Terms and Conditions of Service at Debra Stefan Fitness
Terms of Service for Debra Stefan Fitness
It is a requirement that all participants read, agree and comply with these terms of service.
Thank you for your interest in Debra Stefan Fitness services; please read carefully and make sure that you understand these requirements and conditions for participation. By proceeding after accessing this web site, you are agreeing to be bound by these Terms and Conditions of Service for Debra Stefan Fitness, all applicable laws, and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are ineligible and thereby prohibited from participating in these services. Feel free to inquire if you require additional information or an explanation of this agreement. In addition to reading and understanding this document below, be sure to read the FAQ page located on this site. Non-compliance will result in the termination of services. Thank you for your understanding.
DEBRA STEFAN FITNESS ACTIVITY WAIVER & RELEASE of LIABILITY
ASSUMPTION OF RISK/DISCLAIMER
I, the PARTICIPANT, for myself and on behalf of any heirs, assigns, personal representatives and next of kin, hereby acknowledge that I voluntarily have applied or otherwise agreed to participate in activities planned by Debra Stefan Fitness. I understand that the act of fitness activities and biking necessarily involves known and unknown risks of injury to me and other people, which includes but is not limited to permanent or temporary paralysis, disability, illness or disease, physical or mental damage, other injury, or death, as well as damage to my equipment and personal property. Some of these risks include the risks inherent in fitness and biking such as falling and coming into contact with objects foreseen and unforeseen, latent or apparent defects or conditions in equipment or property, and passive or active negligent acts of myself, the City of Henderson, Clark County or Lake Mead National Recreation Area, or other property owners.
- By reading this release of liability and participating, I hereby fully and forever release, discharge, indemnify and hold harmless Debra Stefan and her associates from any and all liabilities, claims, demands, damages, rights of action, suits or causes of action present or future, known or unknown, anticipated or unanticipated, resulting from or arising out of my use of locations, facilities or equipment. I fully and forever release and discharge Debra Stefan and her associates from any and all negligent acts and omissions in the same, and intend to be legally bound by this release.
- I freely and voluntarily accept all risks of injury, death, or property damage. I understand and agree that none of the parties described herein may be held liable in any way for any occurrence or accident in connection with an Activity. I hereby RELEASE from any and all liability and agree to INDEMNIFY AND HOLD HARMLESS Debra Stefan Fitness against all claims, including, but not limited to, claims of negligence, unintentional acts, and acts of omission, and any loss or expense, which may arise from my participation in any Activity. I understand I am responsible for my own conduct and decisions while participating in a Debra Stefan Fitness Activity and further agree that this Waiver & Release shall apply to any claim arising out of my participation in bicycling or non-bicycling activities while a participant in an Activity.
- Debra Stefan Fitness will not be responsible for any delay, interruption or other failures to perform, and may cancel any Activity in the case of a circumstance beyond its reasonable control. Such circumstances include, but are not limited to, an Act of God or other civil disturbance, compliance with government requests, orders, or regulations, inability to deploy necessary equipment, roadway or trail closures or construction, dangerous or impassable roadway or trail conditions, or any other cause beyond the reasonable control of Debra Stefan Fitness. Debra Stefan will be the sole decision maker as to what, if any, refund or other reasonable accommodation will be made in the cancellation of an Activity.
- I am aware that with any fitness and bicycle-related activity there are certain inherent dangers, including but not limited to the hazards of roads, off-road terrain, accidents, actions of participants and other persons. By my participation in any activity by Debra Stefan Fitness, I certify that I am aware of the inherent dangers including bicycle riding and the safety rules of the road applicable to bicycles.
- I willingly agree to participate in these terms whether I have paid to do so or by personal invitation. I further understand that Debra Stefan both personally and professionally assumes no liability for loss, damage, or any kind of injury sustained by myself or my property as a result of my participation. I, therefore, assume all risks associated with the activities, even if they arise from the negligence of others. My participation is voluntary and no one is forcing me to participate in spite of the risks. I understand the effect of this waiver and the acceptance of risk on my legal rights.
- I voluntarily agree and promise to respect, accept and assume responsibilities in abiding by the guidelines set forth by Debra Stefan.
