.
In addition to classes, class packs and memberships, you can also buy a gift certificate. CAZ Training Club’s gift certificates are called “gift cards”. Gift cards never expire and the person that you are giving them to can use his or her gift card(s) to buy classes or to buy any kind of merchandise. Once a class is purchased using a gift card, it will expire, just like any other class you buy. Gift cards and classes are not the same thing. Unlike gift cards or gift certificates, classes are for our regular group-fitness classes only. You cannot give classes to another as a gift. When you buy a class pass, you are only entitled to use that class to book a space in a particular CAZ Training Club fitness studio at a particular time. You cannot redeem your class for cash and you cannot transfer it to another user.
Classes do expire. The expiration dates are posted in the description of the class. Future class prices are subject to change, but CAZ Training Club will honor your class, class pack, or membership until the expiration date, regardless of whether there is a price increase in the interim. Your credit/debit card will be charged for your order when you buy your class, class pack, or membership, not when you book your class. CAZ Training Club will not process reservation charges that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that CAZ Training Club may incur in its efforts to collect any unpaid balances from you.
All introductory offers, promotions and discount codes are for one time use only per individual, unless expressly indicated to the contrary. CAZ Training Club reserves the right to charge the full price in the event you use an introductory offer, promotion or discount code on a duplicate basis to purchase a class, class pack, or membership of the same. Should CAZ Training Club charge you the full price your rights to then cancel such class or series and/or to receive a refund shall continue to apply in accordance with our standard cancellation and refund terms. CAZ Training Club also reserves the right in its discretion to immediately cancel all accounts linked to you in such circumstances.
Your safety and physical wellbeing is of primary importance to CAZ Training Club. In order to participate in a class it is mandatory for all participants to use athletic footwear [closed toed shoes]. CAZ Training Club reserves the right to refuse entry into a class if you chose not to wear such equipment. You will not be refunded for your class in such circumstances.
RIGHT TO CANCEL
You may cancel your purchase of one class, a class pack or membership at any time before midnight of the fifth business day after the date of your purchase, excluding Sundays and holidays. To cancel, mail, e-mail or deliver a signed and dated notice which states that you are canceling your purchase, and send it to email@example.com or CAZ Training Club, 100 W. Coast HWY#103, Newport Beach, CA 92663, Attention: Refunds. CAZ Training Club will refund the purchase price of your unused classes within ten days after we receive your notice of cancellation.
ADDITIONAL RIGHTS TO CANCEL
You or your representative may also cancel your purchase of a class, class pack, or membership for any of the reasons listed below. To do so, you must give us written notice, by e-mail or certified or registered mail to firstname.lastname@example.org or CAZ Training Club, 100 W. Coast HWY#103, Newport Beach, CA 92663, Attention: Refunds.
You may cancel your contract in any of the following circumstances. If you become disabled and, as a result, cannot physically participate in a class you have purchased, and your condition is verified by a doctor, CAZ Training Club will refund you the purchase price of your unused class or classes. If you die, CAZ Training Club will refund your representative the purchase price of your unused class or classes.
If you move your residence more than 25 miles from a CAZ Training Club studio location, you may cancel your purchase and CAZ Training Club will refund the purchase price of your unused class or classes. Depending upon where you live, you may be charged a cancellation fee. All such refunds subject to proof of change of mailing address.
If CAZ Training Club stops offering classes, you may cancel your purchase.
In addition to your rights of cancellation and refund if you wish to simply cancel a spot booked in a class or for rescheduling you may do so up until 12 hours before the applicable class start time, and in such case your class will be returned to your account to be used at a future date, subject to the applicable expiry date for such class or series of classes. You can cancel a reserved spot in the following ways:
1) Log into your account and, next to the class you wish to cancel, press “unreserve.”
2) Call the applicable studio where you have booked to cancel the class. A member of the CAZ Training Club team will then cancel the class on your behalf.
Please note, in fairness to all our clients, AVAILABLE SPOTS WILL BE RELEASED 5 MINUTES BEFORE A CLASS BEGINS to the CAZ Training Club waitlist.
FOR CLIENTS RUNNING LATE: There will be no entry into the studio five minutes after the class has started.
FOR CLIENTS LEAVING EARLY: If you’re planning on leaving early, we kindly request that you tell the instructor ahead of time.
FOR CLIENTS BOOKED FROM THE WAITLIST: Twelve hours prior to class, you may be booked from the waitlist by our system, as clients cancel. If you are booked from the waitlist, you are responsible for this reservation and standard cancellation policies apply.
Unwashed, unworn, and ticketed items can be returned within 30 days of purchase for an exchange or CAZ Training Club store credit only. Receipt or proof of purchase must accompany the return in order to process. All sale items and all accessories, including but not limited to bags and water bottles, are final sale unless otherwise stated.
