RELEASE OF LIABILITY, TERMS, CONDITIONS AND DISCLAIMERS
1. As a condition of membership in and/OR participation in any activities, programs and camps presented by Bombshell Fitness™, I acknowledge that I am participating in a fitness and nutrition program (the “Program”) utilizing the Bombshell Fitness Training System™. During my membership and participation in the Program, I will receive information and instruction about the Bombshell Fitness Training System™ which is a unique and specialized combination of clean nutrition, weight training, plyometric workouts and cardiovascular training. Such information and instruction includes online training programs supported by the Bombshell Fitness™ coaching staff of International Federation of BodyBuilding and Fitness (IFBB) professionals, as well as personal and group training programs offered year-round at Bombshell Fitness™ camps and academies hosted either at the Bombshell Fitness™ complex in Orlando, Florida, or at any other venue or location whereby Bombshell Fitness hosts a training camp, seminar or promotion of any kind.
2. I recognize that the Program requires physical exertion that may be strenuous and may cause physical injury, and I am fully aware of the risks and hazards involved in participating in such activities. I also recognize and am fully aware that the use of exercise equipment, whether or not at Bombshell Fitness™ club facilities or otherwise provided by Bombshell Fitness™, may cause physical injury, and I am fully aware of the risks and hazards associated with using such equipment.
3. I hereby acknowledge that my Bombshell Fitness™ membership, participation in the Program and any activities related to or presented by Bombshell Fitness, and/OR participation as a non-member in any individual camp or academy presented by Bombshell Fitness, which includes physical training and nutritional instruction, is voluntary. I understand that Bombshell Fitness™ has no control regarding whether or not, and how, I use the Program, how I perform the training exercises, or whether or not I follow the nutritional instructions and recommendations of BombshellFitness™.
4. I understand that it is my responsibility to consult with a physician prior to and regarding my participation in the Program and/OR participation in any individual camp or academy presented by Bombshell Fitness. I represent and warrant that I am physically fit, and I have no medical condition (including, without limitation, disability, impairment, drug use, or ailment) that would prevent my full participation in the Program. Bombshell Fitness™ will make no evaluation or recommendation as to whether or not I am medically fit for any nutritional program or exercise activity.
5. In consideration of my membership in Bombshell Fitness™ and being permitted to participate in the Program and/OR participation as a non-member in any individual camp or academy presented by Bombshell Fitness, I hereby fully and completely indemnify and hold harmless, release, insure, defend, acquit, and forever discharge Bombshell Fitness, LLC, and its respective parent companies, subsidiaries, and affiliates, as well as any officers, directors, members, managers, contractors, coaches, and employees thereof (collectively, the “Releasees”), of and from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of actions, suits, rights, demands, costs, losses, debts, expenses and attorney’s fees, known or unknown, which I have, own, hold, claim to have, or will have, will own, will hold or may claim to have for any injury, loss, accident, damages or death which may occur to me while I am participating in the Program including my exercise training (whether or not directed by any coach of Bombshell Fitness™), my use of any nutrition instructions or recommendations provided by Bombshell Fitness™, and my use of any fitness equipment (whether or not provided by Bombshell Fitness™). The foregoing includes my waiver and release of Bombshell Fitness, LLC and the other Releasees from any liability which is attributable to the negligence of Bombshell Fitness, LLC or any of the other Releasees.
6. I, my heirs and legal representatives, forever release, waive, discharge and covenant not to sue Bombshell Fitness, LLC or any of the other Releasees for any injury, death, or other damages caused by the negligence of Bombshell Fitness™ or other acts or acts of any third party arising out of or related to the Program including any nutrition instructions or recommendations provided by Bombshell Fitness™ and the fitness equipment (whether or not provided by Bombshell Fitness™).
