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CG SINGLE CAMP PURCHASE AGREEMENT

PLEASE READ THIS CG™ SINGLE CAMP PURCHASE AGREEMENT (“Agreement”) CAREFULLY BEFORE REGISTERING FOR CG CAMP (“CAMP”) BECAUSE IT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU (“you” or “your”) AND CG NATION, L.L.C. (“Camp Gladiator” or “CG”). THIS AGREEMENT ADDRESSES ALL IN PERSON AND VIRTUAL WORKOUTS PROVIDED BY CG, IF YOUR SINGLE CAMP PURCHASE INCLUDES ACCESS TO VIRTUAL WORKOUTS, INCLUDING BUT NOT LIMITED TO, ALL WORKOUTS, FITNESS ROUTINES, TRAINING, CAMPS, OR ANY OTHER FORM OF EXERCISE LED IN PERSON, REMOTELY, BY VIDEO, GROUP CHAT, PRIOR RECORDING, OR ANY OTHER ELECTRONIC MEANS, PROVIDED BY CG AND HOSTED ON ANY THIRD PARTY PLATFORM VIDEOCONFERENCING OR OTHER INTERNET-BASED PLATFORM SUCH A ZOOM (“WORKOUTS”). BY ELECTRONICALLY SIGNING OR OTHERWISE INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT; AND YOUR ACCESS, USE, REGISTRATION, OR PARTICIPATION IN/WITH THE CAMP REAFFIRMS YOUR ACCEPTANCE AND AGREEMENT IN EACH INSTANCE.

TERMS AND CONDITIONS

  1. Representations. You represent, warrant and covenant to CG that: (a) you are a natural person and of eighteen (18) years of age or older who is located in the United States of America; (b) you have read and understand this Agreement; (c) you have full right and authority to enter into and abide by this Agreement; (d) you understand and acknowledge that by accepting this Agreement that you are giving up certain legal rights and remedies; (e) CG is not required to seek the permission of or compensate any third party(s) to exercise any of the rights granted by you under this agreement; (f) Workouts are made available to you solely for your personal, noncommercial use; and (g) all information you provide to CG is truthful and accurate. 
  2. Camp. CG has the right to alter the times and locations of the Camp’s operation, including a temporary or permanent shift to an exclusively virtual experience, and to offer Camp to third parties at different rates and terms than offered to or accepted by you.  Camp does not include any other CG add-on services, as those must be purchased separately (e.g., CG FIT™ program, CG GAMES™ events, and other products, services, and events made available from time to time). Camp also does not include membership to the CG BOLD Program.
  3. Effective Date. Effective date of this agreement is the date of registration. 
  4. No Refunds. All sales are final, irrevocable and not subject to or eligible for refund, return or transfer 
  5. Payments. You authorize CG and its third-party payment processing vendor(s) to charge your Camp Fee and other agreed upon amounts under this Agreement to the credit card, debit card you provide to CG and/or associate with your User Account; and you agree that you are responsible for the timely payment of all such amounts that accrue. YOU WAIVE ALL CLAIMS AGAINST CG AND ITS AFFILIATES, EMPLOYEES, AGENTS, VENDORS, AND CONTRACTORS FOR ANY UNAUTHORIZED PAYMENTS MADE, REGARDLESS OF WHETHER THEY ARE AUTHORIZED OR UNAUTHORIZED. You are solely responsible for monitoring your bank and credit card statements and notifying your bank or other provider in a timely manner of any erroneous charge that appears on your statements.
  6. Taxes; Default Charges. CG has the right to charge you for, and you shall pay, any and all taxes imposed by the applicable taxing authorities for your Camp payment or any other purchases made from CG. You are ultimately responsible for paying any applicable taxes for your Camp payment. You shall pay late charges, collection costs, and legal expenses (including, without limitation, costs and reasonable outside attorney fees), that CG incurs or assesses to collect any unpaid amounts you may owe, plus interest at the maximum allowable rate. 