- I agree not to persuade, coach, lead, invite or otherwise influence other participants to follow my lead or direction unless it coincides with the directions and guidelines given by Debra Stefan, whether she is present or absent during her planned activities such as on bike trails.
- I agree to the following guidelines:
I will carry personal identification
I will carry an active cell phone
I will wear a safety helmet
I will wear visibility colors
I will obey the rules of the road
- I agree to follow the rules of the road and all applicable laws and safe bicycling practices including but not limited to, staying off the sidewalks, adhering to the designated bike path and NOT riding off the designated bike path or taking dirt trails not preauthorized by Debra Stefan.
I understand that it is not the function of the other participants to serve as guardians of my safety. In bicycling, I recognize that the route(s) chosen may be challenging, not necessarily the safest or easiest route(s) and that weather, road or traffic conditions may make a ride more difficult. Debra Stefan and associates reserve the right to remove any rider who is deemed to be endangering themselves or others or is riding illegally as defined by state traffic law. Notwithstanding this clause, Debra Stefan Fitness is not responsible for cyclists not removed from the Activity for any of these reasons and this clause shall in no way supersede, exempt participants from, or otherwise nullify any other clause in this Waiver & Release.
- I agree not to solicit, invite or recruit participants of Debra Stefan Fitness to activities not authorized by Debra.
- I give permission to Debra Stefan Fitness to use my image without expectation of compensation in any future Debra Stefan Fitness materials should it appear in photos or videos taken during an Activity.
I, the PARTICIPANT, understand that “disparage” shall mean any negative statement, whether written or oral, about Debra Stefan, both personally and professionally using remarks, comments or statements that impugn the character, honesty, integrity, morality or business acumen or abilities in connection with any aspect of the operation of business of Debra Stefan and her services.
I agree not to directly or indirectly, in any capacity or manner, make, express, transmit, speak, write, verbalize or otherwise communicate in any way or cause, further, assist, solicit, encourage, support or participate in any of the foregoing, any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward or that reveals, discloses, incorporates, is based upon, discusses, includes or otherwise involves any confidential or proprietary information, or to malign, harm, disparage, defame or damage the reputation or good name whether email, text message, use of Yelp, LinkedIn, Facebook or other online reputation.
The liquidated damages clause herein is intended to cover reputational losses suffered by the service provider in the event the disparagement potentially causes the loss of an average live-in client of which the minimum amount is $7,500. Subsequent breaches can result in multiple client losses and further damages, therefore the agreed upon sum is not a penalty, but rather a reasonable measure of damages, based upon the set cost of client fees given the nature of the losses that may result from defamation.
Addendum to waiver and release for minor participants
A parent or legal guardian must sign for, accompany, and be responsible for all persons under age 18.
I authorize emergency medical treatment for myself and/or any minor that I register and accept full responsibility for all medical expenses incurred as a result of my own participation or the minor’s participation in any Activity. I hereby RELEASE from any liability, and agree to HOLD HARMLESS and INDEMNIFY Debra Stefan Fitness both personally and professionally, including her clients and participants from any claims brought by me or another relative or legal guardian for liability, including injury, loss or damage caused by the negligence, unintentional acts, and acts of omission and any loss or expense which may arise from the minor’s participation. I hereby further agree to INDEMNIFY Debra Stefan and her associates, whether invited or paid participants from any future claim of liability for myself or participating minor(s) under my guardianship. I further state that I am of lawful age, a parent or legal guardian of the minor authorized to sign this waiver & release and Addendum and legally competent to sign this document. I understand that the terms of this document are contractual and not a mere recital, and I have signed this document as my own free act.
I AGREE I AM FULLY INFORMED OF THE CONTENTS OF THIS WAIVER & RELEASE AND BY PARTICIPATING I AGREE TO ITS TERMS AND IMPLIED ASSUMPTION OF RISK.
This Waiver & Release is intended to be binding upon me, my family, my heirs, my estate, my legal representatives and assigns. I understand that the terms of this document are contractual and not a mere recital, and I have read and agreed to this document as my own free act.
It is the intention of DEBRA STEFAN FITNESS to obtain your EXPRESS ASSUMPTION OF RISK with these written terms of conditions; your IMPLIED ASSUMPTION OF RISK has now been obtained by way of your visit to this page. Thank you for your cooperation in this matter.