By signing this contract (electronically, in-person, or otherwise proceeding with this enrollment process), enrolling online, attending classes, events, activities, and/or other programs of Sunset Core, LLC (“Sunset Core”) whether online, in Sunset Core’s studio, or using Sunset Core’s equipment, including, but not limited to, the XFormer machines and its accessories (the “Equipment”), you hereby acknowledge and agree, on behalf of yourself, your heirs, personal representatives, and/or assignees (collectively “you” “your” and/or “yourself”) that:

1. General Assumption of Risk and Limitation of Liability

There are inherent risks and dangers in the strenuous and challenging nature of Sunset Core’s workout program and you have voluntarily chosen to enroll and participate in an intense physical exercise class.  You further understand that Sunset Core strongly recommends that you consult with your physician prior to engaging in any workout regimen, including any workout with Sunset Core, and you certify that you are in good physical standing and condition and have no known medical (or other) condition(s) which would prevent you from participating in Sunset Core’s workout classes.  You have been fully informed of the challenging and strenuous nature of this exercise program and the possibility of adverse occurrences including, but not limited to, serious bodily injury, strain, abnormal blood pressure, fainting, heart attack, other harm, and/or death.  You acknowledge and voluntarily assume all risks and danger of injury or death inherent in physical exercises, fitness training and/or use of the Equipment at Sunset Core.  Furthermore, you voluntarily assume all risks associated with participation at Sunset Core arising from negligence or carelessness on the part of Sunset Core, its instructors, its managers, its owners and its employees.

You further release and discharge Sunset Core, its owners, trainers, instructors, employees, shareholders, subsidiaries, successors, agents, affiliates, insurers, managers, officers, directors, independent contractors, attorneys and any representatives (“Releasees”) for any loss, damage, injury (including death or disability) or cost to you arising out of the physical exercise(s), fitness training, and/or use or other operation of any fitness Equipment or activities engaged in at Sunset Core.  You, on behalf of yourself, your heirs, your executors, trustees, administrators and/or agents promise not to sue or make any claim(s) against the Releasees for loss, damage, or injury, including those claims based on negligence and gross negligence, in connection with (1) the use of all amenities, instruction, training, your participation in any activity, class program, personal or semi-person training, instruction, or creation of any exercise, (2) the sudden and unforeseen malfunctioning of any Equipment, and (c) your slipping and/or falling while in the studio, or in the studio premises, including adjacent parking areas and sidewalks, as well as any claim of negligence relating to the manufacture, purchase, lease, maintenance or operation of fitness Equipment, which resulted in loss, damage, injury or death. You agree to abide by and follow any instructions given or rules established by Sunset Core, its owners, trainers, employees, and agents, with regard to your engaging in any physical exercise or other fitness training, the Equipment and that your failure to do so, may result in your expulsion from the premises and all future Sunset Core classes.

You agree that this release and waiver of liability, assumption of risk, and indemnity agreement is governed by the laws in the State of California and is intended to be as broad and inclusive as is permitted by California law, and that in the event that any portion of this Agreement is determined to be invalid, illegal, or unenforceable for any reason, the remainder of this Agreement shall not be affected or impaired in any way and shall continue in full legal force and effect.

If you are enrolling a minor (15-17) years of age, the above release applies equally to said minor. No one under 15 years of age may participate. A minor 15-17 years of age may participate only with a parent or legal guardian present.

2. Pregnancy

You understand that Sunset Core’s exercise program may not be suitable or appropriate to engage in during pregnancy.  You accept that it is your sole responsibility to inform the instructor if you are pregnant or attempting to become pregnant during the course of participation in Sunset Core’s classes and that you have been encouraged and advised to consult with healthcare professionals prior to participating in Sunset Core’s classes.  You agree that you are participating at your own risk at all times, but especially during pregnancy.

3. Arbitration Agreement and Waiver of Any Right to a Jury Trial

The below provision may significantly impact your legal rights, including your right to file a lawsuit in court.  For purposes of this section, Sunset Core’s services include, but are not limited to, visiting and use of the Sunset Core website, app and social media platforms, enrolling online, visiting the studio, participating in group classes or private classes or training programs, purchasing merchandise, using the Equipment and any and all other interactions with Sunset Core whether it be online, in Sunset Core’s studio or use of Sunset Core’s Equipment (collectively, the “Services”) You agree that if you and Sunset Core are unable to resolve a disagreement or dispute within thirty (30) days of notifying Sunset Core of your dispute, you acknowledge and agree that either party may then initiate binding arbitration.

You understand and agree that all claims arising out of or relating to your use or interaction with Sunset Core or any of Sunset Core’s Services, including the formation, performance, and breach of this arbitration agreement, your and our relationship, and/or your use of Sunset Core’s Services shall be finally settled by binding arbitration administered by the ADR Services, Inc. and Arbitration Rules, excluding any rules or procedures governing or permitting class actions.

Both Sunset Core and you have the right to seek legal counsel in connection with arbitration at its own expense.  You and Sunset Core shall select a single neutral arbitrator in accordance with the ADR Services and its rules. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any and all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on you and Sunset Core, and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this arbitration agreement and all other agreements between you and Sunset Core shall be subject to the Federal Arbitration Act. The parties agree to split the cost of arbitration, unless otherwise required by law.

You and Sunset Core understand that but for this mandatory clause, you and Sunset Core would have the right to sue in a court of law and have a jury empaneled.  You and Sunset Core acknowledge and understand that the right to discovery may be more limited in arbitration than in court.

