TERMS & CONDITIONS
Assumption of risk, waiver and release
By signing up for and/or attending classes in studio or online, events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the “Classes and Facilities”) of PPW 1300 Broadway, INC. (FLEXX Studios) I hereby acknowledge on behalf of myself, my heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in fitness activities and exercise equipment in association with the Classes and Facilities. I acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. I also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death. At all times, I shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to me by staff. If in the subjective opinion of the FLEXX Studios staff, I would be at physical risk participating in FLEXX Studios Classes, I understand and agree that I may be denied access to the Classes and Facilities until I furnish FLEXX Studios with an opinion letter from my medical doctor, at my sole cost and expense, specifically addressing FLEXX Studios concerns and stating that FLEXX Studios concerns are unfounded. In consideration of being allowed to participate in and access the Classes and Facilities, I hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by me in relation to the Classes and Facilities, (2) release, indemnify, and hold harmless FLEXX Studios, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or use of the Facilities, and (3) represent that I (a) have no medical or physical condition that would prevent me from properly using any of FLEXX Studios Classes and Facilities, (b) do not have a physical or mental condition that would put me in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. I acknowledge that if I have any chronic disabilities or conditions, I am at risk in using FLEXX Studios Classes and Facilities and should not be participating in any Classes.
links/third party websites
FLEXX Studios makes no representations whatsoever about any other website which you may access through this one. When you access a non- FLEXX Studios website, even one that may contain the FLEXX Studios logo, please understand that it is independent from FLEXX Studios and that FLEXX Studios has no control over the content on that website. In addition, a link to a non- FLEXX Studios website does not mean that FLEXX Studios endorses or accepts any responsibility for the content, or the use, of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of viruses, worms, trojan horses and other items of a destructive nature.
Intellectual Property Rights FLEXX Studios and the FLEXX Studios Logo are service marks, trademarks, and/or trade dress of FLEXX Studios or otherwise proprietary to FLEXX Studios and may not be used by you for any reason other than as expressly permitted by these terms. All Website content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are the property of, or duly licensed to, FLEXX Studios. You have the right to view, electronically copy, and print in hard copy portions of this Website for the sole purpose of making class reservations or other personal use. Any other use of materials on this Website, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of FLEXX Studios, is strictly prohibited. You acknowledge that FLEXX Studios and/or third-party content providers remain the owners of all Website material and that you do not acquire any of those ownership rights by downloading, copying or using any such material in accordance with these Terms and Conditions. FLEXX Studios discontinue or remove the Website or any portions thereof or discontinue your right to use the Website or any portion hereof at any time.
IN NO EVENT WILL FLEXX STUDIOS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OF THIS WEBSITE, OR ON ANY OTHER HYPER LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, INCLUDING ANY CLAIMS WAIVED BY YOU CLAIMS PREVIOUSLY IN THIS AGREEMENT EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALL INFORMATION IS PROVIDED BY FLEXX STUDIOS ON AN "AS IS" BASIS ONLY. FLEXX STUDIOS PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON INFRINGEMENT.
Choice of Law This Website, and your use hereof, is governed by the laws of the State of California, without regard to California's choice of law provisions, and any claim arising out of your use of this Website must be brought in California.
Revised Terms and Conditions: FLEXX STUDIOS may at any time revise these Terms and Conditions by updating this posting. By using this Website, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms and Conditions to which you are bound.