I hereby acknowledge and fully understand the potential dangers incidental to engaging in sports and fitness training, general exercise activities, and changes in dieting and nutrition, including Bombshell Fitness Live and Bombshell Fitness Online Coaching that take place through the Bombshell Fitness website(s), including B-Transformed, B-Competitive, Bombshell Bootcamps , B-Crowned, B-Physique, Baby-Fit, Fit-Together, Bombshell VIP Live, and Bombshell Ultimate Competitor Weekend (collectively “Bombshell Training”), and that such activities require physical effort and exertion. Moreover, I acknowledge specifically as it relates to training for competitive bikini and competitive bodybuilding, there is an increased risk related to extreme training and dieting that may result in an increased occurrence of both short- or long-term bodily harm or injury, especially for participants with pre-existing health conditions. I further acknowledge and agree that (i) I am responsible for consulting my physician or other health care provider prior to enrolling and participating in Bombshell Training to determine whether participating in Bombshell Training is appropriate for me; (ii) I will not enroll in or participate in Bombshell Training if my physician or health care provider advises against it; and (iii) if I experience faintness, dizziness, pain or shortness of breath at any time during a Bombshell Training session that I will stop immediately and contact my physician or health care provider.
I acknowledge and understand that my participation in Bombshell Training could result in my exposure to bodily injury, illness, loss, or death, as well as property losses and/or damage to property. For and in consideration of Bombshell Fitness, LLC (“Bombshell”) permitting me to locate and enroll in virtual, online, and live Bombshell Training through the Bombshell Fitness websites, including B-Connected and the instructor teaching such Bombshell Training, which may include Bombshell VIP Coaches and Bombshell VIP Master Coaches (collectively “Coach”) permitting me to enroll and participate in Bombshell Training, and in recognition of the possible dangers to which I voluntarily subject myself by participating in the Bombshell Training and related activities, I HEREBY AGREE AS FOLLOWS:
1. I acknowledge and understand that my participation in Bombshell Training could result in my exposure to bodily injury, illness, loss, or death, as well as property losses and/or damage to property. For and in consideration of Bombshell Fitness, LLC (“Bombshell”) permitting me to locate and enroll in virtual Bombshell Training through the Bombshell/B-Connected websites, and the Coach teaching such Bombshell Training permitting me to enroll and participate in the Bombshell Training, and in recognition of the possible dangers to which I voluntarily subject myself by participating in the Bombshell Training and related activities, I HEREBY AGREE AS FOLLOWS:
2. I hereby voluntarily for myself, my spouse, assignees, heirs, guardians or personal representatives, from the date of entry into this Waiver and Release, hold Bombshell and the Coach teaching the Bombshell Training which I enroll and participate in, as well as their agents, employees, officers, directors, spouses, assignees, heirs, guardians or personal representatives blameless and waive any and all rights and causes of action and associated costs for any accident, injury, illness or death, occasioned by my participation in the Bombshell Training, unless caused by the negligence of Bombshell or the Coach, their agents, employees, officers, directors, spouses, assignees, heirs, guardians or personal representatives.
3. In the event I am injured, I voluntarily agree to assume any financial obligation, either through personal health insurance, or through some other means, for any medical costs which I incur and Bombshell and the Coach teaching the Bombshell Training assumes no responsibility for any medical expenses, injury, or personal damage suffered by me in connection with the use of any facilities or services in connection with the Bombshell Training, unless caused by the negligence of Bombshell or the Coach, their agents, employees, officers, directors, spouses, assignees, heirs, guardians or personal representatives.
4. I hereby voluntarily assume all risk of damage or loss to my property while participating in the Bombshell Training and relieve Bombshell and the Coach teaching the Bombshell Training from liability for any and all property damage or loss, unless caused by the negligence of Bombshell or the Coach, their agents, employees, officers, directors, spouses, assignees, heirs, guardians, or personal representatives.
You acknowledge and agree that by clicking on a “Sign-Up” button and signing up for an account on the Bombshell website, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by these terms. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE BOMBSHELL WEBSITE OR SERVICES OFFERED BY BOMBSHELL. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
I have read the above Release and Waiver of Liability and fully understand its contents. I voluntarily agree to the terms and conditions stated above.
You agree that any claim, action or lawsuit (collectively, “Action) arising out of the Terms and Conditions, products, and services provided in connection with Bombshell Fitness, LLC, its’ subsidiaries, assigns, officers, and employees must be filed and maintained exclusively in any court in Orange County, Florida having subject matter jurisdiction with the prevailing party being entitled to reasonable attorneys’ fees. You also hereby submit to the personal jurisdiction of such courts for the purposes of litigating any such Action. You agree that these Terms and Conditions, Services, and Products shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflict law.
