SWC LAGREE studio Terms of Uses

PLEASE CAREFULLY REVIEW THE TERMS OF USE OF THIS SITE. These Terms of Use (“Terms”) constitute a legal agreement between you and SWCLAGREE INC. (“SWCLAGREE”, “us”, “our”, and “we”) governing your access to and use of the website, online services, mobile site, or other domain or software application which SWCLAGREE owns, operates, licenses, or controls (the “Site”). By accessing or viewing the Site or participating in or using any service offered on this Site (collectively, the “Services”), you agree to these Terms. Do not use this Site if you do not agree to be bound by these Terms.

You represent and warrant that you are at least 18 years of age. If you are under the age of 18, you are visiting the Site under the supervision of a parent or guardian who has expressly agreed to these Terms through a consent mechanism provided by the Site. If you provide incorrect information or use the Site without required parental consent, SWCLAGREE reserves the right to terminate your access to the Site and delete any personal information associated with your account. Our Site is not intended for those under the age of 15.

Please note that we may periodically change these Terms from time to time without notice to you by posting a revised version of the Terms of Use on this Site, so please check them from time to time as your continued use of the Site signifies your acceptance of any changed Terms. The amended Terms will automatically be effective when posted on this Site. It is your responsibility to review the Terms of Use periodically to be aware of any such changes. These Terms contain provisions that limit our liability to you. Please note that our Privacy Policy (https://www.swclagree.com/privacy-policy) is a part of and incorporated into these Terms.

All contents and materials on this Site are protected as the copyrights, trade dress, trademarks, service marks, and/or other intellectual properties (whether registered or unregistered) that are protected by applicable laws, and treaties of the United States and other countries, and that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. Unless otherwise provided in these Terms or otherwise indicated on the Site, SWCLAGREE or its licensors own all content on the Site, including, without limitation, all videos, text, graphics, user interfaces, visual interfaces, photographs, moving images, illustrations, files, logos, artwork, computer code, design, structure, selection, coordination, “look and feel” and arrangement of such content. You may not use, modify, copy, republish, duplicate, distribute, upload, download, post, transmit, frame, or use any of the contents or materials on this Site without SWCLAGREE's express prior written consent, to be withheld or given in our sole and absolute discretion. You also may not use any data scraping tools, bots, or similar data gathering and extraction tools on this Site, except as allowed under the doctrine of fair use or other usage expressly allowed by law. You may not store electronically any significant portion of any Content from this Site. All rights not expressly granted are reserved. You acknowledge and agree that the content on this Site constitutes valuable intellectual property and proprietary information of SWCLAGREE or its licensors and content providers and that you acquire no ownership interest by accessing or using the Site or the content. You agree to comply with all applicable copyright and trademark laws.

For permission to use content from this Site or from marketing material authored and distributed by SWCLAGREE, you must request written permission in advance and provide full attribution. Permission should be requested by contacting info@swclagree.com.

Your use of the contents and materials included on this Site is for informational purposes and personal use only. You agree not to distribute, publish, transmit, modify, display, or create derivative works from or exploit the contents or materials of this Site in any way. You acknowledge that unauthorized use of the contents or materials from this Site could cause irreparable harm to SWCLAGREE, and that in the event of unauthorized use SWCLAGREE shall be entitled to equitable relief, including without limitation, injunctive relief and specific performance (without being required to obtain a bond or post other security or prove actual damages), in addition to any other remedy available at law or in equity. You further agree to indemnify and hold SWCLAGREE, its officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site or your violation of these Terms. You further agree to indemnify and hold SWCLAGREE harmless for any damages, losses, costs, or expenses, including reasonable attorneys' fees, that SWCLAGREE may incur as a result of your unauthorized use of the contents or materials from this Site.

SWCLAGREE does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or menu items, product enhancements, processes, recipes, materials, marketing plans, or new product names. Please do not send any original creative artwork, suggestions, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when SWCLAGREE's products or marketing strategies might seem similar to ideas submitted to SWCLAGREE. If, despite our request, you still send us your ideas, you do so with the understanding that SWCLAGREE can use them without any obligation to compensate you for them, now or in the future.

