Terms and Conditions
Assumption of Risk, Release, Waiver of Liability, and Indemnification
We recommend that all participants obtain a physical examination or otherwise consult a physician prior to initiating any exercise program. You understand and agree that there is a risk of serious injury or other harm associated with participation in any exercise program, which may occur during or following training and/or exercise. In recognition of the dangers existing in any strenuous physical activity, by signing this Agreement, you understand, acknowledge, agree, and hereby voluntarily accept all risk and responsibility associated with the services provided and use of any of the equipment and facilities related to the Vivo program. You acknowledge that it is your responsibility to disclose any medical condition or medication that could limit or prevent you from performing physical activity. You acknowledge that we may require you to provide written physician approval before you may use or participate in any physical activity within the Program. You acknowledge that you may decrease or stop at any time any physical activity you perform within the Program and that it is your obligation to inform the Program’s staff of any medical symptoms or issues that arise while in the Program. You hereby waive all claims, assume all liability, and release, hold harmless, indemnify, and agree to defend us, Impactiv, Inc., the owner of the Vivo program, as well as the provider(s) of any venue where the Vivo program may occur, and any of our or their respective affiliates, successors, assigns, agents, representatives, and employees, from liability for any injury, claim, cause of action, suit, demand, and damages (including, without limitation, personal, bodily, or mental injury, property damage, economic loss, consequential damages, and punitive damages), arising from or related to (1) your failure to disclose any pre-existing conditions, limitations, or sensitivities; (2) your presence in any Vivo class or other event; (3) your participation in any Vivo class or other event, including your use of any equipment or facilities at any Vivo class or other event; and/or (4) any negligence on our part (including our employees and other agents). You expressly agree to forever completely and unconditionally waive and release all liability to the maximum extent permitted under applicable law. You expressly agree that if any portion of this Assumption of Risk, Release, Waiver of Liability, and Indemnification is held invalid, the balance shall be valid and continue in full legal force and effect. These provisions are binding on you, your estate, family, heirs, administrators, personal or legal representatives, and assigns.
Binding Individual Arbitration and Class Action Waiver: Any disputes arising out of or relating to this Agreement or your participation in any Vivo class or other event or use of any equipment in a Vivo class or other event (collectively defined as “Disputes”), shall be governed by Georgia law regardless of your country or state of origin or the location of any Vivo class or other event you visit and notwithstanding any conflicts of law principles. Any Disputes shall be resolved by final and binding individual arbitration, rather than in court, and without a jury, except that you may assert claims in small claims court if your claims qualify. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at the address or email address listed at the top of this Agreement. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules (available at www.adr.org). Jurisdictional and arbitrability disputes, including disputes over the formation, existence, validity, interpretation, or scope of this Agreement, and who are proper parties to the Arbitration, shall be submitted to and ruled on by the Arbitrator. Arbitration costs and reasonable documented attorneys’ fees and costs of both parties shall be borne by the party that ultimately loses. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction. We each agree that any dispute resolution proceeding shall be conducted only on an individual basis and not in a class or other event, consolidated, or representative action. Neither you, we, nor any other person may pursue a Dispute in arbitration as a class action, private attorney general action, or other representative action, nor may any Dispute be pursued on your behalf in any litigation in any court except as provided above. If for any reason a Dispute proceeds in court rather than in arbitration, we each waive any right to a jury trial. You may opt out of binding arbitration and this class action and jury trial waiver by notifying us in writing within 30 days of signing this Agreement unless a longer period is required by law. Your written notification must be mailed, emailed, or delivered to us at the address or email address listed at the top of this Agreement within 30 days of the date you sign this Agreement and must include your name, your address, and a clear statement that you do not wish to resolve Disputes through arbitration.