LIABILITY WAIVER

TERMS / CONDITIONS

Essentially, what these terms and conditions say is that we're is committed in doing our best to provide you with a great service.

Live Stream classes require a 24 hour cancellation. If you miss your Livestream class just contact Louis@trampoLEAN.nyc and you’ll have access to watch it for 24 hours. Health Coaching, Sessions are non-refundable.

By joining a livestream class you agree to our terms and conditions and liability waiver listed below.

CONTENTS

  1. Scope of Agreement

  2. Changes to this Agreement

  3. Accessing the Services and Account Security

  4. Prohibited Uses

  5. Policies, Rules and Regulations

  6. Fees

  7. Intellectual Property Rights

  8. Feedback

  9. Indemnification

  10. Limitation of Liability

Please read these Terms of Service ( “Terms”) carefully before using https://www.TrampoLEAN.nyc or https://trampolean.vhx.tv/ or mobile applications (“Apps”), services provided at our studios, and any other services that we provide that link to these Terms (the Site, Apps, and other services, collectively, the “Services”).

This Terms of Service is an agreement between you and TrampoLEAN and sets forth the legally binding terms and conditions for your use of the Services. By, as applicable, accessing or using the Services in any manner, including, but not limited to, visiting or browsing the Site, downloading the App(s), or contributing content or other materials to the Site or on or via the App(s), you agree to be bound by the Terms of Service. You are only authorized to use the Services if you agree to abide by all applicable laws and to the Terms of Service. Please read the Terms of Service carefully and save it. If you do not agree with it, you should leave the Site or App and discontinue use of the Services immediately.

2. CHANGES TO THIS AGREEMENT

We reserve the right to modify the Terms at any time, in our sole discretion. If we modify material terms to these Terms, such modification will be effective after we send you notice of the amended agreement, if permitted under the applicable law. Such notice will be in our sole discretion, and the manner of the notification may include, for example, via email, posted notice on the Site or Apps, or other manner. Your failure to cease use of the Services after receiving notification of the modification will constitute your acceptance of the modified terms.

If you do not agree to any of these Terms or any changes to these Terms, please do not use, access or continue to access the Services, or discontinue any use of the Services immediately.

3. ACCESSING THE SERVICES AND ACCOUNT SECURITY

To access the Services, you may be asked to provide certain details or other information. It is a condition of your use of the Services that all the information you provide to us is correct, current and complete. You agree that your failure to provide complete and accurate information may result in the termination of your access to the Services.

By using this site, you represent that you are at least the age of majority in your jurisdiction of residence, or that you are the age of majority in your jurisdiction of residence and you have given us your consent to allow any of your minor dependents to use the Service. By using the Services, you represent that you are over 15 years of age, and, if between the ages of 15 and 18, your parent or guardian has consented to the Terms of Service and your use of the Services.

From time to time, we may restrict access to some or all parts of the Services, including studio classes, the Site, and App(s).

In order to access some Services available on the Site and App(s), you will have to create an account. You may not use another person’s account. You agree that you are solely responsible for the activity that occurs on your account. You agree to keep your account password secure and confidential. You agree to notify us immediately of any breach of security or unauthorized use of your account.

4. PROHIBITED USES

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

  • For any unlawful purposes, or that could violate any applicable federal, state, local, or international law or regulation;

  • To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or other persons using the Services or expose them to liability.

Additionally, you agree not to:

  • Use the Services for any commercial purpose;

  • Use the Services in any manner that could disable, overburden, damage, or impair the Site or mobile app or any other party’s use of the Services;

  • Use any robot, spider or other automated device, process, or means to access the Service for any purpose;

  • Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;

  • Use the Services to distribute unsolicited promotional or commercial content, or solicit other persons using the Services for commercial purposes;

  • Otherwise attempt to interfere with the proper working of the Service.

5. POLICIES, RULES AND REGULATIONS

CANCELLATION POLICY: Live Stream classes require a 24 hour cancellation. Health Coaching, Private Fitness Training and Group Classes require a 24 hour cancellation. If the mentioned cancelltion period is not met your reservation will be forfitted. You may cancel class through our online system. Live Stream sign ups will have the opportunity to watch the class they signed up for recorded at a later date.

RESERVATIONS: If you miss your reserved appointment you will miss the session. Live stream sign ups will be able to watch the zoom link.