If, despite our request that you not send us your ideas, you still submit them, then regardless of what your letter says, the following terms shall apply to your submission. You agree and warrant that: (1) SWCLAGREE will have the nonexclusive, royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media without compensation to you or any other person or party. and SWCLAGREE will have the immediate right to use, copy, adapt, publish, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such submission for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such submission, and to grant and authorize sublicenses of the foregoing, without any payment to you; (2) SWCLAGREE will consider the submission to be non-confidential and non-proprietary; (3) SWCLAGREE shall have no obligations concerning the submission, including but not limited to, no obligation to return any materials or acknowledge receipt of any submission; (4) SWCLAGREE may use or redistribute the submission or its content for any purpose and in any way it chooses; (5) the submission does not contain trade secrets or proprietary information owned by another and does not infringe upon the copyrights, trademarks, rights of privacy, publicity, or other intellectual property or other rights of any person or entity; (6) you have all requisite rights to, and are authorized to disclose, all of the information contained in the submission; and (7) you are fully responsible for any submission you make and for the legality, reliability, appropriateness, and originality thereof. You agree to execute any documents required by SWCLAGREE to confirm such rights.

In addition to the rights applicable to any submitted material, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other content, only to the extent necessary for the display and operation of such review, comment, or other content on the Site. We may, but shall not be obligated to, remove or edit any submitted material (including comments or reviews) for any reason.

(a) You will not introduce a virus, malware, ransomware, or any other harmful component, or otherwise tamper with, impair or damage the Site, or interfere with any person or entity’s use or enjoyment of the Site; (b) You will not distribute, publish, transmit, modify, display, or create derivative works from or exploit any of the Content available on this Site in any way; (c) You will not post or submit anything to this Site that may violate any rights of any third party, including any copyright, trademark, privacy, or other personal or proprietary right(s); (d) You will follow all of these Terms, as well as all applicable laws, rules, and regulations, and will not engage in or encourage conduct that may give rise to civil liability or violate any law; (e) You will only provide truthful, complete, and accurate information; (f) You will not impersonate or misrepresent your affiliation with another person or entity; (g) You will not harass, threaten, or abuse any other person when using this Site in any manner; (h) You will not access, intercept, monitor, damage, or modify any data not intended for you or log into a server or account that you are not authorized to access; (i) You will not attempt to probe, scan, or test the vulnerability of SWCLAGREE systems or network or breach the security or authentication measures without proper authorization; (j) You will not access this Site with any data extraction, scraping, mining, or other data gathering tools, including but not limited to bots, spiders, or other automated methods, or otherwise scrape, collect, store, or use any Content from this Site; (k) You will not interfere with or disrupt this Site, or servers or networks connected to this Site, or disobey any requirements, procedures, policies, or regulations of networks connected to this Site; and (l) You will not e-mail, transmit, or otherwise transfer to or through this Site any material or information that is obscene, or may be hateful or offensive on racial, ethnic, sexual, or any other grounds; is unlawful, harmful, threatening, abusive, harassing, tortious, vulgar, distasteful, or otherwise objectionable; violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability; or is defamatory, libelous, or invades another person’s privacy or proprietary rights.

We and our third-party partners reserve the right to restrict or block access to the Services for any reason or no reason, subject to applicable laws, including, but not limited to, the California Consumer Privacy Act and other relevant state and federal laws, provided such restriction or blockage is made in good faith. Except in situations deemed by us to be emergencies, we will provide you with reasonable notice and an opportunity to dispute such restriction or blockage.

SWCLAGREE reserves the right, without prior notice and without incurring any obligations, to discontinue or change the specifications of any products or services offered on this Site.

SWCLAGREE may provide links from or to other websites maintained by third parties (“Linked Sites”) that are not under the control of SWCLAGREE. SWCLAGREE has not reviewed or endorsed these Linked Sites, and you hereby acknowledge and agree that we shall not be responsible for the content, reliability, nature, products, services, availability, advertising, information or use of user information or other materials offered on any of the Linked Sites. The appearance of Linked Sites on this Site does not imply our support or endorsement. When you visit the Linked Sites, you should understand that our terms and policies no longer govern and that the terms and policies of those third-party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Sites. You access linked sites at your own risk. In no event shall SWCLAGREE be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through any of the Linked Sites, and you agree to indemnify us from and against any claims incurred as the result of any such dealings. You should direct any concerns to the administrator or Webmaster of any such Linked Site. SWCLAGREE reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from this Site and/or introduce different features or links to different users.

SWCLAGREE may display advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. SWCLAGREE is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of such third-party information on the Site.

