- Membership
- The Endeavors Wellness App (“EWA”). I understand that EWA is a customized virtual fitness program curated by personal trainers at the Endeavors Veteran Wellness Center (the “Wellness Center”). The EWA may be utilized conjunction with a membership to the Wellness Center or as a standalone program. While use of EWA at the Wellness Center is encouraged, EWA may be utilized anywhere.
- Third Party Operation. I understand that the EWA digital platform is operated through a third-party vendor, Trainerize. By signing up for the EWA I will be subject to the terms and conditions of Trainerize in addition to those in this Agreement.
- Membership Fees and Payment. I understand that My participation in the EWA may be subject to a standalone fee. I further understand that I will be automatically billed for My membership through an online payment system operated by a third-party vendor, Square, Inc. and I will be subject to Square, Inc.’s terms, conditions and privacy policies. I acknowledge that the membership will automatically renew at the end of a definite term for a subsequent term and continue until I cancel it in accordance with the cancelation policy in Section d).
- Cancellation/No Refunds. I understand that I may cancel My membership at any time upon thirty (30) days written notice to [email protected] or via certified letter sent to 6333 De Zavala Rd., San Antonio, TX 78249. Notice must be received before the 20th day of the prior month to stop billing for the upcoming month. Refunds will not be available under any circumstances.
- Release of Liability and Assumption of Risk
- Physical Condition. I declare myself to be physically sound and suffering from no condition, impairment, disease, infirmity, or other illness that would prevent my participation in the EWA. I acknowledge that I have either had a physical examination and have been given by physician’s permission to participate, or that I have decided to participate in EWA without the approval of my physician. I hereby assume all responsibility for my participation in the EWA.
- Release
- I am aware and I understand that my participation in EWA may include potentially dangerous activities and involve the risk of serious illness, injury, disability, death, and/or property damage. I acknowledge that any injuries that I sustain, ( including those resulting from negligent emergency response and/or rescue operations), may result from or be compounded by the actions, omissions or negligence of the Company (including the Veterans Wellness Center) and/or Cohen Veterans Network, Inc., and each of its officers, managers, employees, agents, independent contractors, volunteers, insurers, affiliates or related entities, programs, members, successors, and assigns (collectively, “Releases”). Notwithstanding the risk, I acknowledge that I am voluntarily participating in the EWA with the knowledge of the danger involved and I hereby agree to accept and assume any and all risks of illness, injury, disability, death, and/or property damage arising from my participation in the EWA whether caused by the ordinary negligence of the Company, any Releases or otherwise.
- I hereby expressly waive and release any and all claims, now known or hereafter known against the Company and any other Releases, on account of illness injury disability death or property damage arising out of or attributable to my participation in the EWA (including, without limitation, any exposure, infection, or spread of covid-19), whether arising out of ordinary negligence of the Company, any Releases or otherwise. I covenant not to make or bring any such claim against the Company and any other Releases and forever release and discharge the Company and all other Releases from liability under such claims. To the extent permitted by applicable law the foregoing waiver and release of claims extends to claims for gross negligence, willful misconduct, and any other liabilities permitted to be released by Agreement which are not covered by the foregoing.
- Indemnification. I shall defend, indemnify, and hold harmless the Company and all other Releases against any and all losses damages liabilities deficiencies claims actions judgments settlements interest awards penalties fines costs or expenses of whatever kind including attorney fees the costs of enforcing any right to indemnification under this Agreement and the cost of pursuing any insurance providers arising out or resulting from any claim of a third party related to my participation in the EWA including any claim related to my own negligence or the ordinary negligence of the Company and any Releases.
- Medical Treatment. I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical 3 transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the Company and any Releases from any claim based on such treatment or other medical services.
- Miscellaneous
- No Relationship. I acknowledge that neither this Agreement, nor the performance of this Agreement, shall create any type of fiduciary, agency, employment, partnership, joint venture, franchise, or independent contractor relationship between Me and the Company.
- No Representations or Warranties. I acknowledge that the company and/or the Wellness Center make no warranties or representations, expressed or implied, other than those set forth herein. If any portion of this Agreement is held to be invalid or unenforceable, such portion shall be disregarded and the remainder of this Agreement shall remain in full force and in effect.
- Assignment/ Authorized User. I acknowledge I may not assign this Agreement and that this Agreement is personal to Me.
- Authorized User. I acknowledge that I am the only authorized user of the EWA and that I do not have the authorization to share and/or otherwise distribute this program to any other parties.
- Entire Agreement. This Agreement constitutes the sole and entire Agreement between Me and the Company with respect to the subject matter of this Agreement, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the subject matter contemplated herein. Notwithstanding the foregoing, any and all other prior or contemporaneously executed agreements related to My use of the Wellness Center and/or the programs offered by the Wellness Center will remain in full force and effect with regard to the matters contemplated in such agreements.
- Governing Law/Forum. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Bexar County, Texas and I hereby consent to the exclusive jurisdiction of such courts,
- Waiver. No failure or delay to exercise any right, remedy, power, or privilege arising from or in connection with this Agreement will operate or be construed as a waiver thereof, except as otherwise expressly stated in this Agreement.
- Signature. This Agreement may be signed in multiple counterparts and exchanged by personal delivery, mail, fax, or e-mail, each of which shall be an original and all of which, taken together, shall be one instrument. You hereby consent to the use of an electronic signature to record your commitment to the terms of this Agreement.
- Severability. If a court with binding authority invalidates any part of this Agreement, then the remainder shall not be affected, and that court shall reform the invalidated part to the maximum extent possible consistent with the intent of this Agreement and applicable law.
- Modification. This Agreement may be amended, supplemented, waived, or modified by the Company at any time.