  7. Refusal; Termination. CG may refuse its products and services to you (including, without limitation, terminating your User Account and Camp access) without notice, recourse, refund, or return to you if (a) if you are or CG suspects that you are, in any way involved in fraudulent or illegal activity; (b) if CG believes you are disruptive, disorderly, loud, harassing, abusive or a safety risk of/to CG, its customers, or their property; (c) if you violate any Camp rules or policies; or (d) if you breach this Agreement. 
  8. Contacting CG. Contact our Camper Support Team by chat (www.campgladiator.com/contact) or by phone at 512.494.6966. 
  9. Additional Agreements and Policies. This Agreement supplements, and is incorporated by reference into the TERMS OF USE AND WAIVER (campgladiator.com/terms/) AND PRIVACY POLICY (campgladiator.com/privacy-policy/) for the CampGladiator.com website and CG mobile app (collectively, “Standard Terms”). By entering into this Agreement, you are acknowledging that you have read and understand, or have had an opportunity to read and understand, the most recent version of the Standard Terms; and that you accept and agree to, or reaffirm your acceptance and agreement to, the Standard Terms.  If any term or condition of this Agreement conflicts with a term or condition of the Standard Terms, then the conflicting term or condition of this Agreement shall govern and control. Your Camp purchase is subject to all other CG Camp rules and policies CG makes known to you from time to time, and you agree to follow the same. 
  10. Waiver. YOU HEREBY VOLUNTARILY GIVE YOUR FULL INFORMED CONSENT TO USE AND PARTICIPATE IN CG CAMP AND CERTIFY THAT YOU HAVE BEEN WARNED ABOUT, UNDERSTAND, AND ACCEPT ANY AND ALL RISKS AND REQUIREMENTS ASSOCIATED WITH CAMP, WHETHER KNOWN OR UNKNOWN NOW OR IN THE FUTURE (INCLUDING, WITHOUT LIMITATION, THE FACT THAT CG CAMP IS A CHALLENGING FITNESS PROGRAM THAT MAY INVOLVE VIGOROUS WORKOUTS, OBSTACLE COURSE CHALLENGES, AND OTHER PHYSICALLY DEMANDING OR STRENUOUS ACTIVITIES, THAT CG CAMP MAY POSITIVELY OR NEGATIVELY AFFECT OR CHANGE YOUR HEALTH AND WELLNESS, AND THAT CG CAMP IS INTENDED ONLY FOR HEALTHY INDIVIDUALS). YOU ALSO REPRESENT AND WARRANT TO CG THAT YOU HAVE CONDUCTED A THOROUGH INVESTIGATION OF CG CAMP; YOU HAVE CONSULTED WITH AN INDEPENDENT, LICENSED, MEDICAL PROFESSIONAL WHO IS FAMILIAR WITH YOUR MEDICAL HISTORY AND CONDITIONS ABOUT YOUR ABILITY TO PARTICIPATE IN CG CAMP; AND YOU WILL NOT PARTICIPATE IN CG CAMP IN A MANNER THAT MAY INJURE OR AFFECT THE SAFETY OF YOU OR OTHERS. YOU WAIVE ANY AND ALL CLAIMS AGAINST CG AND ITS AFFILIATES, AGENTS, EMPLOYEES, VENDORS, AND CONTRACTORS, WHETHER KNOWN OR UNKNOWN NOW OR IN THE FUTURE, RELATING TO ANY PHYSICAL OR EMOTIONAL INJURY THAT MAY RESULT FROM YOUR PARTICIPATION IN CAMP, WEATHER IN PERSON OR VIRTUALLY. 
  11. Disclaimer of Property Liability. CG EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO YOU OR YOUR GUEST(S) FOR ANY PERSONAL PROPERTY THAT IS DAMAGED, LOST, OR STOLEN WHILE ON OR AROUND CG’S LOCATIONS OR DURING YOUR PARTICIPATION IN CG CAMP, INCLUDING, WITHOUT LIMITATION, ANY BAGS, VEHICLES, OR THEIR CONTENTS. 