SWCLAGREE reserves the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof, provided that, unless in case of an emergency or when immediate action is required, we will use reasonable efforts to give you prior notice of any such modification or discontinuation. You agree that SWCLAGREE will not be liable for any modification, suspension or discontinuance of the Site or any part thereof, to the fullest extent permitted by applicable law.

If you are a copyright owner who believes in good faith that your copyrighted material has been reproduced, posted, or distributed on the Site in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by U.S. Mail to:

SWCLAGREE INC.

Attention: [Brianna Nichols]

[3734 E Coast Hwy]

[Corona Del Mar, CA, 92625]

or by email to: info@swclagree.com.

In accordance with the Digital Millennium Copyright Act (“DMCA”), please include the following information in your written notice: (i) your contact information, including your name, address, telephone number, and email address; (ii) identification and description of each copyrighted work that you claim has been infringed; (iii) the exact URL or location of the material that you claim is infringing; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (vi) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owners. While SWCLAGREE considers all such notices seriously, You may be liable for damages (including costs and attorneys' fees) if you make a false claim that content or activity is infringing when such claim is made with knowledge that it is false or with reckless disregard for the truth or falsity of the claim.

SWCLAGREE reserves the right, in its sole discretion, to terminate your access to all or part of the Site, without notice or liability, for any reason, including, but not limited to: (a) the unauthorized use of any username or password; or (b) the breach of any agreement between you and SWCLAGREE, including, without limitation, these Terms. Following any such termination of access, you will remain bound by the provisions of these Terms that by their nature should survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Upon being notified that your access is terminated, you must destroy any materials you have obtained from the Site. You may not access the Site after your access is terminated without our written approval. After terminating your access, SWCLAGREE will retain all rights, including all intellectual property rights, proprietary rights, and licenses retained in these Terms, and the limitations upon your use and treatment of the Site’s content will remain in full force.

In addition to your rights of cancellation and refund, you may cancel a reserved spot in a class for rescheduling up to 12 hours before the scheduled class time. In such cases, the class will be returned to your account to be used at a future date, subject to the applicable expiration date for the class or series of classes.

Member Late Cancellation Fee: A fee of $35 will be charged for cancellations made less than 4 hours before the class time, subject to any restrictions or requirements under applicable California law. If you hold a class credit it will be lost if your cancellation occurs within 4 hours of the class.
Member No-Show Fee: A fee of $35 will be charged for failing to attend a scheduled class and not provide adequate cancellation notice of 4 hours or more prior to the class, subject to any restrictions or requirements under applicable California law.
ALL Class Pack Holders (including any class cards, single classes, new client limited class specials, etc.) will incur a loss of class credit for a missed or late-canceled class.
Fees and/or loss of credit may be waived or reversed at the discretion of SWCLAGREE if and only if you as the client are making a same-day change in venue or class time, which is dependent on the availability of such class at the time of a requested change. We are unable to and cannot guarantee to move ANY client into a waitlisted class from another class.

How to Cancel:

Policy for Available Spots and Late Arrivals:

Available spots will be released to the SWCLAGREE waitlist 5 minutes before the class begins.
No entry will be allowed into the studio 5 minutes after the class has started.
If you plan to leave early, please inform the instructor ahead of time.

Policy for Waitlist Bookings:

You may be booked from the waitlist 12 hours prior to class as clients cancel.
If booked from the waitlist, you are responsible for this reservation, and standard cancellation policies apply.

You agree to indemnify, defend, and hold harmless SWCLAGREE, and its officers, directors, employees, contractors, agents, licensors, and service providers from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ or legal fees) arising out of or related to (i) your access to and use of this Site or the Services, (ii) your violation of these Terms, (iii) your violation of any rights of any third party, including any copyright, trademark, trade secret, or privacy right, or (iv) your conduct in connection with the Site. Furthermore, you agree to cooperate fully in the defense of any of the foregoing.

EXCEPT AS EXPRESSLY STATED OTHERWISE, THE CONTENT OF THIS SITE IS OFFERED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTY WHATSOEVER, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SWCLAGREE MAKES NO REPRESENTATION AS TO THE COMPLETENESS, ACCURACY, OR CURRENCY OF ANY INFORMATION ON THIS SITE. WITHOUT LIMITATION, SWCLAGREE MAKES NO WARRANTY OR REPRESENTATIONS, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND/OR NON-INFRINGEMENT. SWCLAGREE DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE PRIVATE OR SECURE, AND SWCLAGREE IS NOT LIABLE FOR ANY LACK OF PRIVACY OR SECURITY YOU MAY EXPERIENCE.

