Terms and Conditions
(Updated June 3, 2020)
As consideration for and as an inducement and condition to Brinn Strange, LLC, a Florida limited liability company and its designees, including, without limitation, its parents, subsidiaries, franchisees and affiliates (collectively, “AUXO Fitness”), allowing you to participate in classes, exercises, instruction, events, and activities whether in-studio, in person, online, live, livestreamed, recorded or otherwise (collectively, with all related activities, the “Opportunities”), and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, by clicking through this page, viewing any content, and/or participating in any Opportunities you agree to the following terms and conditions, including, without limitation the arbitration provision below, and any changes or updates to or replacements of these terms and conditions, certain of which are set forth below, and others being described at the time and location of offering of those specific programs and activities:
1. Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement. AUXO Fitness shall not be liable to you or any other party for any claims, demands, damages or causes of actions due to injury to you or any property, including, without limitation, personal, bodily or mental injury, economic loss or any damage to you, your spouse or partner, guest, unborn children or relatives, arising out of or in connection with a) your engagement in any Opportunities provided by AUXO Fitness or at any AUXO Fitness facility, b) the use of the services or facilities of AUXO Fitness, or c) any occurrence in or around a AUXO Fitness facility, regardless of whether the injury or damages were caused by the negligence of AUXO Fitness or its officers, directors, instructors, employees, agents, trainees, assistants, mentees, and/or their related parties and entities.
You assume all risk of injury and release AUXO Fitness and its officers, directors, instructors, employees, agents, and related parties and entities from any and all liability for their negligence, and any and all liability associated with any transmission of sickness, virus, pathogen, or disease. It is your sole responsibility to discontinue participation in any Opportunity you feel is beyond your capability to safely perform and you assume any and all risks of injury, including but not limited to risks associated with your participation in any Opportunities. This release specifically applies to claims of negligent instruction, maintenance and/or supervision. The foregoing releasees (other than AUXO Fitness) are third-party beneficiaries to this Agreement and shall have the right to enforce this Agreement as if any one of them were individually a party hereto. You will not sue any above-named releasee or cause any such releasee to be sued regarding any matter released above, and to indemnify and hold harmless each such releasee from and against any loss regarding any matter within the scope of this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement.
You are aware livestream instructors cannot see you and may not be able to offer personalized instruction. Therefore you assume full responsibility for any risks, injuries, or damages, known or unknown, which you might incur as a result of participating in the classes of programs offered through AUXO Fitness.
2. COVID-19. In addition to and as a part of the foregoing Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement, you understand COVID-19 (including variations and mutations) is a highly communicable virus that can cause, among other conditions, severe respiratory illness, sometimes leading to death, in individuals who contract it. You will not attend in-studio or any other in-person Opportunities conducted or organized by or through AUXO Fitness if you are exhibiting symptoms of COVID-19 (which can include fever, cough, shortness of breath or difficulty breathing, chills, repeated shaking with chills, muscle pain, headache, sore throat, new loss of taste or smell), or if you have been exposed to a third party who has exhibited COVID-19 symptoms in the 14 days preceding your participation in the Opportunities.
You further understand your use of an AUXO Fitness facility or participation in any other in-person Opportunities conducted or organized by or through AUXO Fitness involves the risk you could contract COVID-19 notwithstanding the mitigation measures in place by AUXO Fitness. You understand these risks are inherent to your use of the AUXO Fitness facilities or participation in such Opportunities and can range from mild symptoms to major illness, including death. You are fully responsible for any risk of contracting COVID-19.
3. If Participant is Under 18 Years of Age. If you are under 18 years of age, you represent and warrant to AUXO Fitness that your parent or legal guardian has reviewed these terms and conditions and consents to, joins in and approves the foregoing terms and conditions; ensures that you, a child, will honor your obligations hereunder; and will indemnify and hold AUXO Fitness harmless from and against any and all losses arising out of or in any way related to a) these terms and conditions or the rights granted herein, b) your attendance at or participation in any of the Opportunities, or your attendance at the locations, places and/or buildings at, on or in which the Opportunities take place, c) any breach of the above representations, warranties and agreements, or (iv) any attempt to rescind, limit or disaffirm the foregoing. Your parent or legal guardian expressly approves of your attendance at or participation in any or all of the Opportunities, and your attendance at the locations, places and/or buildings at, on or in which the Opportunities take place.
4. Acceptable Use and Confidentiality. In livestream media Opportunities, no improper language or distasteful communication, posts, comments, chats, video chats, video messaging, or any like behavior will be tolerated. Further, if you become disruptive or difficult to work with; fail to follow these guidelines, or if you impair the instruction or participation of AUXO Fitness instructors or other participants in any livestream media Opportunity, AUXO Fitness may, in its sole discretion terminate any livestreaming session at any time for any reason without a refund if you violate this acceptable use policy.
All materials, procedures, policies, and standards, all teaching manuals, all teaching aids, all supplements and the like that have been or will be made available by AUXO Fitness, or any other source, oral or written, are for personal use in or in conjunction with AUXO Fitness Opportunities only. Such materials may not be sold, tape recorded, videotaped, shared, taught, given away, or otherwise divulged without the express written consent of AUXO Fitness. AUXO Fitness assumes no responsibility for errors or omissions that may appear in any program materials, such as those listed above.
All materials and information provided to you by AUXO Fitness are its confidential and proprietary intellectual property belonging solely and exclusively to AUXO Fitness, and may only be used by you as authorized by AUXO Fitness. The reproduction, distribution and sale of these materials by anyone but AUXO Fitness is strictly prohibited. While you are free to discuss your personal results from AUXO Fitness services and training, you must keep the experiences and statements, oral or written, of all other participants that you may hear in group setting in the strictest of confidence.