4. Class Action and Class Arbitration Waiver

You and Sunset Core each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class, collective, or representative (“Class”) action, and you and Sunset Core each expressly waive our respective right to file a Class action or seek relief on a Class basis, unless otherwise required by law.  If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a Class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and you and Sunset Core shall be deemed to have not agreed to arbitrate disputes.  Notwithstanding your and Sunset Core’s agreement to resolve all disputes through arbitration, either you or Sunset Core may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

5. Exclusive Venue for Litigation and Governing Law

To the extent that the arbitration provisions set forth above do not apply, you and Sunset Core expressly consent that any litigation between you and Sunset Core shall be filed exclusively in state or federal courts located in and governed by the laws of the State in which the dispute arose. In the event of litigation, you and Sunset Core agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.

6. Indemnification

You agree to defend, indemnify, and hold harmless Releasees for any and all liability, claims, demands, actions, all damages, liabilities, losses, and/or expenses, (including reasonable attorney fees, costs, claims, damages, judgments, awards, settlements, investigations, fees, and disbursements) incurred through third party claims, lawsuits, demands, and/or actions, or threats of claims against Releasees from any breach by you under this Agreement and/or arising out of or concerning this Agreement.

7. Photo and Video Release

You consent to the use of any photographs, videos, or other media taken during your participation in Sunset Core activities for promotional or educational purposes.

8. Non-Recording of Classes

You agree that the recording, taping, videoing or audio recording of any of Sunset Core’s classes is strictly prohibited without the prior written consent of either the owners or managers of Sunset Core.  You are allowed to record and post lawful, non-offensive content related to your participation before or after a class, but only with the express consent of each person identifiable in your content.  Any violation of this policy may result in exclusion from future participation in Sunset Core’s Services. You agree to indemnify and hold Sunset Core, its owners, employees, instructors, and agents harmless from any claims, damages, or costs resulting from your violation of this policy, including reasonable attorney’s fees.

9. Anti-Discrimination and Anti-Harassment Policy

Sunset Core will not tolerate any inappropriate or discriminatory conduct by either its personnel or its members.  If you believe someone is engaging in unacceptable behavior, we ask that you inform that/those individual(s) to stop the conduct immediately (if you feel comfortable doing so) and also notify the instructor.  Thereafter, we also ask that you email Sunset Core at info@sunsetcorela.com.  In making a complaint, please provide as much detail as possible.  Sunset Core will investigate and assess the conduct/behavior/situation to the best of our ability and determine what corrective action(s), if any, is required on our end.  Any disputes or complaints not resolved via this complaint process will be subject to the Arbitration Agreement included within this Liability Waiver.

10. Limitation of Liability of Illnesses, including Coronavirus

You understand that Sunset Core takes the health and wellness of all clients seriously.  With that said, Sunset Core cannot guarantee that you, your family, and/or your guests will not become infected with an illness, including, but not limited to, the flu, cold or Covid-19. Attending classes, events, and/or activities at Sunset Core may place you in close physical proximity or contact with other members, attendees, and staff and could increase the risk that you, your family members, and/or your guests contract some type of illness, including Covid-19.

You understand the risk of becoming exposed to or infected by others at Sunset Core’s studio and you assume all risks of being infected, including if complications may arise, which can include, extensive quarantine and self-isolation, testing, hospitalization with additional medical treatment, Intensive Care Unit treatment, intubation/ventilator support, the risk of death, and other potential complications.

11. Intellectual Property

All content and materials provided by Sunset Core including website content, classes, exercises, equipment, and trademarks, are protected by copyright, trademarks, and other intellectual property laws and are owned exclusively by Sunset Core. You may only use these materials for personal use and may not modify, copy, distribute, or create derivative works from them.  You have no right to use, sell, license, or otherwise exploit Sunset Core’s intellectual property, including trademarks, equipment, exercises, and related documentation, without express permission.  You may not use Sunset Core’s name, logos, or trademarks, except to refer to the Sunset Core’s products and services.

I have read this Liability Waiver form in its entirety and fully understand its contents, including that this Liability Waiver represents your understanding between you and Sunset Core regarding your Liability Waiver, Arbitration Agreement, and Indemnification Agreement, superseding any prior communications or agreements.  It does not affect any separate agreements you may have with Sunset Core.  If any provision is found invalid or unenforceable, the remaining provisions will remain in effect.  The titles of sections in this waiver are for convenience and do not limit or define the scope of any provision.

You may not assign or transfer your rights or obligations under this waiver without Sunset Core’s prior written consent.  However, Sunset Core may assign its rights and obligations without restriction.  A waiver of any breach or default does not waive any future breaches or defaults.  Terms used in the singular include the plural, as appropriate.  The term “including” is meant to be non-limiting.  A printed version of this Liability Waiver, including any electronic notices, may be used in legal proceedings and has the same legal weight as a paper document.

Sunset Core is not liable for failure to fulfill its obligations due to circumstances beyond its control.

By signing this Liability Waiver, you acknowledge that it is a binding contract.  You are also aware that that by signing this Liability Waiver, you are waiving certain legal rights, including the right to sue.  You voluntarily agree to be bound by its terms.  If an arbitration action is filed for any injury or damage, and you breach this contract, you agree to cover all attorney’s fees and costs for Sunset Core’s defense.  The prevailing party in any action will be entitled to recover its attorney’s fees and costs.

By signing below, you confirm that you have read and fully understand this waiver.  You voluntarily waive any right to pursue legal action against Sunset Core for negligence, injury, death, or property damage, recognizing the risks involved in participating in Sunset Core’s programs. You acknowledge that your decision to sign this document is a free and deliberate choice, and you agree to the terms outlined as a condition of engaging in exercise and training with Sunset Core.