AS BOMBSHELL FITNESS, LLC AND ITS WEBSITES OR APPLICATIONS WILL EVOLVE OVER TIME, THERE MAY BE PERIODS OF TIME DURING WHICH CERTAIN BENEFITS AND FEATURES ARE MADE AVAILABLE ON A LIMITED BASIS TO A SELECT AUDIENCE. AVAILABILITY OF BOMBSHELL FITNESS APPLICATIONS AND BENEFITS ARE SUBJECT TO CHANGE WITHOUT NOTICE. AT ANY TIME, WE MAY AMEND THESE TERMS (INCLUDING BY MODIFICATION, DELETION AND/OR ADDITION OF ANY PORTION THEREOF). IF WE MAKE A MATERIAL AMENDMENT TO THESE TERMS, WE WILL NOTIFY YOU OF SUCH AMENDMENT BY SENDNG YOU AN EMAIL TO THE LAST EMAIL ADDRESS ASSOCIATED WITH YOUR BOMBSHELL FITNESS ACCOUNT, AND/OR BY POSTING NOTICE OF SUCH AMENDMENT ON THE SITE BY INCLUDING A NOTATION NEXT TO THE LINK TO THESE TERMS THAT STATES “UPDATED AS OF (APPLICABLE DATE).” AN SUCH AMENDMENT TO THESE TERMS WILL BE EFFECTIVE AS OF THE DATE THE MODIFIED OR REPLACEMENT TERMS ARE POSTED TO THE SITE, AND SUCH MODIFIED OR REPLACEMENT TERMS WILL GOVERN YOUR USE OF THE SITE, ITS’ SERVICES, AND PRODUCTS.
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS “BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT BOMBSHELL FITNESS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
FROM TIME TO TIME THERE MAY BE INFORMATION ON OUR SITE THAT CONTAINS TYPOGRAPHICAL ERRORS, INACCURACIES, OR OMISSIONS. WE MAY CORRECT ERRORS, INACCURACIES, OR OMISSIONS AND CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT NOTICE. WE APOLOGIZE FOR ANY INCONVENIENCE THIS MAY CAUSE YOU.
I hereby give Bombshell, Inc., BSF Productions, its assigns, licensees and legal representatives the irrevocable right to use my name / photograph / image / audio recording / video recording / and likeness (“My Image”) in all forms and manner including but not limited to publication on Internet Web Sites, social media advertising, broadcasts and any other publications as released to or by Bombshell, Inc. and BSF Productions. I understand that Bombshell, Inc. and its affiliates cannot control unauthorized use of My Image by persons not associated with Bombshell, Inc. once My Image has been published. I hereby forever waive any right to inspect or approve any publication of My Image by Bombshell, Inc.. I have carefully reviewed and understand the above provisions and agree to be bound by them. I voluntarily and irrevocably give my consent and agree to this Release and Waiver.
COVID-19 SAFETY INFORMATION:
While participating in hair, make-up, or tanning events (“EVENTS”) held or sponsored by Ice Services, LLC., (“ICE”) “social distancing” must be practiced and face coverings worn at all times to reduce the risks of exposure to COVID-19. Because COVID-19 is extremely contagious and is spread mainly from person-to-person contact, ICE has put in place preventative measures to reduce the spread of COVID-19. However, ICE cannot guarantee that its participants, volunteers, partners, or others in attendance will not become infected with COVID-19.
In light of the ongoing spread of COVID-19, individuals who fall within any of the categories below should not engage in ICE events and/or other face to face activities. By attending an ICE event, you certify that you do not fall into any of the following categories:
- Individuals who currently or within the past fourteen (14) days have experienced any symptoms associated with COVID-19, which include fever, cough, and shortness of breath among others;
- Individuals who have traveled at any point in the past fourteen (14) days either internationally or to a community in the U.S. that has experienced or is experiencing sustained community spread of COVID-19; or
- Individuals who believe that they may have been exposed to a confirmed or suspected case of COVID-19 or have been diagnosed with COVID-19 and are not yet cleared as non-contagious by state or local public health authorities or the health care team responsible for their treatment.
