Terms & Conditions
TERMS | CONDITIONS | WAIVERS | RELEASES
This Event Participation and Release of Liability Agreement (this “Agreement“), dated as of the effective date on the signature page to the online agreement and/or online form submitted, is by and between FitCon Entertainment, LLC, a Utah limited liability company (the “Company“) and the undersigned participant (the “Participant” and together with the Company, the “Parties“, and each a “Party“). As used in this Agreement, (i) “Company Partners” means and includes the Company, its franchisees and licensees, any and all subsidiaries and affiliated entities thereto, and each of their respective officers, employees, contractors, subcontractors, agents, representatives, successors, and assigns; and (ii) “Participant” includes the person signing below (as an individual) and all other registered parties for whom Participant is registering, and by virtue of agreeing to this Agreement, for whom Participant is waiving certain rights (the “Registered Parties“).
Event, Program, Or Training Participation.
Participant desires and hereby agrees to participate in the Event, Coaching Program, Membership, or Training program described on website & marketing materials (the “Event“). In consideration of the Company arranging the Event, Participant shall pay to the Company the Price described on website & marketing materials. As a requirement for participating in the Event.
Authority to Register and/or to Act as Agent.
Participant represents and warrants to the Company that Participant has full legal authority and capacity to complete the registration for the Event, including accepting the terms in this Agreement, on behalf of Participant and/or, where applicable, any Registered Parties, including full authority to make use of the credit or debit card to which fees related to the Event Registration (defined below) purchase will be charged.
Fees, Pricing and Availability.
Specific fees for each event, program or training is described on website & marketing materials. The Company may charge the following types of fees related to participation in any Event: (i) a registration fee to participate in the Event (the “Event Registration Fee“), (ii) an administrative, insurance, and management fee, which covers a number of different costs involved in the Events, including administrative and management costs, insurance costs and expenses for related risk management and safety measures. (This fee is not a direct pass-through of third-party costs to the Participant and may include revenues to the Company), (iii) a processing fee related to use of the registration platform or credit card processing products, and (iv) any applicable taxes ((i) through (iv) collectively, the “Total Event Fees“). The Company may change any fees included in the Total Event Fees for an Event at any time prior to a Participant’s purchase without notice. Events have a limited capacity, therefore Event Registration for popular Events may sell out quickly. Event Registration Fees may vary depending upon geographic market, availability, venue requirements and/or regulations. The Company may change such Event Registration Fees at any time without notice. Event date and time are subject to change.
Refunds and Transfers.
Before purchasing an Event registration, Participant shall carefully review the purchase and this Agreement. The company does NOT offer refunds of Event registration fees for any circumstances. Participant agrees that Participant will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to an Event registration. Without limiting the generality of the foregoing, Participant will not contact the Company to seek a refund. Participant will not dispute or otherwise seek a “chargeback” from the company whose credit card Participant used to purchase an Event Registration. Should Participant do so, Participant’s Event Registration may be canceled and the Company may, in Company’s sole discretion, refuse to honor pending and future Event Registrations or purchases made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit all persons in whose name the credit card accounts exist and any person who accesses any associated online account or credit card or who otherwise breaches this provision from using the Company website.
Billing Information Verification and Order Confirmation.
Event Registration, and any other purchases, are subject to credit card approval, and is processed only after a billing address, and other billing information, has been verified. Occasionally, the Company receives incorrect billing or credit card account information for a Event Registration, or any other purchase, that can delay processing and delivery. In these cases, the Company may attempt to contact you, using the information provided at the time of purchase. If the Company is unable to reach Participant after our initial attempt, the Company may cancel the order without further notice. Notwithstanding the above, if Participant does not receive a confirmation number (in the form of a confirmation page or email) after submitting payment information, or if Participant experiences an error message or service interruption after submitting payment information, it is Participant’s responsibility to confirm with the Company whether or not Participant’s order has been placed. Only Participant may be aware of any problems that may occur during the purchase process. The Company will not be responsible for losses (monetary or otherwise) if Participant assumes that an order was not placed because Participant failed to receive confirmation.
Recording, Transmission and Exhibition.
Participant, on behalf of self, and, if applicable, the Registered Party(ies), irrevocably grant unlimited permission to the Company to use, reproduce, sell, disseminate and distribute any and all photographs, images, videotapes, motion pictures, recordings, or any other depiction of any kind of Participant’s (or Participant’s child/ward’s) participation in a Event or related activity for any legitimate purpose in perpetuity and Participant understands that Participant (or the Registered Party(ies) will not be entitled to any compensation in connection therewith. Participant further hereby irrevocably and absolutely grants permission to the Company to film, videotape and record Participant’s (or the Registered Party(ies)) performance of the Event and subsequently to telecast, sell, distribute and otherwise utilize the same in whatever manner the Company shall deem appropriate. Such permission shall include granting the unlimited and irrevocable rights to the Company, without compensation of any kind to Participant (or the Registered Party(ies)), to use, reproduce or broadcast, Participant’s (or the Registered Party(ies)) name, nickname, image, likeness, voice, photograph, signature facsimile, and biographical information in connection with the Event. Participant acknowledges that the Company shall have unlimited right throughout the world to copyright, use, reuse, publish, republish, broadcast and otherwise distribute depictions of or information about Participant (or the Registered Party(ies)) and all or any portion of the Event in which Participant (or the Registered Party(ies)) may appear on any and all radio, network, cable and local television programs and in any print materials and in any other format or media (including electronic media) now known or hereafter devised in perpetuity and without compensation. Safety and Security. Both Participant and any belongings Participant brings to a Event may be searched on entry to or at the Event. Participant consents to such searches and waive any related claims that may arise. If Participant elects not to consent to such searches, Participant may be denied entry to or ejected from the Event without refund or other compensation. Certain items may not be brought onto the premises of any Event Venue, including without limitation, alcohol, drugs, controlled substances, firearms, or knives with blades longer than 3 inches. Participant understands and agrees that Participant is responsible for taking care of Participant’s own personal belongings during the Event and, to the maximum extent permitted by law, neither the Company nor the Venue Owner is responsible for any personal item or property that is lost, damaged or stolen at the Event.
Email Address & Text Release.
Participant opts in and gives FitCon Entertainment, LLC permission to add their email and or text with any notifications, advertisements, and/or marketing purposes.
Privacy Policy Participant agrees to all the terms found in FitCon Entertainment, LLC’s privacy policy found on: www.fitcon.com/privacy
Release of Liability; Disclaimer of Warranties; Assumption of Risk. Participant hereby waives, releases, covenants not to sue, and forever discharges the company from all claims arising out of or in any way connected with the event registration or event registration process. By signing this agreement, the Participant acknowledges that the Participant has read and understood all of the terms of this release of liability, disclaimer of warranties, assumption of risk, and that the Participant is voluntarily giving up substantial legal rights, including the right to sue the company on behalf of the Participant and all registered parties.
Participant hereby expressly waives and releases any and all Claims, now known or hereafter known, against the Company, and its officer(s), member(s), manager(s), employee(s), agent(s), affiliate(s), successor(s), and assign(s) (collectively, “Releasees“), on account of injury, illness, disability, death, or property damage arising out of or attributable to participation in the Event, whether arising out of the negligence of the Company or any Releasees or otherwise.
Participant covenants not to make or bring any such Claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims.
Participant shall defend, indemnify, and hold harmless the Company and all other Releasees against any and