Website Terms & Conditions
You agree that the terms of this Participation Waiver apply at all times in connection with your participation with BAM Endurance, Balanced Art Multisport, LLC, or their respective coaches or affiliates (collectively referred to herein as “BAM”), or any coaching sessions, training sessions, or related events, including those activities that take place on any BAM premises or within BAM facilities, those activities that take place at other locations, those activities using equipment provided by BAM, and those activities using equipment provided by you. Further you agree that you are physically and otherwise fit to participate in the programs provided by BAM and/or its coaches and that you have not relied on BAM and/or its coaches in making such determination.
ASSUMPTION OF RISK: You agree that if you engage in any physical exercise or activity, including coaching or training sessions, or enter our premises or use any facility or equipment on our premises for any purpose, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment, whether provided to you by BAM or otherwise, including injuries or damages arising out of the negligence of BAM, whether active or passive, or any of BAM’s affiliates, employees, agents, representatives, successors, and assigns.
Your assumption of risk includes, but is not limited to, your use of any training equipment (mechanical or otherwise), sports fields, or other areas, locker rooms, sidewalks, parking lots, stairs, pools, lobby or other general areas of any facilities, or any equipment.
You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, walking, jogging, running, aerobic activities, aquatic activities, or any other sporting or recreational endeavor. Such risks include without limitation, overexertion, dehydration, fatigue, lack of fitness or conditioning.
You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of BAM or otherwise.
RELEASE: You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge BAM (and BAM’s affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of BAM, whether active or passive, or any of BAM’s affiliates, employees, agents, representatives, successors, and assigns.
This waiver and release of liability includes, without limitation, injuries which may occur as a result of
(a) your use of any exercise equipment or facilities which may malfunction or break,
(b) improper maintenance of any exercise equipment premises or facilities,
(c) negligent instruction or supervision, including personal coaching,
(d) negligent hiring or retention of employees, and/or
(e) slipping or tripping and falling while on any portion of a premises or while traveling to or from personal training, including injuries resulting from BAM’s or anyone else’s negligent inspection or maintenance of the facility or premises.
INDEMNIFICATION: By execution of this agreement, you hereby agree to indemnify and hold harmless BAM Endurance from any loss, liability, damage, or cost BAM may incur due to the provision of personal training by BAM to you.
ACKNOWLEDGMENTS: You expressly agree that the foregoing participation waiver is intended to be as broad and inclusive as permitted by the law in the State of Utah and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
This release is not intended as an attempted release of claims of gross negligence or intentional acts. You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk and indemnity agreement.
You are aware and agree that by executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against BAM for BAM’s negligence, or for any defective product used while receiving coaching from BAM. You have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.
Customer information is collected for the purpose of processing orders and payments and providing requested information. Collected information is kept confidential and not shared.
Personal identification information
We may collect personal identification information from users/visitors/customers in a variety of ways, including, but not limited to, when users sign up for online programs, buy coaching programs, subscribe to a newsletter, and in connection with other activities, services, features, or resources we make available. Users may visit our channels anonymously. We will collect personal identification information from users only if they voluntarily submit such information to us. Users can refuse to supply personal identification information but doing so may prevent them from engaging in certain programs we offer.
How we use collected information
BAM may collect and use users’ personal identification information for the following purposes:
To improve customer service: Information you provide helps us respond to your customer service requests and support needs more efficiently.
To personalize user experience: We may use information in the aggregate to understand how our Users as a whole use our services and resources.
To send periodic emails: We may use email addresses to send users information and updates pertaining to their orders. Users’ email addresses may also be used to respond to inquiries, questions, or other requests.
Sharing your personal information
We do not sell, trade, or rent users’ personal identification information to others.
Third party websites
Users may find advertising or other content in our channels that link to the websites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these websites and are not responsible for the practices employed by websites we link to. In addition, these websites or services, including their content and links, may be constantly changing. These websites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our users, is subject to that website's own terms and policies.
Your acceptance of these terms
Website Terms & Conditions
Balanced Art Multisport is not liable for any damages of any kind that may happen as a result of visiting this website.
Functionality of this website is limited by the performance of the hosting service, content management system and other third-party applications, all of which are beyond the control of Balanced Art Multisport. Performance of assets and access to resources on the website therefore is not guaranteed.
All trademarks are property of their respective owners.
Direct all inquiries about services, terms, etc. by email to firstname.lastname@example.org, by phone to (801) 471-5293 or by mail to:
Balanced Art Multisport
489 Parkland Ave
Sandy, UT 84070