  12. Disclaimer About System Delays.  You understand and acknowledge that the Workouts, and/or the Services may be subject to limitations, delays, and other problems inherent in the use of third-party communication networks and facilities that are outside of CG’s control.  Accordingly, CG shall not be responsible for any delays, failures, losses, injuries, liabilities, or damages associated with the Workouts, and/or the Services which result from any system delays, downtimes, interruptions, or other failures of or problems with the Workouts, and/or the Services which are outside of CG’s control (including, without limitation, scheduled maintenance, or network failure).
  13. Disclaimer of Promotional Items. There may or may not be promotions and/or challenges going on during the period of your access to CG Workouts. These promotions are, like the workouts mentioned in Section 1 only available to individuals in the United States of America (“USA”). 

            If for any reason a promotion is not capable of running as planned, including without limitation, lack of significant participation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of such promotion, CG reserves the right, at its sole discretion, to cancel, modify or terminate such promotion. CG reserves the right, in its sole and absolute discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of a promotion; (b) violating these Terms; or (c) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. 
            If a Force Majeure Event occurs, CG will be excused from offering promotional items under this contest. For purposes of this agreement, “Force Majeure Event” means any event or circumstance, regardless of whether it was foreseeable, that was not caused by that party and that prevents a CG from holding these promotions. Such events may include but are not limited to: act of God, war, hostilities, invasion, act of foreign enemies, mobilisation, rebellion, revolution, military or usurped power, civil war, pandemics, contamination, riot, strikes, lock outs, acts or threats of terrorism.
            If you qualify for a promotional item, you must follow steps provided to redeem and receive this item. Third-party issues that may interrupt your receipt of these promotional items such as but not limited to supply-chain issues, shipping/freight issues, ect. As such, promotional items could take weeks to receive once you have completed all steps to receive them. As promotions, and CG Workouts, are not eligible outside the United States of America, no promotional items will be shipped outside the USA. 

  14. Links to Other Sites, Networks, Platforms, Servers, and Apps.
    a.        Linked Technologies.  CG Workouts may contain links to third-party websites, networks, platforms, servers, and/or applications (“Linked Technologies”).  The Linked Technologies are not under the control of CG. CG Workouts contain these links only as a convenience to you.
    b.        Disclaimer About Linked Technologies.  CG is not responsible for any information, content, goods, services, promotions, advertisements, programs, codes, or other items which may be found on or excluded from the Linked Technologies (including, without limitation and by way of example only, malicious software, spyware programs, inaccurate information, and illegal content).  CG does not make, nor has CG made, any representations or warranties (express, implied, or otherwise) concerning the terms of use or service, privacy policies, agreements, information, content, goods, services, promotions, advertisements, programs, codes, or other items which may be found on or excluded from the Linked Technologies; nor shall the fact that the Workouts links to any Linked Technologies constitute an affiliation with, association with, or endorsement of such Linked Technologies any information, content, goods, services, promotions, advertisements, programs, codes, or other items which may be found on or excluded from such Linked Technologies.  If you decide to access any Linked Technologies, then you do so at your own risk.
    c.        Use of Zoom Video Communications, Inc. By accessing, participating in and using the Workouts hosted on Zoom or other videoconferencing software you are agreeing to accept the terms and conditions of Zoom. The Zoom terms and conditions can be found at https://www.zoom.us/terms. If you do not agree to the Zoom terms and conditions you may not access, participate in or use the Workouts or Services provided under this Agreement.
  15. Your Devices.  Certain portions of the Workouts may be configured for, and CG may offer the Workouts through, computers, tablets, smart phones, and/or other electronic devices (“Device(s)”), and this Agreement shall apply with equal force and measure to your visit, access, and use of the Workouts through such Devices.  You are responsible for obtaining and updating the Device, software, operating system, carrier, and network access necessary to properly access and use the Workouts.  CG does not guarantee that the Workouts, or any portions thereof will function on or in connection with any particular Device, software, operating system, carrier, or network.  If you visit, access, or use the Workouts through a particular Device, then you hereby acknowledge and agree that information about your use of the Workouts through that Device or its carrier or network (such as, by way of example only, the identity of your Device or its carrier or network) may be communicated to CG and/or certain third parties.  The voice, message, and data fees, rates, charges, and taxes of your Device’s carrier or network, or another third party, may apply to your visit, access, and/or use of the Workouts.  CG is not responsible for, and you further accept full responsibility for, all Device, carrier, and network fees, rates, charges, and taxes which may apply, if any.
