Waiver


The Strength Community Waiver

 

RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK,

AND INDEMNITY AGREEMENT (“RELEASE”)

In consideration for allowing you (“Participant”) to participate in any or all of the Activities, Participant hereby expressly agrees to the following terms and conditions:

  1. Participant acknowledges and understands that participating in any or all of the activities provided by The Strength Community (“TSC”) whether in person or through any website owned or operated by TSC (including but not limited to www.strength-community.com, members.stregth-community.com, strengthandmetabolic.com, and any related websites (collectively, the “Website”)), is inherently dangerous and involves both known and unanticipated RISKS which could result in damage or destruction of property and SERIOUS INJURY AND IN SOME CASES DEATH, to Participant or other persons. Activities provided by TSC include, without limitation, classes and other in-person events, seminars and training, as well as content, functionality, products and services offered through the Website, which could be provided through in-person, audio, video, and written content, and all associated activities, including but not limited to, strength training, weight lifting, running, jumping, bending, squatting, pushing, and pulling (collectively, the “Activities”). The risks of participating in the Activities include, but are not limited to, the failure or misuse of equipment, gear, objects or devices of any kind; negligent conduct or intentional misconduct of other individuals; failure of other individuals to participate in the Activities within their own abilities; slipping and falling because of footing conditions; concussions; overexertion; injuries from Participant’s lack of fitness or conditioning; emotional trauma; paralysis; seizures; heart attacks; muscle strains; muscle pulls; muscle tears; fractures; broken bones; overheating; heat exhaustion; injuries to knees, back, head, legs or arms; other bodily injury or death; damage to property; and other unknown or unanticipated risks. Participant understands that such risks cannot be eliminated without compromising the essential qualities of participating in the Activities.
  2. Participant voluntarily assumes full responsibility for any risk of bodily injury TO, or death of, Participant and/or property damage as a result of Participant’s participation in the Activities.
  3. Participant, for himself or herself, and on behalf of his or her personal representatives, heirs, next-of-kin, spouse and assigns, RELEASES, DISCHARGES AND PROMISES NOT TO SUE TSC and its directors, employees, volunteers, agents and representatives for any loss, liability, damage, or cost whatsoever arising out of or related to any loss, damage or injury (including death) to Participant’s person or property resulting from Participant’s participation in the Activities.
  4. Participant, for himself or herself, and on behalf of his or her personal representatives, heirs, next-of-kin, spouse and assigns, RELEASES TSC and its directors, employees, volunteers, agents and representatives from any and all claims or causes of action in connection with any future physical conditions Participant may experience related to Participant’s participation in the Activities.
  5. Participant INDEMNIFIES, SAVES AND HOLDS HARMLESS TSC and its directors, employees, volunteers, agents and representatives from and against any loss, liability, damage or cost TSC may incur that arises out of or is in any way connected with Participant’s participation in the Activities, or any acts or omissions, of Participant.
  6. TSC has advised Participant to seek competent medical advice before participating in the Activities, and Participant acknowledges that he/she is in good health and has informed his/her doctor of the Participant’s participation in the Activities. Participant acknowledges that he/she has been cleared by his/her doctor to participate in the Activities.  Participant acknowledges that he/she does not have any medical condition, including but not limited to, heart disease, asthma, hypertension, or diabetes, that may interfere with Participant’s participation in the Activities. Participant further acknowledges that TSC is not able to provide medical advice or medical care.
  7. Participant agrees to abide by and follow any instructions given or rules established by TSC with regard to the Activities; Participant’s participation in the Activities; and equipment or gear recommended by TSC.
  8. Participant expressly agrees this Release is governed, and is intended to be as broad and inclusive as permitted, by law. If any portion of this Release is held invalid, illegal, or unenforceable, the validity, legality and enforceability of the balance of the Release shall not be affected or impaired in any way and shall continue in full legal force and effect.
  9. Participant acknowledges that this document is a contract and agrees that if a lawsuit is filed against TSC for any injury or damage in breach of this contract, Participant will pay all attorneys’ fees and costs incurred by TSC in defending such action.

 

WARNING

THIS IS A LEGAL DOCUMENT WITH LEGAL CONSEQUENCES.  BY SIGNING THIS RELEASE, PARTICIPANT IS GIVING UP RIGHTS HE OR SHE MAY OTHERWISE HAVE.

 

I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT.  I UNDERSTAND IT IS TSC’S INTENT, IN WHICH I CONCUR, TO AVOID ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS OR DAMAGES, WHETHER KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN BY OR THROUGH ME OR ANY THIRD PARTY, ARISING OUT OF OR RELATING TO MY PARTICIPATION IN THE ACTIVITIES. I FULLY REALIZE I MAY SUSTAIN DAMAGES, INJURIES, LOSSES OR LIABILITY RESULTING DIRECTLY OR INDIRECTLY FROM PARTICIPATION IN THE ACTIVITIES.  BY EXECUTING THIS DOCUMENT, I FULLY INTEND TO RELEASE TSC FROM ANY AND ALL SUCH DAMAGES, INJURIES, LOSSES, OR LIABILITIES, WHETHER ARISING FROM NEGLIGENCE OR OTHERWISE.

