Welcome! Before participating in G.E.M. CLASS’s services, we need you to thoroughly read, understand, and agree to this Waiver and Release of Liability (the “Waiver”). The purpose of this Waiver is to clearly communicate some risks of participating with us and to have you release G.E.M. CLASS of any liability if you get injured or sick, if you have complications or side effects, if any of your things are lost, or stolen or broken, or if anything else goes wrong. Please be aware that if you do not sign this Waiver and agree to its terms, you will not be permitted to participate in any services.
PLEASE READ CAREFULLY TO MAKE SURE YOU UNDERSTAND THIS WAIVER. PLEASE ASK QUESTIONS IF ANYTHING IS UNCLEAR. WE ARE HERE TO SUPPORT YOU. BY SIGNING THIS, YOU AGREE YOU ARE SIGNING AWAY YOUR LEGAL RIGHTS TO SUE, AND YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS WAIVER.
1. Parties.
We are G.E.M. CLASS, LLC, a Limited Liability Company based in the State of Texas. In this Waiver, we will refer to ourselves as “G.E.M. CLASS,” “us,” “we,” and “our.” We’ll refer to you, the undersigned (electronically or by hand), or the person who has clicked “I Agree” (or something similar) to this Waiver as “you” or “your.”
2. The Activities.
As part of your services with G.E.M. CLASS, you may participate, in person or online, in supportive haven education and exercise classes, sessions, events, workshops and more, all of which may involve but are not limited to the following (“Activities”):
2.1. Strength and fitness training, core exercises, high-intensity exercises, flexibility training, body weight exercises, locomotor movements, stretching and resistance exercises, strength exercises, mobility, range of motion exercises, and breathing exercises.
2.2. The Activities also apply to any classes made available for online streaming, both live or recorded, that you may select to participate in an environment of your choice. You agree that you are responsible for the safe facilitation of the Activities.
2.3. Depending on the surface, participants may be required to perform the Activities either barefoot or with grippy socks for their own safety.
2.4. Activities may take place indoors or outdoors. Supplies, materials, and equipment may be used in either environment and may include natural loose parts (such as sticks, rocks, or leaves), boards used for building, art supplies, board games, and small child-safe tools. You understand that both indoor and outdoor environments have unique risks, and that you are responsible for ensuring the space around you is safe, free of hazards, and suitable for participation in the Activities.
3. Equipment.
In the course of the Activities, you may use a variety of equipment, which could include but is not limited to latex foam balls, bean bags, paper, pencils, markers, hula hoops, floor tape, and balance balls (the “Equipment”). Please do not use any equipment not instructed by G.E.M. CLASS. It is possible that the equipment may break or fail, and the risks of any such failure may result in the risks outlined below.
3.1. Equipment may also include outdoor and creative learning materials such as natural loose parts (sticks, stones, leaves), boards used for building, art supplies, board games, and small child-safe tools.
3.2. Please note that we may add new and different Equipment in the future in providing the Activities which will be of a similar nature as the Equipment listed above. You accept the risk of any future and similar related Equipment you may use in the future to participate in the Activities.
4. Inherent Risks.
You understand that participation in the Activities may pose inherent risks, some more serious than others. These risks can result in serious harm and injuries that could change your quality of life, your ability to earn an income and, in very rare and extreme circumstances, could even result in death.
4.1. Risks of physical injury may include but are not limited to things like muscle tears, strains, and other musculoskeletal injuries, sprains, fractures, broken bones, cardiovascular complications, high blood pressure, dehydration, dizziness, fainting, head injuries, concussions or concussion symptoms and PTSD.
4.2. There is also a risk of exposure to and contraction of COVID-19 or other communicable diseases passed on via the use of shared space, surfaces, or Equipment.
4.3. Participating in the Activities online poses risks, as there is no in-person supervision or space provided. You will, therefore, need to ensure the safety of the Activities by using your judgment on how to best practice them, not pushing yourself too far, and not attempting anything you feel unsure how to perform.
