Release Of Liability
RELEASE OF LIABILITY; INDEMNIFICATION. IN CONSIDERATION OF YOUR USE OF THE EXERCISE EQUIPMENT AND FACILITIES PROVIDED BY UPGRADE, YOU EXPRESSLY AGREE, WITH THE INTENT TO BE LEGALLY BOUND, ON BEHALF OF YOURSELF, YOUR HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS, THAT UPGRADE AND ALL OF UPGRADE’S CURRENT AND FORMER AGENTS, SHAREHOLDERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, ASSOCIATES, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, PARENT ORGANIZATIONS, SUBSIDIARIES, AFFILIATES, INSURERS AND ALL OF THEIR HEIRS, EXECUTORS, SUCCESSORS AND ASSIGNS (HEREINAFTER THE AFOREMENTIONED ENTITIES AND PERSONS ARE COLLECTIVELY REFERRED TO AS “RELEASEES”), SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM PERSONAL INJURIES (INCLUDING DEATH) SUSTAINED BY YOU, YOUR ADDITIONAL MEMBERS, OR YOUR GUEST(S) IN, ON, OR ABOUT THE PREMISES OF UPGRADE, OR AS A RESULT OF THE USE OF THE EQUIPMENT OR FACILITIES, REGARDLESS OF WHETHER SUCH INJURIES RESULT, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE NEGLIGENCE OR FAULT OF UPGRADE OR ANY RELEASEE. BY EXECUTING THIS AGREEMENT CONTAINING THIS LIABILITY WAIVER RELEASE OF LIABILITY, YOU ACCEPT AND ASSUME FULL RESPONSIBILITY FOR ANY AND ALL INJURIES, DAMAGES (BOTH ECONOMIC AND NON-ECONOMIC), AND LOSSES OF ANY KIND, WHICH MAY OCCUR TO YOU, YOUR ADDITIONAL MEMBERS, OR YOUR GUEST(S), AND YOU HEREBY FULLY AND FOREVER RELEASE AND DISCHARGE RELEASEES FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, RIGHTS OF ACTION, CAUSES OF ACTION, PRESENT OR FUTURE, KNOWN OR UNKNOWN, ANTICIPATED OR UNANTICIPATED, RESULTING FROM OR ARISING OUT OF THE USE OF SAID EQUIPMENT AND FACILITIES, OR RESULTING FROM OR ARISING OUT OF THE NEGLIGENCE OR FAULT OF UPGRADE OR ANY RELEASEE. YOU HEREBY AGREE TO INDEMNIFY AND HOLD UPGRADE AND RELEASEES HARMLESS AGAINST ANY AND ALL CLAIMS, DEMANDS, DAMAGES, RIGHTS OF ACTION, AND CAUSES OF ACTION, BROUGHT BY ANY PERSON OR ENTITY, WHICH MAY ARISE FROM INJURIES OR DAMAGES SUSTAINED BY YOU, YOUR ADDITIONAL MEMBERS, OR YOUR GUEST(S), INCLUDING ANY SUCH INJURIES OR DAMAGES RESULTING FROM THE NEGLIGENCE OR FAULT OF UPGRADE OR ANY RELEASEE. YOU AGREE TO BE SOLELY RESPONSIBLE FOR THE SAFETY AND WELL-BEING OF YOURSELF, YOUR ADDITIONAL MEMBERS, AND YOUR GUEST(S). YOU UNDERSTAND AND ACKNOWLEDGE THAT UPGRADE DOES NOT PROVIDE SUPERVISION, INSTRUCTION, OR ASSISTANCE IN CONNECTION WITH THE USE OF ITS FACILITIES AND EQUIPMENT.
MEDIA CONSENT Media Consent, Release and Waiver. You hereby grant your full consent and permission to Upgrade and its parent organizations, affiliates, and subsidiaries, and all of their employees and agents, to photograph, videotape, or otherwise digitally record and use images and/or sound recordings of yourself and your Additional Members or guests (herein “Materials”) to use in any public media, including without limitation, radio, television, website, social media, print, or in any publications, productions, or posts of Upgrade or its parent organizations, affiliates, and subsidiaries. You further grant my full consent and permission to Upgrade to post Materials created or posted on social media by you, your Additional Members, or your guest(s) on Upgrade’s website, YouTube account/page, Instagram account/page, Facebook account/page, Twitter account/page and any other social media account/page used by or in connection with Upgrade. You understand that the intended use of Materials is solely for purposes of advertising, marketing, fundraising and/or the promotional and public awareness purposes of Upgrade, its parent organizations, affiliates, and subsidiaries. You hereby waive any rights or interest in the Materials contemplated in this Website and Social Media Release. You hereby release and forever discharge Upgrade and its current and former agents, shareholders, members, managers, directors, officers, associates, employees, contractors, parent organizations, subsidiaries, and affiliates from any and all claims, liability, actions, suits, demands, costs, expenses or indebtedness arising out of or in connection with the use of Materials by Upgrade or its parent organizations, affiliates, and subsidiaries, including, without limitation, any claims for invasion of privacy, infringement of any right of publicity, defamation and any other personal and/or property rights. You hereby waive all rights and interest in and to the Materials. You acknowledge and agree that no compensation whatsoever will be due to you as a result of the use and/or publication of the Materials or the exercise of any of Upgrade’s rights therein. You further acknowledge and agree that Upgrade is in no way guaranteeing that any Materials depicting or otherwise relating to you will be used in released media. To the extent that any benefit accrues or might accrue to Upgrade from the use of Materials, you hereby and forever waive any interest in or claim to such benefits. You fully understand the contents, meaning and impact of this Media Consent, Waiver and Release. You understand and acknowledge that this consent, waiver, and release is voluntary, and your execution of this document is an act of your own free will. You acknowledge and agree that you have been informed that you may revoke the consent at any time, except when action has been taken in reliance of this Media Consent, Release and Waiver, and understand that you have the right to notify Upgrade of such revocation.
9. COVID-19 WARNING. Under Missouri law, any individual entering the premises or engaging the services of Upgrade waives all civil liability against Upgrade for any damages based on inherent risks associated with an exposure or potential exposure to COVID-19, except for recklessness or willful misconduct.
a. Upgrade Rules; Damages. You agree to abide by all rules and regulations, posted or un-posted, of Upgrade at all times. Members who do not observe Upgrade’s rules and regulations or who abuse or misuse equipment in any fashion will be asked to leave. Upgrade has the right to judge behavior and respond accordingly in its sole and absolute discretion. This right includes, but is not limited to, termination of membership without refund to any member engaging in unacceptable behavior. You shall pay for any damages to Upgrade property which results from your willful or negligent conduct, or the willful or negligent conduct of any of your guests or Additional Member(s), or your child(ren). Not all rules and regulations are listed in this Agreement. Upgrade reserves the right to add, change, or remove rules and regulations, conditions of membership, opening and closing hours, and all services and facilities offered by Upgrade from time to time and at any time in its sole and absolute discretion.
b. Assignment. Upgrade may assign its interest(s) in this Agreement without your consent: provided, however, that any subsequent holder of this Agreement is subject to all claims and defenses you could assert against Upgrade. You understand and agree that you have no right to assign or otherwise transfer any of your rights under or interest in this Agreement except as otherwise expressly provided herein.
c. Governing Law. This Agreement shall be governed by the internal laws of the State of Kansas, without regard to its choice of law provisions.
d. Severability. In the event any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, but this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.
e. Integration; Modification. This Agreement may not be changed, amended, or modified except by agreement in writing signed by both you and Upgrade.