 

AUTHORIZATION FOR THE USE OF THE RIGHT OF PUBLICITY

STRENGTH COMMUNITY CONFERENCES L.L.C - LICENSE No 1017195

 

In order to ensure the proper execution of the contractual and/or commercial relationship that I carry out with STRENGTH COMMUNITY CONFERENCES L.L.C ("the Company" or "STRENGTH COMMUNITY”), as well as my attendance to classes and seminars conducted by the Company, I will permit my image to be incorporated in various physical and digital materials to be used by the STRENGTH COMMUNITY for commercial and/or advertising purposes.

For this reason, I freely and expressly authorize the use of my image for commercial and/or advertising purposes to STRENGTH COMMUNITY, under the terms and conditions described in its Privacy Policy (that can be consulted through its website: https://strength-community.com/privacy-policy/), as well as the Colombian legislation governing the matter, and under the understanding that I have previously granted an informed authorization for the treatment of my sensitive data by this Company.

Specifically, I authorize that my participation in the classes and seminars conducted by STRENGTH COMMUNITY can be recorded and that my body image, voice, and photographs can be used in physical and/or digital products (advertisements, advertising pieces, graphic pieces, videos, and animations) that the Company considers appropriate for these activities and to advertise or promote the services provided by the Strength and Metabolic Software in the market.

I also authorize the distribution and commercialization of the products described above through various physical and digital media, including the Company's website, its social networks, internet, streaming platforms, forums, events, fairs, television, and conferences, without any territorial restrictions.

On the other hand, the Company undertakes to ensure the appropriate use of my image, for the development of the activities and products described above, and to respect my right to privacy. For this reason, I have been informed about the rights of consultation, rectification, modification, and revocation of this authorization that I can exercise at any time by sending a written communication to the e-mail [email protected] or to the physical address P.O.Box 453582 in Dubai, UAE, or by calling +971 58 547 7272.

Likewise, I declare to know that STRENGTH COMMUNITY is the legitimate owner of the economic rights of reproduction, public communication, transformation, and distribution of the products described above that contain legitimate expressions of my image.

Finally, this authorization is granted free of charge and shall remain in force for an indefinite term and even after the end of the civil or commercial relationship that I carry out with the Company.

Thus, STRENGTH COMMUNITY is authorized to use my image in the terms described above and for the purposes presented in this document.

 

GENERAL AUTHORIZATION FOR THE TREATMENT OF PERSONAL DATA

STRENGTH COMMUNITY CONFERENCES L.L.C

(STRENGTH COMMUNITY or the Company)

LICENSE No 1017195

 

By signing this document, I declare that I authorize STRENGTH COMMUNITY to collect, use, and treat my personal data contained in it and those that may be provided or collected in the future for the purposes and under the terms and conditions described in the Privacy Policy of STRENGTH COMMUNITY available at https://strength-community.com/, which I declare to have read.

I freely declare that it is my intention to grant STRENGTH COMMUNITY the authorization for the use, collection and treatment of private and semi-private data that I provide freely and voluntarily, for the proper execution of the professional, civil, commercial or contractual relationship that I carry out with the Company.

I freely declare that it is also my intention to grant STRENGTH COMMUNITY the authorization for the use, collection and treatment of my sensitive data, such as my voice, photograph and data relating to my health, diet and physical condition, that I provide freely and voluntarily, for the proper execution of the professional, civil, commercial or contractual relationship that I carry out with the Company.

STRENGTH COMMUNITY has informed me that sensitive data includes information that may affect my privacy and could cause any form of discrimination; therefore, I am not obliged to grant authorization for its treatment.

I understand that I may exercise the following rights over my personal data:

  • To know, update, and rectify my personal data;
  • To request proof of the authorization granted;
  • To be informed, upon request, regarding the use that has been made of my personal data;
  • To file complaints before the Superintendence of Industry and Commerce for infringements to the provisions of the law regulating the matter;
  • To revoke the authorization and/or request the deletion of the data; and
  • To have access to the personal data that have been processed.

The above by sending a written communication to the e-mail [email protected] or to the physical address P.O.Box 453582 in Dubai, UAE, or by calling +971 58 547 7272.

I also declare to know that the main purposes of the treatment of my data are:

  • The correct execution of the Company's corporate purpose.
  • The personal and non-transferable use of the Strength & Metabolic Software, as well as the creation of the profile required to access its different functionalities.
  • The participation in virtual and in-person classes and seminars carried out by the Company.
  • To record the virtual and in-person classes and seminars conducted by the Company.
  • To keep a photographic or videographic record of the virtual and in-person classes and seminars conducted by the Company.
  • To carry out statistical and scientific studies, in which case the sensitive information will be presented in an anonymized manner.
  • The delivery of informative and advertising messages about the Strength & Metabolic Software and other products and services offered by the Company.
  • To ensure the communication with the Company.
  • Accounting and billing activities.
  • To conduct scientific and marketing studies.
  • To ensure compliance with legal and contractual obligations.

The Company undertakes to take the necessary measures to ensure the security and integrity of all the data I provide for the described purposes.

Finally, I authorize STRENGTH COMMUNITY the transfer or transmission of the content of my personal data to third parties in order to comply with the purposes present in the Privacy Policy of the Company and in the events in which STRENGTH COMMUNITY would consider it necessary for the proper execution of its corporate activity.

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Signature Certificate
Document name: Waiver
lock iconUnique Document ID: c8f404155b497a71b5de767afc24609e638b2838
Timestamp Audit
February 26, 2020 12:00 pm -05Waiver Uploaded by The Strength Community - [email protected] IP 38.40.39.21