SWCLAGREE does not guarantee the functions contained in this Site will be uninterrupted or error-free, that this Site or its server will be free of viruses or other harmful components, or that defects will be corrected even if SWCLAGREE is aware of them. This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Site may include technical inaccuracies and typographical errors. Under California law, certain implied warranties can be disclaimed. Therefore, the above exclusions may apply to you unless otherwise prohibited by law.

SWCLAGREE (OR ITS OFFICERS, DIRECTORS, AFFILIATES, SUBSIDIARIES, AGENTS, AND EMPLOYEES) WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY OR ARISING OUT OF YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURES. SWCLAGREE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENTS OR MATERIALS ON THIS SITE, EVEN IF SWCLAGREE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR WILL SWCLAGREE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO, ACTS OF GOD, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, EARTHQUAKES, RIOTS, WAR, TERRORISM, OR GOVERNMENT ACTIONS. SWCLAGREE'S TOTAL LIABILITY FOR ANY LOSS, DAMAGES OR CAUSE OF ACTION (INCLUDING CONTRACT, TORT, STRICT LIABILITY, ETC.) SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO ACCESS THIS SITE.

WITHOUT LIMITING ANY OF THE FOREGOING, IF SWCLAGREE IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE SITE, OR YOUR USE OF THE SITE, THE MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS WILL NOT, IN ANY CALENDAR YEAR, EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR USE OF THE SITE OR $100. Any claim or cause of action you may have with respect to this Site, including without limitation your ability to access or use this Site, must be commenced within the period provided by applicable California law after the claim or cause of action arose.

These disclaimers and limitations do not limit liability that cannot be excluded under the applicable California law.

For safety and to ensure the best performance in our athletic classes, every participant is required to follow these clothing guidelines:

General Attire: Participants are required to wear appropriate athletic clothing. This includes, but is not limited to:

Grip socks to protect the feet and prevent slipping.
Prohibited Items: The following items are not permitted during the class:
Open-toe shoes, sandals, or flip-flops.
Jewelry or accessories that may pose a safety risk.

Specific Requirements: For certain activities or classes, additional or specific apparel may be required. Participants will be informed in advance of any such requirements.

Failure to comply with these apparel requirements may result in:

Denial of participation in the class.
A request to change into appropriate attire before resuming participation.
In cases of repeated non-compliance, possible suspension or termination of class membership.

We appreciate your cooperation in helping us maintain a safe and enjoyable environment for all participants.

By utilizing the sauna and/or cold plunge facilities (collectively, the “Facilities”) at SWC LAGREE (the “Company”), you acknowledge and agree, on behalf of yourself, your heirs, personal representatives, and/or assigns (collectively “you” and/or “yourself”) that:

(a) There are certain inherent risks and dangers associated with the use of the sauna, including but not limited to, heat-related illnesses such as heat exhaustion and heat stroke, dehydration, and other health complications. Similarly, the use of the cold plunge involves risks such as hypothermia, shock, and other cold-related health issues.

(b) You have voluntarily chosen to use these Facilities and understand that the Company strongly recommends consulting with a physician prior to using the sauna or cold plunge, especially if you have pre-existing conditions, are pregnant, or are under medication that may affect your body's reaction to heat or cold.

(c) You agree to adhere to any posted safety instructions and time limits for the use of these Facilities, understanding that failure to do so may result in adverse health effects or injury.

(d) You voluntarily assume all risks and dangers of injury or death inherent in the use of the sauna and cold plunge facilities.

(e) You release and discharge the Company, its owners, trainers, employees, shareholders, subsidiaries, successors, agents, affiliates, insurers, officers, directors, independent contractors, attorneys, and any representatives (“Releasees”) from any loss, damage, injury (including death or disability), or cost to you arising out of the use of the sauna and cold plunge, except for any loss, damage, injury, or cost caused by the Company’s gross negligence or willful misconduct.

(f) You agree to comply with all safety instructions provided by the Company’s staff and understand that failure to follow these instructions may result in expulsion from the premises.

(g) Under no circumstance should minors aged under 18 use these Facilities.