NON-RECORDING OF LIVE STUDIO/ONLINE CLASSES AGREEMENT: You acknowledge and agree that any type of recording or transmission (video, audio, still photography, streaming, social media posting, etc.) of any live TrampoLEAN classes or activities, whether in person or online, is strictly prohibited without the prior written consent of an authorized TrampoLEAN founder Louis Coraggio. This includes even a temporary recording/transmission live TrampoLEAN online class via online platforms such as SnapChat, Zoom, Facebook, or Instagram. You are, however, permitted to record and post lawful, non-offensive content related to your participation in a TrampoLEAN or studio class before and/or after a class with the consent of each participant who is identified in your content.

Any violation of this non-recording agreement is grounds for exclusion from participation in any TrampoLEAN activities. You further agree to indemnify, defend, and hold harmless TrampoLEAN, 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 violation of this non-recording agreement.

REFUND POLICY: As applicable, classes and membership packages are non-refundable. No exceptions.

We do not offer refunds on purchases for our services, beyond your statutory rights.

6. FEES

You acknowledge that TrampoLEAN charges fees for its services, and subject to the applicable law, TrampoLEAN reserves the right to change its fees from time to time in its discretion.

7. INTELLECTUAL PROPERTY RIGHTS

The content on the Site and mobile apps, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to TrampoLEAN, subject to copyright and other intellectual property rights under the law. Content on the website is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the website and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or services, provided by you to Company are non-confidential and shall become the sole property of TrampoLEAN.

You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.

8. FEEDBACK

You may submit comments, suggestions or ideas about our Services, including ways in which you would improve or change the Services (the “Feedback”). You agree that your Feedback is provided to us on a NON-CONFIDENTIAL BASIS, is voluntary, gratuitous, unsolicited and without restriction, and Barry’s does not have any fiduciary duty or other duty as a result of receiving your Feedback. You hereby grant TrampoLEAN the unlimited, perpetual right to use, copy, modify, publish, redistribute, create derivative works from such Feedback or otherwise disseminate your Feedback for any purpose and in any way without compensation or any obligation to you or any other third parties.

9. INDEMNIFICATION

You agree to release, indemnify, and defend TrampoLEAN and representatives from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: (1) your use of the Services; (2) your conduct or interactions with other users of the Services; (3) your breach of this Agreement. We will notify you promptly of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.

10. LIABILITY WAIVER

You agree to release, indemnify, and defend TrampoLEAN and representatives from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: (1) your use of the Services; (2) your conduct or interactions with other users of the Services; (3) your breach of this Agreement. We will notify you promptly of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.

Through the purchase of Live Streaming fitness classes, Private Fitness Training and/or Health/Mindset Coaching in-person or virtual sessions, I agree to voluntarily participate in an exercise program, including, but not limited to, yoga, lifestyle modifications, strength training, flexibility development, and aerobic exercise that includes jumping or rebounding on a mini-fitness indoor trampoline or outdoor trampoline, under the guidance of Louis Coraggio. I hereby stipulate and agree that I am physically and mentally sound and currently have no disability or known conditions that would be aggravated by my involvement in an exercise and or health coaching program. If unsure or a medical clearance is needed, Louis Coraggio recommends that you speak to a physician prior to your first session.

I understand and am aware that physical-fitness activities, including a variety of jumping and the use of equipment, are potentially hazardous activities. I am aware that participating in these types of activities, even when completed properly, can be dangerous. I agree to follow the verbal and digital instructions issued by the fitness or health coach via email, in person, telephone, video, and or fitness app. I am aware that potential risks associated with these types of activities include, but are not limited to, the following: death; fainting; disorders in heartbeat; serious neck and spinal injuries, muscle, tendons, and other aspects of the musculosketal system; and serious injury or impairment to other aspects of the body, general health, and well-being.

I understand that I am responsible for my own medical insurance and should maintain that insurance throughout your entire period of participation with Louis Coraggio. I will assume any additional expenses incurred that go beyond my health coverage. I will notify Louis Coraggio of any significant injury that requires medical attention (such as emergency care, hospitalization, etc.).

Louis Coraggio, an outside provider or I will provide the equipment to be used in connection with workouts, including, but not limited to, benches, dumbbells, barbells, exercise bands, stability balls, mini trampolines and similar items. I represent and warrant any and all equipment provided for training sessions is for personal use only. Louis Coraggio has not inspected my equipment and has no knowledge of its condition. I understand that I take sole responsibility for my equipment, any equipment may malfunction and/or cause potential injuries. I take sol responsibility to inspect any and all equipment or Louis Coraggio’s equipment prior to use.

