Waiver of Liability
By participating in services provided by Hype and Tone ("Company"), you acknowledge and agree to the following terms and conditions:
1. Assumption of Risk: You understand and acknowledge that participating in any exercise or fitness activity, involves inherent risks, including but not limited to the risk of injury, illness, or even death. You voluntarily assume all risks associated with your participation.
2. Release and Waiver: To the fullest extent permitted by law, you hereby release, discharge, and hold harmless Hype and Tone, its affiliates, directors, officers, employees, agents, and representatives from any and all claims, liabilities, damages, costs, or expenses, including but not limited to medical expenses, arising out of or in connection with your participation, whether caused by the negligence of the Company or otherwise.
3. Indemnification: You agree to defend, indemnify, and hold Hype and Tone harmless from any and all claims, liabilities, damages, costs, or expenses, including reasonable attorneys' fees, arising out of or in connection with your participation, your violation of any applicable laws or regulations, or your infringement of any third-party rights.
4. Limitation of Liability: In no event shall Hype and Tone be liable to you or any third party for any direct, indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with your participation, regardless of the theory of liability, whether based on contract, tort (including negligence), strict liability, or otherwise, even if the Company has been made aware of the potential of such damages.
5. Governing Law and Jurisdiction: This waiver of liability shall be governed by and construed in accordance with the laws of the jurisdiction in which the Platform is offered. Any disputes arising out of or in connection with this waiver shall be exclusively subject to the jurisdiction of the courts located in in the state of California.
6. I give Hype & Tone the right to use photographs and/or videos of myself on social media sites. Including all forms of social network on the internet including, Facebook, Instagram, TikTok, Vimeo and hypeandtone.com.
By accepting this waiver of liability, you acknowledge that you have read, understood, and voluntarily agreed to its terms and conditions.