At SWCLAGREE, we are committed to privacy and security. Any information that SWCLAGREE may obtain from you during your use of this Site is subject to our Privacy Policy, which is incorporated by this reference into these Terms. For the full text of our Privacy Policy, please click here. You understand that through your use of the Site or the Services, you consent to the collection and use of your information as set forth in the Privacy Policy. Our Privacy Policy may provide additional options to opt out of the sharing of this information.

Except with respect to principles of conflicts of laws, any dispute arising from these Terms or from any other use of this Site shall be resolved in accordance with the laws of the state of California and the prevailing party as determined by the trier of fact in any such action, proceeding, litigation or other dispute resolution forum or judicial proceeding shall be entitled to recover its reasonable attorney’s fees and costs.

Any provision of these terms shall be severable to the extent that the provision, or any portion thereof, might be illegal, invalid, or otherwise unenforceable. The invalidity of any provision, or portion thereof, shall not affect the enforceability of the remaining provision or provisions.

Failure or delay by SWCLAGREE to exercise any right, power, privilege or remedy shall not constitute a waiver thereof. No modification or waiver by SWCLAGREE of any provision shall be deemed to have been made unless made in writing and signed by an authorized representative of SWCLAGREE.

Please feel free to contact us with any comments, questions, or suggestions you might have regarding the information described on the Site. You may contact us at info@swclagree.com.

[signature]

SWC LAGREE STUDIO LIABILITY WAIVER

1. General assumption of risk and limitation of liability

By signing this contract, either in person or electronically, or by participating in any programs, classes, events, activities, and/or other services of SWC LAGREE (the “Company”) whether online, in the Company’s studio, or using the Company’s equipment (the “Equipment”), which has been manufactured, sold, purchased, leased, and/or operated by the Releasees, as defined below (collectively, the Company’s “Services”), you hereby acknowledge, understand, and agree, on behalf of yourself, your heirs, personal representatives, and/or assigns (collectively “you” and/or “yourself”) that:

(a) there are certain inherent risks and dangers in the strenuous nature of the Company’s workout program created and/or instructed by the Company and/or Releasees,

(b) you have voluntarily chosen to enroll and participate in an intense physical exercise program,

(c) you understand that the Company strongly recommends that you consult with your physician prior to commencing any workout regimen and agree that you are in good physical condition and do not suffer from any known condition which would prevent your participation,

(d) you have been fully informed of the strenuous nature of this exercise program and the possibility of adverse physiological occurrences including, but not limited to, abnormal blood pressure, fainting, heart attack, and/or death, and

(e) you acknowledge and VOLUNTARILY ASSUME ALL RISKS and danger of injury or death inherent in physical exercises, fitness training and/or use of the Equipment.

You further release and discharge the COMPANY, ITS OWNERS, TRAINERS, EMPLOYEES, SHAREHOLDERS, SUBSIDIARIES, SUCCESSORS, AGENTS, AFFILIATES, INSURERS, OFFICERS, DIRECTORS, INDEPENDENT CONTRACTORS, ATTORNEYS, AND ANY REPRESENTATIVES (“Releasees”) from any and all liability for any loss, damage, injury (including death or disability) or cost to you arising out of the physical exercises, fitness training, and/or use or other operation of any fitness Equipment, except for any loss, damage, injury or cost directly caused by the Company’s gross negligence or willful misconduct. You, on behalf of yourself, your heirs, your executors, trustees, administrators and/or agents promise not to sue or make any claim against the Releasees for loss, damage, or injury, for any claim excluding those claims based on the negligence and gross negligence (as defined by the legal standards in the jurisdiction where the services are provided) of the Company or its instructors, in connection with (1) the use of all amenities, instruction, training, your participation in any activity, class program, personal training, instruction, or creation of any exercise, (2) the sudden and unforeseen malfunctioning of any Equipment, and (c) your slipping and/or falling while in the studio, or in the studio premises, including adjacent parking areas and sidewalks, as well as any claim of negligence relating to the manufacture, purchase, lease, equipment in the facility, maintenance or operation of fitness Equipment, which resulted in loss, damage, injury or death.

You agree to abide by and follow any instructions given or rules established by Company, its owners, trainers, employees, and agents, with regard to your engaging in any physical exercise or other fitness training, the Equipment and that your failure to do so, may result in your expulsion from the premises.