Although Louis Coraggio will take precautions to ensure my safety, I expressly assume and accept sole responsibility for my safety and for any and all injuries that may occur during training, coaching, virtual and live-stream sessions. In consideration of the acceptance of this entry, I, for myself and for my executors, administrators, and assigns, waive and release any and all claims against Louis Coraggio and of their staff, officers, officials, volunteers, sponsors, agents, representatives, successors, contractors or assigns and agree to hold them harmless from any claims or losses, including but not limited to claims for negligence for any injuries or expenses that I may incur while exercising or while traveling to and from training and or coaching sessions. These exculpatory clauses are intended to apply to any and all activities including jumping, hopping, aerobics, flexibility, strength exercises and a variety of high and or low physically exerting cardiovascular exercise intensities occurring during the time for which I have elected coaching and or training with Louis Coraggio.

I represent and warrant I accept this agreement freely and willfully and not under fraud or duress.

HAVING READ THE ABOVE TERMS AND INTENDING TO BE LEGALLY BOUND HEREBY AND UNDERSTANDING THIS DOCUMENT TO BE A COMPLETE WAIVER AND DISCLAIMER IN FAVOR OF LOUIS CORAGGIO AND TRAMPOLEAN, I HEREBY ACKNOWLEDGE AND AGREE BY ENTERING THE LIVE STREAM EVENT.

Waiver

Through the purchase of Group Fitness, Personal Training and/or Health Coaching in-person or virtual sessions, I agree to voluntarily participate in an exercise program, including, but not limited to, lifestyle modifications, strength training, flexibility development, and aerobic exercise, under the guidance of Louis Coraggio. I hereby stipulate and agree that I am physically and mentally sound and currently have no disability or known conditions that would be aggravated by my involvement in an exercise and or health coaching program. If you are unsure or need a medical clearance, Louis Coraggio recommends that you speak to a physician prior to your first session. I understand and am aware that physical-fitness activities and exercises and the use of exercise equipment, are potentially hazardous activities. I am aware that participating in these types of activities, even when completed properly, can be dangerous. I agree to follow the verbal and digital instructions issued by the fitness or health coach via email, in person, telephone, video, and or fitness app. I am aware that potential risks associated with these types of activities include, but are not limited to, the following: death; fainting; disorders in heartbeat; serious neck and spinal injuries, muscle, tendons, and other aspects of the musculosketal system; and serious injury or impairment to other aspects of the body, general health, and well-being. I understand that I am responsible for my own medical insurance and should maintain that insurance throughout your entire period of participation with Louis Coraggio. I will assume any additional expenses incurred that go beyond my health coverage. I will notify Louis Coraggio of any significant injury that requires medical attention (such as emergency care, hospitalization, etc.). Louis Coraggio or I will provide the equipment to be used in connection with workouts, including, but not limited to, benches, dumbbells, barbells, exercise bands, stability balls, mini trampolines and similar items. I represent and warrant any and all equipment provided for training sessions is for personal use only. Louis Coraggio has not inspected my equipment and has no knowledge of its condition. I understand that I take sole responsibility for my equipment, any equipment may malfunction and/or cause potential injuries. I take sol responsibility to inspect any and all equipment or Louis Coraggio equipment prior to use. Although Louis Coraggio will take precautions to ensure my safety, I expressly assume and accept sole responsibility for my safety and for any and all injuries that may occur during training, coaching, virtual and livestream sessions. In consideration of the acceptance of this entry, I, for myself and for my executors, administrators, and assigns, waive and release any and all claims against Louis Coraggio and of their staff, officers, officials, volunteers, sponsors, agents, representatives, successors, contractors or assigns and agree to hold them harmless from any claims or losses, including but not limited to claims for negligence for any injuries or expenses that I may incur while exercising or while traveling to and from training and or coaching sessions. These exculpatory clauses are intended to apply to any and all activities including jumping, hopping, aerobics, strength exercises and a variety of high and or low physically exerting cardiovascular exercise intensities occurring during the time for which I have elected coaching and or training with Louis Coraggio. I represent and warrant I accept this agreement freely and willfully and not under fraud or duress. HAVING READ THE ABOVE TERMS AND INTENDING TO BE LEGALLY BOUND HEREBY AND UNDERSTANDING THIS DOCUMENT TO BE A COMPLETE WAIVER AND DISCLAIMER IN FAVOR OF Louis Coraggio, I HEREBY CLICK THE ATTACHED CHECK BOX OR ZOOM LINK AS A FORM OF MY SIGNATURE.