Private Events & Class Blocks
Event & class block fees are due and payable at the time of booking and are non-refundable. All attendees must agree to these Terms and Conditions prior to attending the event. Any third party vendor that CAZ Training Club may permit you to bring into a CAZ Training Club studio as part of a private event must include CAZ Training Club as an additional insured to such party’s general liability insurance as a condition to the grant of such permission.
WAIVER AND RELEASE
By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment, including the use of treadmills and indoor bikes at certain of the CAZ Training Club locations (individually and/or collectively, the “Classes and Facilities”) of CAZ Training Club, its affiliates and its subsidiaries, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in running, exercise movements, and exercise equipment use in association with the Classes and Facilities. 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 CAZ Training Club staff, you would be at physical risk participating in CAZ Training Club’s Classes, you understand and agree that you may be denied access to the Classes and Facilities until you furnish CAZ Training Club with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing CAZ Training Club’s concerns and stating that CAZ Training Club’s concerns are unfounded. In consideration of being allowed to participate in and access the Classes and 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 CAZ Training Club, 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 CAZ Training Club’s Classes and 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 CAZ Training Club’s Classes and Facilities, and should not be participating in any Classes.
You have read and thoroughly understand the Caz Training Club Bike Safety Instructions that are posted on Caz Training Club’s Website. At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff.
VALUABLES AND PERSONAL PROPERTY: Clients acknowledge that they have been urged to avoid bringing valuables into and unto the Facilities and that CAZ Training Club shall not be liable for the loss of, theft of, or damage to personal property, including items left in lockers, bathrooms, studios, or anywhere else in the Facilities. Clients acknowledge that no portion of any fees paid by them is in consideration for the safeguarding of valuables.
ETIQUETTE: To preserve the CAZ Training Club integrity, Clients agree to abide by CAZ Training Club’s etiquette guidelines found on CAZ Training Club studio walls and on the Website and App. CAZ Training Club reserves the right to deny access to any person CAZ Training Club deems to be acting in an inappropriate or unsafe manner.
LINKS/THIRD PARTY WEBSITES
CAZ Training Club has not reviewed all the sites linked to the Website and App, and is not responsible for the content or any off-site pages or other linked sites. Although a third-party website or app may contain the CAZ Training Club logo, please understand that it is independent from CAZ Training Club, and that CAZ Training Club has no control over the content of that website and/or app.
Going to third party or off-site websites or apps from the Website or App is at your own risk. These links do not imply endorsement of, sponsorship of, or affiliation with CAZ Training Club.
INTELLECTUAL PROPERTY RIGHTS
The trademarks and trade dress of CAZ Training Club are proprietary to CAZ Training Club and may not be used by you for any reasons other than as expressly permitted by these terms. All Website and App content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are property of, or duly licensed to, CAZ Training Club. You have the right to view, electronically copy, and print in hard copy portions of the Website and App for the sole purpose of making class reservations, purchases, or other personal use.
Any other use of materials on the Website or App, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of CAZ Training Club, is strictly prohibited.
You acknowledge that CAZ Training Club and/or third-party content providers remain the owners of all Website and App materials, and that you do not acquire any of those ownership rights by downloading, copying, or using any such material in accordance with these Terms and Conditions. CAZ Training Club may discontinue or remove the Website or App, or any portion thereof, or discontinue your right to use the Website or App, or any portion thereof, at any time.
As between you and CAZ Training Club, you own all content that you submit to CAZ Training Club. You grant CAZ Training Club and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called “moral rights” in your content. You further grant all users of CAZ Training Club’s services permission to view your content for their personal, non-commercial purposes.
In participating in CAZ Training Club’s classes, you may be photographed, videoed or otherwise recorded by CAZ Training Club or third parties authorized by CAZ Training Club in its or such third parties producing of content which among other things CAZ Training Club or such third parties may use to advertise, report upon, market and/or promote CAZ Training Club and its services. You hereby consent to such usage of your imagery for all and any such purpose by CAZ Training Club and such third parties and hereby agree that CAZ Training Club and such third parties without any payment to you shall in all cases be the sole owner of all intellectual and other proprietary rights therein without any restriction whatsoever.
NOT AUTHORIZED TO PERFORM DATA MINING
You are not authorized without the prior written permission of CAZ Training Club to use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Website or App or accessed through this Website or App. You also may not engage in the mass downloading of files from this Website and App; use the computer processing power of this Website and App for purposes other than those permitted above; flood this site with electronic traffic designed to slow or stop its operation; or establish links to or from other websites or apps to this Website and App.
NOT AUTHORIZED TO USE THIS WEBSITE FOR COMMERCIAL PURPOSES
Users are not authorized to sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare derivative or second-hand works based on any of CAZ Training Club’s material in any way for any public or commercial purpose. Thus, you are not authorized to (i) resell or make commercial use of this site or its contents; (ii) collect or use any product listings, descriptions, photographs or prices displayed on this Website or App in connection with the sale or resale of any CAZ Training Club products or for other commercial purposes; or (iii) create, reproduce and/or distribute any materials derived from the content provided on this Website or App. Furthermore, CAZ Training Club’s material may not be displayed or communicated on any other website and/or app, in a networked computer environment or other digital support for any purpose whatsoever. In the event of breach of any of these Terms, your permission to use CAZ Training Club’s material will automatically terminate and any copies made of CAZ Training Club’s material must be immediately destroyed.
