TERMS & CONDITIONS
Effective as of September 23, 2019
These terms and conditions (the “Terms and Conditions”) are entered into by and between You and CAZ Training Club (“CAZ” or We”). The following terms and conditions, together with the CAZ Membership Agreement, govern the purchase of CAZ goods and the use of the CAZ’s services (“memberships” and “class packs”), facilities, website, and app (the “Website” and the “App”). The Website and App are designed to allow users to make class/membership purchases, register for classes, book spots, buy merchandise, and communicate with CAZ (“CAZ Training Club” and “CAZ Cycle”).
2.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 locations (individually and/or collectively, the “Classes and Facilities”) of CAZ Training Club, CAZ Cycle, 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 staff, You would be at physical risk participating in CAZ Classes, You understand and agree that You may be denied access to the Classes and Facilities until You furnish CAZ with an opinion letter from Your medical doctor, at Your sole cost and expense, specifically addressing CAZ’s concerns and stating that CAZ’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, 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’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’s Classes and Facilities, and should not be participating in any Classes.
You have read and thoroughly understand the CAZ Bike Safety Instructions that are posted on CAZ’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.
3.VALUABLES AND PERSONAL PROPERTY
Clients acknowledge that they have been urged to avoid bringing valuables into and unto the Facilities and that CAZ 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.
4.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” and “CAZ Cycle”), 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 employee. If in the subjective opinion of the CAZ staff, the Minor would be at physical risk participating in CAZ’s Classes, I understand and agree that the Minor may be denied access to the Classes and Facilities until I furnish CAZ with an opinion letter from the Minor’s medical doctor, at my sole cost and expense, specifically addressing CAZ’s concerns, and stating that CAZ’s concerns are unfounded. I hereby release, indemnify and hold harmless CAZ, 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 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 discovers that personal information has been submitted by a minor without a signed participant/registration waiver, CAZ reserves the right to delete such information. CAZ 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.
5.INTELLECTUAL PROPERTY RIGHTS
The trademarks and trade dress of CAZ are proprietary to CAZ 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. 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, is strictly prohibited.
You acknowledge that CAZ 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 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, You own all content that You submit to CAZ. You grant CAZ 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’s services permission to view Your content for their personal, non-commercial purposes.
6.GENERAL STATEMENT ON PRIVACY, PERSONAL DATA, AND COMMUNICATIONS
In participating in CAZ’s classes, You may be photographed, videoed or otherwise recorded by CAZ or third parties authorized by CAZ in its or such third parties producing of content which among other things CAZ or such third parties may use to advertise, report upon, market and/or promote CAZ and its services. You hereby consent to such usage of Your imagery for all and any such purpose by CAZ and such third parties and hereby agree that CAZ 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.
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 via email, You are communicating electronically. You consent to receive communications from CAZ electronically. CAZ 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 provides electronically satisfy any legal requirement that such communications be in writing.
7.USER PROVIDED INFORMATION
CAZ 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. 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 must be voluntarily submitted by the user.
CAZ may use the information provided to contact You with important information, required notices, and marketing promotions.
CAZ 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.
9.LINKS/THIRD PARTY WEBSITES
CAZ 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 logo, please understand that it is independent from CAZ, and that CAZ 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.
10.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’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.
12.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, ARISING OUT OF MY AND/OR MY CHILD(REN)’S USE OF THE FACILITIES.
You shall not assign any of your rights or delegate any of your obligations under this Agreement without the prior written consent of CAZ. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves You of any of your obligations under this Agreement.
In addition to any remedies that may be provided under these Terms and Conditions, CAZ may terminate these Terms and Conditions with immediate effect at any time without cause.
If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
17.CHANGES TO TERMS AND CONDITIONS
We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when We post them.
Your continued use of CAZ’s services following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check the Website frequently so you are aware of any changes, as they are binding on you.