By signing up for a Cut Seven class or participating in any Cut Seven Play workout, you acknowledge that you have voluntarily chosen to participate in a program of intense physical exercise. You further acknowledge that Cut Seven strongly recommends that you consult with your physician prior to commencing any class. You acknowledge that you are 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 or death. You assume all risks for your health and well-being as a result of your participation in a Cut Seven class. You, on behalf of yourself and your beneficiaries, heirs, executors, representatives, successors, and assigns, knowingly and voluntarily fully release, discharge, forever acquit, and hold harmless Cut7 LLC d/b/a Cut Seven and all of its subsidiaries, and its and their respective directors, officers, trainers, members, managers, owners, employees, affiliates, agents, representatives, successors, and assigns from and against any and all claims, demands, liabilities, damages, causes of action, costs, expenses, and compensation of any kind or nature (including with respect to negligence to the fullest extent permitted by applicable law), whether known or unknown, that may now or could in the future be claimed against any of them in connection with participation in a Cut Seven class. You agree that you shall not, directly or indirectly, bring or maintain any action, suit, or other proceeding of any kind or nature against any person or entity to whom a release is being given hereby that is based, in whole or in part, on any claim or cause of action covered by the foregoing waiver and release.
In addition, and without in any way limiting the scope or applicability of any other provision of this waiver and release, you acknowledge that you are solely responsible for the location and equipment that you choose to use in any virtual class, and that for any virtual class, Cut Seven and its agents have no control over your environment, your choice of equipment, or the manner in which you use such equipment. Accordingly, you acknowledge that in the case of a virtual class, the foregoing waiver and release applies to any injury, damage, or other consequence arising out of, resulting from, or relating to your location or equipment (including your use of any such equipment).
You acknowledge that your agreement to this waiver and release is a condition to your participation in a Cut Seven class and that this waiver and release applies to each time you visit Cut Seven or participate in a virtual class. Except for those matters that specifically reference solely virtual participation, you acknowledge and agree that the foregoing waiver and release applies equally to in-person and virtual participation in a Cut Seven class. In addition, if you are a parent or guardian of a minor for whom you have consented to in-person or virtual participation in a Cut Seven class, you acknowledge that your agreement to the foregoing waiver and release is given both for you and such minor (in your capacity as parent or guardian) and shall apply in all respects both to you and to such minor. Reference to “virtual participation” or “virtual class” means participation in a Cut Seven class other than by means of being physically present at a Cut Seven location, such as through remote access by online streaming or through a video connection, such as Zoom, FaceTime, or other remote access or conferencing service or application.
SECTION 21 – GOVERNING LAW
This Agreement, any separate agreements whereby we provide you Services, and any non-contractual disputes/claims arising out of or in connection with this Agreement or any separate agreement shall be governed by and construed in accordance with the laws of Washington, D.C., without regard to choice or conflicts of law principles. Further, you and Cut7 LLC d/b/a Cut Seven agree to the sole jurisdiction of the United States District Court for the District of Columbia or the Superior Court of the District of Columbia to resolve any dispute, claim, or controversy that relates to or arises in connection with this Agreement, any separate agreements whereby we provide you Services, or any non-contractual disputes/claims arising out of or in connection with this Agreement or any separate agreement. This Section 21 applies whether you participate in a Cut Seven class in person or virtually, regardless of the location of your virtual participation.