DUTY TO SELF-MONITOR:
Participants and volunteers agree to self-monitor for signs and symptoms of COVID-19 (symptoms typically include fever, cough, and shortness of breath) and, contact ICE at email@example.com if he/she experiences symptoms of COVID-19 within 14 days after participating, receiving services, or volunteering with ICE.
LIABILITY WAIVER AND RELEASE OF CLAIMS:
I acknowledge that I derive personal satisfaction and a benefit by virtue of my participation, receiving services, or volunteering with ICE, and I willingly engage in ICE events and/or other activities related to tanning, makeup, and hairstyling services related to an organized sports and fitness activity/event (the “Activity”).
RELEASE AND WAIVER. I HEREBY RELEASE, WAIVE AND FOREVER DISCHARGE ANY AND ALL LIABILITY, CLAIMS, AND DEMANDS OF WHATEVER KIND OR NATURE AGAINST ICE TANNING SERVICES, LLC AND ITS AFFILIATED PARTNERS, SUBSIDIARIES, AND SPONSORS, INCLUDING IN EACH CASE, WITHOUT LIMITATION, THEIR DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AND AGENTS (THE “RELEASED PARTIES”), EITHER IN LAW OR IN EQUITY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES CAUSED BY THE NEGLIGENCE, FAULT OR CONDUCT OF ANY KIND ON THE PART OF THE RELEASED PARTIES, INCLUDING BUT NOT LIMITED TO DEATH, BODILY INJURY, ILLNESS, ECONOMIC LOSS OR OUT OF POCKET EXPENSES, OR LOSS OR DAMAGE TO PROPERTY, WHICH I, MY HEIRS, ASSIGNEES, NEXT OF KIN AND/OR LEGALLY APPOINTED OR DESIGNATED REPRESENTATIVES, MAY HAVE OR WHICH MAY HEREINAFTER ACCRUE ON MY BEHALF, WHICH ARISE OR MAY HEREAFTER ARISE FROM MY PARTICIPATION WITH THE ACTIVITY.
>ASSUMPTION OF THE RISK. I acknowledge and understand the following:
- Participation includes possible exposure to and illness from infectious diseases including but not limited to COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist;
- I knowingly and freely assume all such risks related to illness and infectious diseases, such as COVID-19, even if arising from the negligence or fault of the Released Parties; and
- I hereby knowingly assume the risk of injury, harm and loss associated with the Activity, including any injury, harm and loss caused by the negligence, fault or conduct of any kind on the part of the Released Parties.
MEDICAL ACKNOWLEDGMENT AND RELEASE. I acknowledge the health risks associated with the Activity, including but not limited to transient dizziness, lightheaded, fainting, nausea, muscle cramping, musculoskeletal injury, joint pains, sprains and strains, heart attack, stroke, or sudden death. I agree that if I experience any of these or any other symptoms during the Activity, I will discontinue my participation immediately and seek appropriate medical attention. I DO HEREBY RELEASE AND FOREVER DISCHARGE
THE RELEASED PARTIES FROM ANY CLAIM WHATSOEVER WHICH ARISES OR MAY HEREAFTER ARISE ON ACCOUNT OF ANY FIRST AID, TREATMENT, OR SERVICE RENDERED IN CONNECTION WITH MY PARTICIPATION IN THE ACTIVITY.
As a participant, contractor, volunteer, or attendee, You recognize that your participation, involvement and/or attendance at any ICE event or activity (“ACTIVITY”) is voluntary and may result in personal injury (including death) and/or property damage. By attending, observing or participating in the Activity, You acknowledge and assume all risks and dangers associated with your participation and/or attendance at the Activity, and You agree that: (a) ICE SERVICES, LLC., (b) the property or site owner of the Activity, and (c) all past, present and future affiliates, successors, assigns, employees, contractors, volunteers, vendors, partners, directors, and officers, of such entities (subsections (a) through (c) (collectively, the “Released Parties”) will not be responsible for any personal injury (including death), property damage, or other loss suffered as a result of your participation in, attendance at, and/or observation of the Activity, regardless if any such injuries or losses are caused by the negligence or any of the Released Parties (collectively, the ”Released Claims”). BY ATTENDING AND/OR PARTICIPATION IN THE ACTIVITY, YOU ARE DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
MAKEUP ALLERGY AWARENESS FORM AND WAIVER
All brushes and makeup products are kept sanitary and are sanitized between every makeup application. Makeup products used are hypoallergenic.