You agree that this release and waiver of liability, assumption of risk, and indemnity agreement is governed by laws of the State of California and is intended to be as broad and inclusive as is permitted by California law, and that in the event any portion of this Agreement is determined to be invalid, illegal, or unenforceable for any reason, the balance of the Agreement shall not be affected or impaired in any way and shall continue in full legal force and effect, to the fullest extent permitted by law.

If you are enrolling a minor (15-18) years of age, or older, if applicable in the minor’s state of residence, the above release applies equally to said minor if and only if the minor's parent or legal guardian has agreed to this contract on the minor's behalf. No one under 15 years of age may participate. A minor 15-18 years of age may participate only with a parent or legal guardian present, who has also agreed to the terms of this contract.

2. Pregnancy clause

If you are pregnant, you must consult with your primary care physician and obtain their approval prior to participating in any of the Company’s workout programs. You acknowledge that engaging in physical exertion while pregnant carries additional risks, including but not limited to, premature labor, placental abruption, preeclampsia, miscarriage, and other pregnancy-related complications. By participating in the Company’s workout programs while pregnant, you assume all risks and liabilities associated with physical exercise during pregnancy.

3. Coronavirus limitation of liability

By signing this contract (electronically or otherwise proceeding with this enrollment process), enrolling online, attending classes, events, activities, and/or other programs of the Company whether online, in the Company’s studio, or using the Company’s equipment (collectively, the Company’s “Services”), you understand that the Company will once again welcome individuals amid the Coronavirus (also known as COVID-19 virus). The Company takes the Coronavirus pandemic very seriously, as it is an extremely contagious virus that may lead to severe illness, permanent disability and death that is believed to spread by person to person contact, and the Company has put in place preventative measures to help reduce the spread of COVID-19; however, the Company cannot guarantee that you, your family, and/or your guests will not become infected with COVID-19. It is possible that attending classes, events, and/or activities at the Company may place you in close physical contact with other members, attendees, and staff and could increase the risk that you, your family members, and/or your guests contract COVID-19.

You acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you, your family members, and/or your guests may be exposed to or infected by COVID-19 at the Company’s studio and that such exposure or infection could result in personal injury, illness, permanent disability, and/or death. You understand that the risk of becoming exposed to or infected by COVID-19 at the Company may result from the actions, omissions, or negligence of yourself or others, including, but not limited to, the Company’s employees and members

You understand that the Company has implemented and clearly communicated that enhanced health and safety measures are of the utmost importance. However, given the extremely contagious nature of this virus, you acknowledge and agree that there is an inherent risk of contracting COVID-19 during my time at the Company, and YOU ASSUME ALL RISK, TO THE FULLEST EXTENT PERMITTED BY LAW, of being infected with COVID-19 and related complications, some of which may not be known at this time. Specifically, you understand and agree that COVID-19 complications may include extensive quarantine and self-isolation, testing, hospitalization with additional medical treatment, Intensive Care Unit treatment, intubation/ventilator support, the risk of death, and other potential complications.

BY ENTERING AND REMAINING AT THE COMPANY, YOU VOLUNTARILY ASSUME, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RISKS INVOLVING AND RELATED TO COVID-19 EXPOSURE AND RELATED COMPLICATIONS.

4. Non-recording of live studio classes agreement

By signing this contract (electronically or otherwise proceeding with this enrollment process), enrolling online, attending classes, events, activities, and/or other programs of the Company whether online, in the Company’s studio, or using the Company’s equipment, you acknowledge and agree that any type of recording or transmission (video, audio, still photography, streaming, social media posting, etc.) of any live Company classes for commercial purposes is strictly prohibited without the prior written consent of an authorized corporate officer of the Company. Personal use, including personal progress tracking, is allowed, provided it does not distract other participants, disrupt the flow of the class, or capture images, audio, or video of other attendees without their express consent. The Company’s studio teams and instructors are not authorized to provide consent. This includes even a temporary recording/transmission via online platforms such as SnapChat, Facebook, or Instagram. You are, however, permitted to record and post lawful, non-offensive content related to your participation in the Company’s studio class before and/or after a class with the consent of each participant who is identified in your content.