Any unauthorized use of CAZ Training Club’s material may violate state and federal criminal laws, infringe copyright laws, trademark laws, the laws of privacy or publicity, and communication regulations and statutes.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
In no event will CAZ Training Club be liable for any direct, indirect, special, or other consequential damages resulting from your use of the Website or App, or on any other linked/third-party website and/or app, including without limitation, any lost profits, business interruption, loss of programs, or other data on your information handling systems or otherwise, including any claims waived by you previously in this agreement even if CAZ Training Club expressly advised of the possibility of such damage.
All information is provided by CAZ Training Club on an “as is” basis only. CAZ Training Club provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.
CHOICE OF LAW
The Website and App, and your use hereof, is governed by the laws of the State of California, without regard to California’s choice of law provisions. Any claim arising out of your use of this Website and App must be brought in California.
Occasional changes may be made to this document as new services and content are added to the Website and App to reflect changes in CAZ Training Club’s policies. The Terms and Conditions may be revised at any time by updating this posting. By using the Website or App, you agree to be bound by any such revisions. Users of the Website and App are encouraged to check this document periodically to stay informed of current privacy guidelines.
ACCEPTANCE OF TERMS
By using the Website or App, you signify your acceptance of the Terms and Conditions. If you do not agree to this, please refrain from using the Website and App. Your continued use of the Website and App following the posting of changes to these terms will indicate your acceptance of those changes.
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 large groups of people. As the economy in many parts of the country begins to reopen pursuant to government guidelines, HFF Investments is pleased to be able reopen its studios to its members.
HFF Investments has put in place preventative measures to reduce the spread of COVID-19, in accordance with government recommendations; however, HFF Investments LLC cannot guarantee that I and/or my child(ren) will not become infected with COVID-19 as result of using the Facilities. Further, it is possible that using the Facilities could increase my and/or my child(ren)’s risk of contracting COVID-19.
BY SIGNING THIS AGREEMENT, I ACKNOWLEDGE THE CONTAGIOUS NATURE OF COVID-19 AND VOLUNTARILY ASSUME THE RISK THAT I AND/OR MY CHILD(REN) MAY BE EXPOSED TO OR INFECTED BY COVID-19 AS A RESULT OF USING THE FACILITIES, AND THAT SUCH EXPOSURE OR INFECTION MAY RESULT IN PERSONAL INJURY, ILLNESS, PERMANENT DISABILITY, AND DEATH. I UNDERSTAND THAT THE RISK OF BECOMING EXPOSED TO OR INFECTED BY COVID-19 WHILE USING THE FACILITIES MAY RESULT FROM THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF MYSELF AND/OR MY CHILD(REN) AND OTHERS, INCLUDING, BUT NOT LIMITED TO, HFF INVESTMENTS LLC’S EMPLOYEES AND OTHER MEMBERS OR PARTICIPANTS.
I VOLUNTARILY AGREE TO ASSUME ALL OF THE FOREGOING RISKS AND ACCEPT SOLE RESPONSIBILITY FOR ANY INJURY TO MYSELF AND/OR MY CHILD(REN) (INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DISABILITY, AND DEATH), ILLNESS, DAMAGE, LOSS, CLAIM, LIABILITY, OR EXPENSE, OF ANY KIND, THAT I AND/OR MY CHILD(REN) MAY EXPERIENCE OR INCUR IN CONNECTION WITH USING THE FACILITIES (“CLAIMS”). I HEREBY RELEASE, COVENANT NOT TO SUE, DISCHARGE, AND HOLD HARMLESS HFF INVESTMENTS LLC, 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. I UNDERSTAND AND AGREE THAT THIS RELEASE INCLUDES ANY CLAIMS BASED ON THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF HFF INVESTMENTS LLC, ITS EMPLOYEES, AGENTS, AND REPRESENTATIVES, WHETHER A COVID-19 INFECTION OCCURS BEFORE, DURING, OR AFTER MY AND/OR MY CHILD(REN)’S USE OF THE FACILITIES.
I FURTHER KNOWINGLY AND VOLUNTARILY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
THIS AGREEMENT PROVIDES HFF INVESTMENTS LLC WITH MY ABSOLUTE AND UNCONDITIONAL CONSENT, WAIVER, AND RELEASE OF LIABILITY ARISING OUT OF MY AND/OR MY CHILD(REN)’S USE OF THE FACILITIES. BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ AND I FULLY UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE HFF INVESTMENTS LLC FOR CLAIMS, WHETHER KNOWN OR UNKNOWN, WITH RESPECT TO COVID-19 AND ARISING OUT OF MY AND/OR MY CHILD(REN)’S USE OF THE FACILITIES.