4.4. If the Activities are performed outdoors or in mixed indoor/outdoor environments, risks may include tripping or collision with natural or built elements (including trees, rocks, steps, uneven ground, tile flooring transitions), sun exposure, dehydration, insects, weather conditions, or contact with natural materials or small tools. You agree that it is your responsibility—not G.E.M. CLASS’s—to inspect your surroundings, identify any hazards, and ensure the area is safe before participating in any Activities.
4.5. We would like to emphasize that your release of our liability is not limited in any way to these risks. The risks listed above are only examples. To be completely clear, you are agreeing not to sue us at all.
5. Affirmation of Health.
By participating in any Activities with G.E.M. CLASS, you affirm that you have sought medical advice regarding your fitness or are certain of your ability to engage in the Activities. If you have any pre-existing medical conditions (e.g., asthma, diabetes, heart disease), physical injuries, weakness, or are pregnant or post-surgery, you should consult with your doctor first before engaging in the Activities. Please communicate and inform us IMMEDIATELY if at any point you do not feel well during the Activities.
6. Emergency Medical Attention.
In the event of an emergency, I authorize G.E.M. CLASS and its representatives to seek and administer necessary medical treatment on my behalf.
7. Voluntary Assumption of Risk.
You certify that you have read this Waiver and understand the risks of participating in the Activities with G.E.M. CLASS. By signing this Waiver or clicking “I Agree” (or something similar), you are showing your voluntary engagement and assumption of the risks of the Activities.
8. Lost or Stolen Personal Items.
You agree that it is solely your responsibility to safeguard your personal items, and G.E.M. CLASS is in no way responsible for any of your personal property that is damaged, lost, or stolen before, during, or after your participation in the Activities.
9. Alcohol and Prohibited Substances.
You are strictly forbidden from participating in the Activities while under the influence of alcohol or any other substances that may alter your perception or ability to be present and focused.
10. Release, Waiver and Indemnity.
You hereby release, hold harmless, indemnify and waive any claims against G.E.M. CLASS, LLC and its members, owners, directors, officers, contractors, employees, affiliates, venues which host our classes, volunteers, associates, landlords, agents, executors, administrators, successors, family members and assigns (the “Released Parties”) with respect to any and all liability and damages incurred during, or in any way associated with, your participation in the Activities with G.E.M. CLASS, however caused, including as a result of the Released Parties’ negligence, including but not limited to damage to or loss of personal property, personal injuries, death, illness, or any cause of action related to premises liability. You are releasing the Released Parties at your own risk, and you agree to forfeit any and all forms of legal recourse that may be available to you, including but not limited to any form of damages, as a result of your participation in the Activities. You agree that this provision applies to you, your family, heirs, executors, or anyone else who may be able to bring legal action on your behalf in the future.
11. Continued Agreement.
Your agreement to this Waiver will act as your continued agreement to all ensuing Activities and any further interactions with G.E.M. CLASS, whether in person, online, or via videoconferencing tool.
12. Arbitration.
Any controversy or claim arising out of or relating to this Agreement or the breach of this agreement shall be settled exclusively by arbitration. You also agree that should arbitration take place, it will be exclusive to the courts of the State of Texas or such other arbitrator mutually agreed upon by the parties. The arbitrator’s decision shall be final and binding on both parties and enforceable in any court of competent jurisdiction. The costs of the arbitration shall be borne by the losing party. The arbitration award shall be final and binding upon the parties, and the parties hereby waive any rights to appeal or challenge the award to the extent permitted by applicable law. This arbitration clause shall survive the termination or expiration of this contract.
13. General Legal Provisions.
Choice of Laws and Venue.
This Waiver will be governed exclusively by the laws of the State of Texas. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the State of Texas.
Severability.
If any terms or 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.
Online Agreement.
The parties agree that this Waiver may be signed electronically or agreed to by having you click “I Agree” (or something similar), the effect of which will be the same as signing by hand.
You agree that you have read this Waiver and fully understand its contents. You also agree to be bound to all of its terms.