  16. CG Recordings.  By participating in the Workouts you will see and hear and be heard and seen by the other Users participating in the Workouts. You can elect to be heard and seen by the other Users participating in the Workouts. By electing to display your image and or audio during the Workouts you consent to the video and/or oral recording of You and anyone around you during the Workouts. Further, You hereby consent to the photographing, filming, taping, recording, interviewing, and/or referencing of you by CG (itself and/or by or through its agents, employees, designees, and/or contractors) during your participation in all or any part of the Workouts.  In addition, you hereby acknowledge and agree that CG is, and that you have always known CG to be, the exclusive owner of all past, present, and future rights, titles, and interests in and to all of your contributions to the resulting products of those photographing, filming, taping, recording, interviewing, and/or referencing activities (including, without limitation, all copyrights, results, and proceeds, as well as all allied, ancillary, and subsidiary rights in the foregoing, and all moral rights of the author or droit moral in the foregoing) (collectively, the “Recorded Works”), if any, as “works made for hire;” but if any of the foregoing is not a “work made for hire,” then you forever irrevocably transfer the same to CG.
  17. Rights, Permissions, and Consents. 
    a.        License of User Materials.  All names, photographs, information, communications, and any other content that you submit to or publish on an online social media account (e.g., Facebook, Instagram) that you own and link or otherwise associate with the Workouts, or your User Account, if any and as applicable, is hereinafter defined as the “User Materials.”  You hereby grant CG an irrevocable, non-exclusive, royalty-free, fully-paid, transferable, sub-licensable, perpetual, and universe-wide license for CG to host, store, reproduce, transmit, distribute, sell, resell, license, sublicense, market, modify, adapt, create derivative works, communicate, publish, syndicate, publicly perform, publicly display, archive, and otherwise use and exploit all or any part of such User Materials and any elements and derivatives thereof in any manner, medium, or form, whether now known or hereinafter devised, as CG sees fit in its sole discretion.
    b.        CG Recordings.  By participating in Virtual Workouts you will see and hear and be heard and seen by the other Users participating in the Workouts. You can elect to be heard and seen by the other Users participating in the Workouts. By electing to display your image and or audio during the Workouts you consent to the video and/or oral recording of You and anyone around you during the Workouts. Further, You hereby consent to the photographing, filming, taping, recording, interviewing, and/or referencing of you by CG (itself and/or by or through its agents, employees, designees, and/or contractors) during your participation in all or any part of the Virtual Workouts. In addition, you hereby acknowledge and agree that CG is, and that you have always known CG to be, the exclusive owner of all past, present, and future rights, titles, and interests in and to all of your contributions to the resulting products of those photographing, filming, taping, recording, interviewing, and/or referencing activities (including, without limitation, all copyrights, results, and proceeds, as well as all allied, ancillary, and subsidiary rights in the foregoing, and all moral rights of the author or droit moral in the foregoing) (collectively, the “Recorded Works”), if any, as “works made for hire;” but if any of the foregoing is not a “work made for hire,” then you forever irrevocably transfer the same to CG.
    c.        License of Name and Likeness.  You hereby grant CG the non-exclusive, irrevocable, transferable, sub-licensable, royalty-free, fully-paid, perpetual, and universe-wide right to use all or any part of your names, likenesses, images, voices, statements, and performances, whether in original or modified form, for any purposes (e.g., archival, commercial, or non-commercial), in any languages, and in any and all manners, mediums, and forms.
    d.        No Further Compensation.  You are not entitled to any payments, credits, or other benefits related to the rights, permissions, consents, or activities which are licensed, transferred, conveyed, or undertaken by you under or in relation to this section 15. 
    e.        Reservation of Rights.  Nothing in this Agreement shall restrict or limit CG’s rights, titles, or interests in or to the Workouts, the User Materials, the Recorded Works, or any elements or derivatives of the foregoing.
    f.        Warnings; Disclaimers.  Please note that the User Materials might become the subject of public disclosure. Thus, CG is not responsible for, and expressly disclaims any liability arising from or in connection with, its use of any User Materials in accordance with the terms and conditions of this Agreement.
