Why you’re Reading This Document
Before you can have access to our online content so you can practice in your own time, space, comfort and convenience, we need you to clearly understand the risks of engaging in any of the activities included in our instructional videos while also acknowledging what we will not be responsible for in providing you with amazing resources. The purpose of this release and waiver (the “Waiver”) is to inform you in which activities you will be instructed, what the risks of those activities are and have you acknowledge that you assume the risks of engaging in them entirely on your own. While there is guidance in the form of pre-recorded instructional videos, the online content is in no way tailored to your body or needs. You must agree that you are voluntarily participating in the activities and that you cannot sue us if something goes wrong as a result of using our online content and instruction. Please be aware that if you do not sign this Waiver and agree to its terms, we will not grant you access to our content. PLEASE READ CAREFULLY, UNDERSTAND FULLY, AND ASK QUESTIONS IF ANYTHING IS UNCLEAR. WE ARE HERE TO SUPPORT YOU. MAKE SURE YOU UNDERSTAND THIS WAIVER. BY SIGNING THIS YOU AGREE YOU ARE SIGNING AWAY YOUR LEGAL RIGHTS AND YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS AGREEMENT.
1. Parties. We will refer to Skillwell, LLC, a company incorporated in Delaware as “Skillwell”, “us” or “we” and we’ll refer to you as “you” or “your”.
2. The Activities. Skillwell’s online video content and instruction span a wide range of challenging, physically demanding athletic activity that includes but is not limited to the following (the “Online Content”):
2.1. Gymnastics, calisthenics, hand balancing such as handstands and headstands, body contortion and flexibility training, pole dancing, pole fitness, standing and other acrobatics, aerial activities (aerial yoga, aerial hoop, aerial hammocks), lifting, climbing, hula hooping, exercises and motions related to the aforementioned as well as other physical training and activity (collectively the “Activities”).
3. Inherent Risks. You understand that participating in the Activities have inherent risks, some of which are more obvious than others. The risks listed in this provision 3 can result in serious harm and injuries that could change your quality of life and in very rare and extreme circumstances, may even result in death. If at any point you feel overexertion, pain, fatigue, you will listen to your body and refrain from engaging in the Activities. Injuries may include but are not limited to the following:
3.1. Muscle pulls or strains, overstretching of muscles and ligaments, tears and strains, sprained or broken bones, skeletomuscular injuries, cramps, joint pain, stress fracture, back and knee pain
3.2. Cardiovascular complications (irregular heartbeat, heart attack)
3.3. Injuries from falling or collision, such as bruising or cuts, twisted, sprained or broken limbs
3.4. Bruising and injuries from accidental collision with weights and equipment
3.5. Impact injuries, bruising, stress fractures, knee injuries, tendonitis
3.6. Dizziness, fainting, feeling tired, nausea, difficulty breathing, heart attack, and increased or decreased blood pressure
3.7. Hand or upper body injuries from punching a punching bag incorrectly, possible head trauma if hit in the head by other participant or self accidentally.
4. Affirmation of Health. By purchasing any of the Online Content at Skillwell, you affirm that you have sought medical advice regarding your fitness to engage in the Activities and ability to follow the instruction. If you’ve not sought such advice, you must be certain that your medical and fitness levels are sufficient to safely engage in the Activities.
5. Voluntary Assumption of Risk. You have read this Waiver and understand the risks of participating in the Activities with Skillwell. Your signature below and your purchase of any of the Online Content illustrate your voluntary participation in the Activities and assumption of the risks of doing so.
6. Fitness Advice. You fully understand that Skillwell is not a medical practice, scientific institute, or health advisor. You acknowledge and agree that Skillwell does not provide medical diagnostic information or guarantees regarding the scientific value of the information contained in the Online Content. If you have any health problems, health conditions, diseases or health-related questions, you are now being advised and it is your responsibility not to postpone or delay getting competent medical advice from a licensed doctor of medicine. You understand and agree that the Online Content is intended to be informative and promote fitness but do not involve the diagnosing, prognosticating, treatment, or prescribing of remedies for the treatment of disease, or for any act or procedure for which a medical license or any other form of license or qualification is required.
7. Release, Waiver and Indemnity. YOU HEREBY RELEASE SKILLWELL, ITS DIRECTORS, OFFICERS, CONTRACTORS, EMPLOYEES, VOLUNTEERS, AGENTS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, FAMILY MEMBERS AND ASSIGNS (THE “RELEASED PARTIES”) FROM ANY LIABILITY AND DAMAGES ARISING FROM PERSONAL INJURIES OR DEATH, HOWEVER CAUSED INCLUDING AS A RESULT OF SKILLWELL’S NEGLIGENCE, DURING YOUR PARTICIPATION IN THE ONLINE COURSES AT SKILLWELL. YOU ARE RELEASING THE RELEASED PARTIES AT YOUR OWN RISK AND YOU AGREE TO FORFEIT ANY AND ALL FORMS OF LEGAL RECOURSE WHICH MAY BE AVAILABLE TO YOU, INCLUDING BUT NOT LIMITED TO ANY FORM OF DAMAGES, AS A RESULT OF YOUR PARTICIPATION IN THE ONLINE COURSES. You agree that these provisions above apply to you, your family, heirs, executors or anyone else who may be able to bring a legal action on your behalf in the future.
8. General Legal Provisions. Jurisdiction. This Waiver will be governed exclusively by the laws of the State of New York. Severability. If any provisions of this Waiver are invalid or unenforceable, the other provisions in the Waiver will remain in full force and effect. Entire Agreement. This Waiver constitutes the entire agreement between the parties and replaces any prior agreements. Headings. The headings used in this Waiver are for stylistic purposes only and none of the content in the headings are intended to be legally binding. Online Agreement. We agree that this Agreement may be signed electronically or agreed to by having you click “I Agree”, the effect of which will be the same as if we signed the Agreement by hand and the intention of which is that both parties desire to be bound by all the terms of the Agreement.