5. Internet Service. It is your responsibility to ensure your internet connection is working and provides adequate bandwidth and speed before, during, and after livestreamed or other online Opportunities provided by AUXO Fitness.
7. Severability. If any provision of this Agreement is held to be unenforceable, then this Agreement will be deemed amended to the extent necessary to render the otherwise unenforceable provision, and the rest of the Agreement, valid and enforceable. If a court or arbiter declines to amend this Agreement as provided herein, the invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the remaining provisions, which shall be enforced as if the offending provision had not been included in this Agreement.
8. Force Majeure. AUXO Fitness is not responsible or liable to you, or any person claiming through you, for failure to supply or fulfill any AUXO Fitness programs, benefits or Opportunities, including, without limitation, any in-person or virtual Opportunities, in the event AUXO Fitness, its vendors or their respective operations are affected by any acts of god, any action, regulation, order, or request by any governmental or quasi-governmental entity, equipment failure, actual threatened terrorist acts, weather, natural phenomenon, war (declared or undeclared), fire, embargo, labor dispute or strike, labor or material shortage, transportation, interruption of any kind, civil disturbance, insurrection, riot, epidemic, pandemic, public health or safety issues or matters, or any laws, rules, regulations or orders or other action adopted or taken by any national, federal, state, provincial, or local government authority, or any other cause, whether or not specifically mentioned above.
9. Arbitration. You expressly acknowledge binding arbitration shall be the sole procedure for dispute resolution between you and AUXO Fitness for any and all claims arising from these terms and conditions, and thereby further waive any rights to trial by jury. Further you expressly acknowledge and agree to waive any rights that you may have to pursue or participate in a class or collective action pertaining to any such claims related to AUXO Fitness. Any arbitration under this Arbitration provision shall be administered by the American Arbitration Association (“AAA”) under the rules applicable to the resolution of consumer disputes in effect when the dispute is filed. The arbitrator shall have no authority to hear any disputes on a class action or representative basis. Neither you nor AUXO Fitness may consolidate or join the disputes of other persons who may have similar disputes into a single arbitration. Any arbitration hearing you attend will take place in Alachua County, Florida.
10. Attorneys’ Fees. Should any action or arbitration be instituted by any of the parties hereto in any court of law or equity, or any arbitrator, pertaining to the enforcement or breach of any of the provisions of this Agreement, the prevailing party in such action, arbitration, and/or appeals arising therefrom, shall be entitled to recover from the non-prevailing party, in addition to any judgment or decree rendered therein, all court costs and reasonable attorneys’ fees and expenses.
11. Media Release. You grant permission for your photo and/or video likeness to be used, without limitation, in connection with publicity, copyright, marketing, web content, social media, livestream, recorded classes, or other uses without additional consideration outside of the services provided by AUXO Fitness.
12. Virtual Group Sessions. Certain Opportunities may be organized by you through your AUXO Fitness account in which other individuals participate. If you are the parent or legal guardian of those individuals, you make the representations, warranties and agreements as to those individuals (including the releases, waivers and indemnifications) as to your child’s participation as set forth above in “If Participant is Under 18 Years of Age.” For all other individuals, you are responsible and liable for such individual’s participation in the Opportunities under these terms and conditions as if such participant was you. You are responsible for your AUXO Fitness membership and account(s) and any Opportunities conducted under your name or membership, or associated with your account.
YOU ACKNOWLEDGE YOU HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND IT IS A RELEASE OF LIABILITY, AN EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT. YOU ARE AWARE AND AGREE BY EXECUTING THIS WAIVER AND RELEASE, YOU ARE GIVING UP A SUBSTANTIAL RIGHT – YOUR RIGHT TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST AUXO FITNESS OR ITS OFFICERS, DIRECTORS, INSTRUCTORS, EMPLOYEES, AGENTS, AND RELATED PARTIES AND ENTITIES FOR THEIR NEGLIGENCE. YOU HAVE READ AND VOLUNTARILY SIGN THIS WAIVER AND RELEASE OR AUTHORIZED ANOTHER TO SIGN IT ON YOUR BEHALF, AND FURTHER AGREE NO ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENT APART FROM THE FOREGOING HAVE BEEN MADE. YOU AGREE THE ABOVE REPRESENTATIONS ARE CONTRACTUALLY BINDING, AND ARE NOT MERE RECITALS, AND SHOULD YOU ASSERT ANY CLAIM IN CONTRAVENTION OF THIS AGREEMENT, THE ASSERTING PARTY SHALL BE LIABLE FOR THE EXPENSES (INCLUDING REASONABLE ATTORNEYS FEES) INCURRED BY THE OTHER PARTY OR PARTIES IN DEFENDING AGAINST ANY SUCH ACTION. YOU ACKNOWLEDGE THIS RELEASE WAS NEGOTIATED BY AND BETWEEN THE PARTIES TO THIS AGREEMENT, AND BY CLICKING THROUGH THIS PAGE, PARTICIPATING IN ANY OPPORTUNITIES, AND/OR VIEWING ANY CONTENT YOU AGREE TO VIEW THE CONTENT SUBJECT TO THIS RELEASE, AND THAT OTHERWISE THERE WOULD BE FEES, OR THE EXISTING FEES WOULD BE SUBSTANTIALLY HIGHER. IF YOU HAD WISHED TO VIEW THE CONTENT WITHOUT AGREEING TO THIS RELEASE YOU WOULD HAVE CONTACTED AUXO FITNESS AT INFO@AUXOFITNESS.COM TO ARRANGE FOR SAME.
In addition to clicking through this page, your participation in any Opportunities or AUXO Fitness programs indicates your acceptance of and agreement to the foregoing.