Any violation of this policy may lead to exclusion from future participation in any of the Company’s classes, subject to a review and decision by the relevant authority in the Company. The member will be given an opportunity to present their case prior to a final decision. Reinstatement opportunities will be evaluated on a case-by-case basis. You further agree, to the fullest extent permitted by law, to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and instructors, from and against any claims, lawsuits or other actions, and all resulting loss, damage, or cost of any kind (including reasonable attorneys’ fees) resulting from your unauthorized recording, transmission, or other violation of this policy.

5. Intellectual property

You acknowledge that all content and materials available on or through the Company and www.swclagree.com are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by the Company. You may only use the Company’s studios, their online website, classes, exercises, and Equipment for personal use and for no other purpose. The Company retains exclusive ownership of all material and other related information. You shall have no right to, and you agree not to (directly or indirectly), own, use, sell, license, sublicense, assign, rent, lease, loan, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, translate, improve, edit or create any new or derivative works from the Company or materials available through the website or Studio (including Equipment or machines), in whole or in part. You shall have no rights to the proprietary exercises, Equipment, machines, and related documentation, if any, provided to you by or on behalf of the Company.

The trade names, trademarks, service marks and logos displayed are the property of the Company. Except when referring to the Company and/or its products and services, you may not use our trade names, trademarks, service marks or logos, or any trade name, trademark, service mark or logo confusingly similar thereto.

6. Anti-Discrimination and anti-harassment policy

The Company disapproves of any unwelcomed, inappropriate, discriminatory, harassing, and/or offensive conduct by its personnel or its members. If you believe you have been subject to unwelcomed, inappropriate, and/or offensive conduct by any of the Company’s personnel or any of the Company’s member(s), including while participating in the Company’s class, we encourage you to tell the person engaging clearly and promptly, in the conduct, that the conduct is unwelcomed and offensive (if you are comfortable doing so). We also ask that you promptly notify a member of the studio team if the discrimination, harassment or other unwanted conduct takes place in a studio, or email the Company’s team at info@swclagree.com if you feel more comfortable reporting the discrimination, harassment, or other unwanted conduct by email correspondence.

When making a report or complaint, we strongly recommend that you provide as much information as possible and in writing, including but not limited to, each alleged incident: date, time, place (specify studio location or time/type of virtual class), names of any witnesses, what was said or done, and any other relevant surrounding facts/circumstances.

The Company will strive to appropriately investigate any reported incidents and seek to provide due process for all parties. The Company’s responsive actions, however, cannot be known in advance since they will vary depending upon the nature of the allegations and the outcome of the investigation. The Company strives to maintain confidentiality throughout the investigative process to the extent practicable. However, our duty to investigate and take corrective action as appropriate may require the disclosure of certain information, and therefore, confidentiality cannot be guaranteed.

Any disputes or complaints not resolved via this complaint process will be subject to the below Arbitration Agreement.

7. Arbitration agreement and waiver of any right to a jury trial

Please Read the Following Carefully – It May Significantly Affect Your Legal Rights Including Your Right to File a Lawsuit in Court

You understand and agree that all claims arising out of or relating to your use of the Services (including the formation, performance, and breach of this arbitration agreement), your and our relationship, and/or your use of the Services shall be finally settled by binding arbitration administered by the ADR Services, Inc. (“ADR Services”) Arbitration Rules (“ADR Services Rules”), excluding any rules or procedures governing or permitting class actions.

Each party will have the right to use legal counsel in connection with arbitration at its own expense. You and the Company shall select a single neutral arbitrator in accordance with the ADR Services Rules. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on you and us, and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this arbitration agreement and all other agreements between you and the Company shall be subject to the Federal Arbitration Act.

The current ADR Services Rules governing arbitration may be accessed at https://www.adrservices.com/services/arbitration-rules/.

The parties agree to split the cost of the arbitration, unless the arbitrator finds that the claim was frivolous or brought for an improper purpose, as measured by the standards set forth in Federal Rule of Civil Procedure 11(b).

YOU AND THE COMPANY UNDERSTAND THAT ABSENT THIS MANDATORY PROVISION, YOU AND THE COMPANY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. You and the Company further understand that the right to discovery may be more limited in arbitration than in court.

8. Assumption of Risk in Using Sauna on Premises

By utilizing the sauna facilities (collectively, the “Facilities”) at SWC LAGREE (the “Company”), you acknowledge and agree, on behalf of yourself, your heirs, personal representatives, and/or assigns (collectively “you” and/or “yourself”) that:

(c) You agree to adhere to any posted safety instructions and time limits for the use of these Facilities, understanding that failure to do so may result in adverse health effects or injury.