Client acknowledges that he/she has or will consult their physician or dermatologist prior to receiving makeup services; will report any skin condition to the makeup artist prior to application, and, if needed, request a sample test of makeup to be performed on the skin to test for any potential adverse reaction prior to a full application of makeup products.
If Client has any adverse reactions to any makeup products, Client expressly agrees to seek immediate medical treatment for such adverse reaction.
Client further agrees to release the makeup artist from any liability from all skin complications due to allergic reactions.
SPRAY TAN CONSENT AND WAIVER
I authorize ICE EVENT SERVICES, LLC and its’ trained authorized representatives to perform spray tanning procedures for my aesthetic and cosmetic enhancement and personal benefit. I understand that undergoing this service may cause individual sensitivities, such as drying of the skin, and aggravation to those prone to asthma or allergies even in persons with no prior history of adverse reactions. We are not able to provide services if you are pregnant, have asthma, have broken skin, inflammation, suspicious growths, infectious and transmittable skin diseases and/or Sexually Transmittable Diseases, are using Accutane or any related product, or if in the reasonable judgment of provider, we feel that the services could be potentially harmful. Some of the ingredients used in our solution may contain a sugar base, and as a result, use of sunless tanning may cause your blood sugar levels to rise. PLEASE CONSULT WITH A LICENSED PHYSICIAN BEFORE USING SPRAY TAN PRODUCTS IF YOU HAVE ANY MEDICAL CONDITION INCLUDING ASTHMA, DIABETES, AND CHRONIC SKIN CONDITIONS.
The active ingredient in the spray tan product is DHA or Dihydroxyacetone. It is a 3-carbon sugar derived from sugar beets which, when applied to the skin has a chemical reaction with amino acids in the surface cells of the skin. DHA works with the amino acids in the skin, causing a chemical reaction that turns the upper layers of skin to a brownish hue. DHA carries less health risks than any other method to achieve a tanned appearance without sun exposure. DHA has been approved for sunless tanning by the FDA. The FDA has not approved DHA for the mouth or nose or any other area of the body that contains mucous membranes. You may request protective covering from your technician or bring personal items to protect yourself prior to receiving service. DHA’s effects occur in the skins upper layers and will fade away gradually with natural exfoliation over a 6-9 day period for most people.
Prior to having this service, please consider the following:
Wearing deodorants, lotions, or makeup will act as a barrier to the tanning solution, causing an uneven tan and/or white spots, so we recommend that you do not wear these before spray tanning
Completely exfoliating before applying and reapplying will enhance the results. Do not use any oil based products.
Certain medications including, but not limited to, female hormone replacement therapy (Premarin) or anti-depressants could inhibit self-tanning.
The bronzing agent in the tanning solution may stain silk and leather, so please do not wear either of these types of fabrics following the application until you have thoroughly showered.
The tan will develop gradually during the 6-8 hours after you have been sprayed. Do not shower shower until show is over.
Please refrain from any and all activities that will cause perspiration (including working out or exercising) until after your first shower.
Let the application dry for at least 5 minutes prior to getting dressed following the application.
To lengthen the life of your tan, be sure to moisturize adequately and avoid products containing alpha hydroxy acids and mineral oils as they may accelerate skin exfoliation.
I have had sufficient opportunity to read and understand the potential risks and complications of a spray tan. I have reviewed all the information in this form, and all of my questions have been answered to my satisfaction. I expressly acknowledge and accept the risks and potential adverse reactions or sensitivities involved with receiving this service. I understand the procedure, and believe I have sufficient knowledge upon which to base an informed consent. I understand that ICE is not liable for any injury to persons, personal property, or theft of personal property. I expressly agree to release ICE, its employees, officers, executives, assigns, and subsidiaries from any and all liability from harm or damages as a result of the spray tan process and application. I have been made aware that ICE reserves the right to cancel packages without reimbursement for customers who are verbally abusive, act in an inappropriate manner, do not adhere to reasonable service rules, and /or act in a destructive or harmful manner.