  18. Electronic Communications Consent; Opt-Out. You hereby acknowledge and reaffirm your express consent in the Standard Terms to CG sending or otherwise communicating with you for any purpose via any electronic means or forms as CG deems appropriate in its sole discretion, whether through the CampGladiator.com website, through the CG mobile app, through your User Account, by personal communication, by e-mail, by automatic telephone dialing system, by artificial or prerecorded voice, by online social media, by text message, or by other electronic media means or forms.  You are not required to acknowledge and reaffirm the foregoing consent as a condition for purchase or license of any CG products or services.  You may indicate your opt-out of these electronic communications at any time by using any reasonable opt-out method as further described in the Standard Terms or otherwise permitted by applicable law.
  19. Ownership.  CG and all elements and derivatives thereof (including, without limitation, all information, content, source codes, object codes, data, instructions, documentation, and expressions), as well as all copyrights, trademarks, and other intellectual properties of the foregoing, are owned, licensed, or permissibly used by CG.  In no event shall you have or retain any rights, titles, or interests in or to the foregoing other than those limited rights expressly granted to you under this Agreement.  No rights or permissions granted to you under this Agreement are coupled with an interest.  Nothing contained in this Agreement shall be construed as a waiver or limitation of CG’s or its licensors’ respective rights and remedies under applicable law.
  20. Indemnification. You hereby agree to indemnify, release, and hold harmless CG and CG’s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors, and licensees from and against any and all liabilities, claims, suits, demands, actions, judgments, losses, damages, fines, penalties and expenses (including costs and reasonable outside attorneys’ fees) incurred by such indemnitees, or asserted against such indemnitees by third parties, arising out of or in connection with (a) your acts, errors, or omissions, (b) your use of the Workouts, or the Services in any manner contrary to the terms and conditions of this Agreement, (c) your violation of the rights of or other injury to any third party, and/or (d) your breach of all or any part of this Agreement.
  21. Law and Forum. This Agreement, the additional terms, conditions, and policies referenced herein (including, without limitation, the Campgladitaor.com and CG App Terms and Privacy Policy), and all disputes, controversies, and claims arising from or in connection with any of the foregoing, your access or use of the Workouts, and/or the Services, and/or the Parties’ relationship (whether grounded in contract, tort, statute, law, or equity), shall be governed, interpreted, construed, and enforced in accordance with the laws of the State of Texas in the United States of America and applicable federal law of the United States of America, regardless of its place of execution, its place of performance, and any conflicts of law analysis.  Both you and CG irrevocably submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Travis County, Texas for the resolution of all disputes, controversies, and claims arising from or about this Agreement, CG Workouts, your User Account, and/or their relationship (whether grounded in contract, tort, statute, law, or equity) and agree that neither is an inconvenient venue or forum.
  22. Miscellaneous. This Agreement, together with those additional terms, conditions, rules, and policies referenced herein and/or made available by hyperlink (including, without limitation, the Standard Terms), constitutes the entire agreement and understanding between you and CG with respect to the subject matter hereof; supersedes any prior agreements and understandings, if any, between you and CG with respect to such subject matter; cannot be modified except in a writing signed by both you and CG (or their respective successors, assigns, or transferees); and shall inure to the benefit of and be binding upon you, CG, and their respective successors, assigns, and transferees. Section headings are inserted for reference and convenience only and shall not interpret, define, limit, or describe the scope, intent, terms, or conditions of this Agreement. If any term or condition of this Agreement is deemed invalid or unenforceable, then the remaining terms and conditions shall not be affected, and the invalidated or unenforceable term or condition shall be reformed to the maximum extent permitted under the law and consistent with the intent of this Agreement.
  23. LAST MODIFIED This standard CG Single Camp Agreement was last modified on June 5, 2020.
     

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