(d) You voluntarily assume all risks and dangers of injury or death inherent in the use of the sauna and cold plunge facilities.

(e) You release and discharge the Company, its owners, trainers, employees, shareholders, subsidiaries, successors, agents, affiliates, insurers, officers, directors, independent contractors, attorneys, and any representatives (“Releasees”) from any and all loss, damage, injury (including death or disability), or cost to you arising out of the use of the sauna and cold plunge, regardless of the cause, except for any loss, damage, injury, or cost caused by the Company’s gross negligence or willful misconduct.

(f) You agree to comply with all safety instructions provided by the Company’s staff and understand that failure to follow these instructions may result in expulsion from the premises.

(g) Under no circumstance should minors aged under 18 use these Facilities.

Class action and Class Arbitration waiver

You and the Company each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class, collective, or representative (“Class”) action, and you and the Company each expressly waive our respective right to file a Class action or seek relief on a Class basis, unless otherwise required by law. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a Class basis, then the class action waiver in this Agreement shall be deemed null and void, but the remainder of the arbitration agreement will remain in effect between you and the Company.

Exception – Small Claims Court Claims. Notwithstanding your and the Company’s agreement to resolve all disputes through arbitration, either you or the Company may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

9. Exclusive venue for litigation and governing law

To the extent that the arbitration provisions set forth above do not apply or if you have opted out of arbitration, you and the Company expressly consent that any litigation between you and the Company shall be filed exclusively in state or federal courts located in and governed by the laws of the State of California (except for small claims court actions which may be brought in the county where you reside), without giving effect to any principles of conflicts of law. In the event of litigation, you and the Company agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.

10. Indemnification

You agree to defend, indemnify, and hold harmless Releasees for all damages, liabilities, losses, and/or expenses, (including reasonable attorney fees, costs, claims, damages, judgments, awards, settlements, investigations, fees, and disbursements) incurred through third party claims, lawsuits, demands, and/or actions, or threats of claims against Releasees arising from any cause whatsoever, including but not limited to, your breach of this Agreement, your negligent or intentional misconduct during classes, or any other actions or inactions on your part.

11. Notices

Any notices in connection with this Agreement shall be given, in the case of notices to the Company by postal mail to SWC LAGREE, Attn: James Burns, Attorney at Law, 6B Liberty, Suite 130, Aliso Viejo, California 92656, or, in the case of notices to you, by email or by postal mail to the email or postal mail address, respectively, you provide to the Company during the registration process.

12. Miscellaneous

This Agreement constitutes the entire agreement between the Company and you with respect to your Liability Waiver, Arbitration Agreement, and Indemnification Agreement, and supersedes all prior or contemporaneous communications and proposals between us. For clarity, nothing in this Agreement amends or modifies, or has any effect upon, the terms and conditions of any separate agreement that you may have entered into with the Company or Lagree Fitness. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect. Paragraph titles in this Agreement are for convenience and do not define, limit, or extend any provision of this Agreement.

You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default.

All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The Company will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.

You acknowledge that this document is a contract. If you file an arbitration action against the Releasees for any injury or damage, and it is determined to be a breach of this contract, you will be responsible for paying all attorney's fees and costs incurred by the Company in defending such action.

By signing below, and initialing each page, you acknowledge that you have read carefully this “waiver and release” and fully understand that it is a RELEASE OF LIABILITY. You expressly agree to release and discharge the Company, Lagree Fitness, the Studio, and all Releasees, affiliates, employees, agents, representatives, successors, or assigns, from any and all claims or causes of action and YOU AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING LEGAL ACTION AGAINST THE COMPANY FOR ANY CLAIMS OR CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER DAMAGES OR LOSSES ARISING FROM ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO RISKS INHERENT IN THE ACTIVITY. Inherent risks include, but are not limited to, minor injuries such as strains, sprains, muscle tension, serious injuries such as cardiovascular complications, and all risks that are normally associated with strenuous physical activity. You acknowledge and agree that you have made a free and deliberate choice to sign the Release and Waiver as a condition to engaging in exercise and training at the Company. You have freely concluded that the risks involved, and the Release and Waiver of Liability is worth the experience and acknowledge that the same is valuable consideration for this Release and Waiver of Liability.

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