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CG BOLD MEMBERSHIP AGREEMENT

 

IMPORTANT LEGAL NOTICE: THIS CG BOLD™ MEMBERSHIP AGREEMENT (THE “AGREEMENT”) IS A LEGALLY BINDING AGREEMENT BETWEEN YOU OR ANY PERSON ACTING ON YOUR BEHALF FOR THE PURPOSE OF PROVIDING YOU ACCESS TO THE CG BOLDTM PROGRAM (“CG BOLD”) AND/OR ANY CG WORKOUTS (“YOU” OR “YOUR”), AND CG NATION, LLC D/B/A CAMP GLADIATOR (“CG”). PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SIGNING OR REGISTERING.

 

DISCLAIMER: BY ELECTRONICALLY SIGNING OR OTHERWISE INDICATING EITHER VERBALLY OR IN WRITING YOUR WILLINGNESS TO REGISTER FOR CG BOLD, YOU VOLUNTARILY AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT EACH TIME YOU ACCESS, USE, OR PARTICIPATE IN A CG WORKOUT OR OTHER CG EVENTS, PRODUCTS OR SERVICES, YOU REAFFIRM YOUR ACCEPTANCE OF THIS AGREEMENT AND/OR THE MOST RECENT VERSION OF THIS AGREEMENT.

 

CG BOLD PROGRAM TERMS AND CONDITIONS:

 

  1. INITIAL MINIMUM COMMITMENT; AUTOMATIC RENEWAL. YOUR CG BOLD MEMBERSHIP IS A COMMITMENT FOR AN INITIAL MINIMUM NUMBER OF NORMAL (I.E. NON-FREEZE) BOLD MEMBERSHIP PAYMENTS BASED ON THE STATED TERM OF YOUR SELECTED CG BOLD OFFERING (THE “INITIAL MINIMUM BOLD COMMITMENT”).

 

FOLLOWING YOUR INITIAL MINIMUM BOLD COMMITMENT, YOUR BOLD MEMBERSHIP WILL AUTOMATICALLY RENEW ON A MONTH-TO-MONTH BASIS, AND YOU WILL BE CHARGED THE THEN-CURRENT MONTHLY BOLD FEE FOR YOUR CG BOLD MEMBERSHIP, UNLESS YOU TIMELY CANCEL YOUR MEMBERSHIP, AS REQUIRED UNDER THIS AGREEMENT.

 

  1. Payments; Monthly Charges. Your BOLD Membership will be due on the same day each month, at the then-current BOLD price, less any applicable discounts, and as later adjusted or increased in accordance with this Agreement, or in accordance with the terms of any Add-On Services, upgraded or replacement memberships, or modified membership features you may purchase (the “Monthly BOLD Fee”). The first Monthly BOLD Fee will be charged as follows: a) if you register for CG BOLD prior to your first full camp as a BOLD member, the first Monthly BOLD Fee will be charged on the Monday of the first week of the first full camp cycle following your registration date, or b) if you register for CG BOLD during your first full camp as a BOLD member, your first Monthly BOLD Fee will be charged on the registration date, or c) another date as may be specified in a given promotion or offering. The Monthly BOLD Fee may include other agreed-upon amounts purchased by you and incorporated into this Agreement.  We may adjust your Monthly BOLD Fee in connection with any applicable trial or opt-in periods and/or changes to the specific type of BOLD Membership you purchase.

 

  1. Payment Authorization. You authorize CG and its third-party payment processing vendor(s) to charge your Monthly BOLD Fee, and any other agreed-upon amounts under this Agreement, including any separately sold CG Services (as described in Section 8) purchased by you, to the credit card,  debit card, or other payment mechanisms you provide to CG and/or associated with your User Account. You acknowledge and agree that you are responsible for the timely payment of all such amounts that are due and owing.

 

YOU ARE SOLELY RESPONSIBLE FOR MONITORING YOUR BANK AND CREDIT CARD STATEMENTS, AND FOR NOTIFYING YOUR FINANCIAL INSTITUTION IN A TIMELY MANNER OF ANY ERRONEOUS CHARGE THAT APPEARS ON YOUR BILLING STATEMENT. YOU HEREBY WAIVE ALL CLAIMS AGAINST THE CG PARTIES FOR ANY DISPUTED PAYMENTS.

 

  1. BOLD Loyalty Points. As part of your BOLD Membership, you may be eligible to participate in a loyalty-points program that may feature the ability to earn “loyalty points” redeemable for certain CG products or services, subject to change from time to time in our sole discretion (“BOLD Loyalty Points”). Any BOLD Loyalty Points you earn cannot be redeemed for cash or transferred to another member’s account. If your BOLD Membership ends for any reason, any BOLD Loyalty Points you have accrued as part of CG BOLD will be forfeited and permanently deleted.

 

  1. Access to CG Workouts. The terms of this Agreement cover your access to any workout sessions that may be provided, or made available, to you by CG and its independent contractors or its independent franchise owners, including, all fitness routines, training, camps, or any other form of exercise led in person, by video, group chat, prior recording, or any third-party videoconferencing or other internet-based platforms, whether conducted outdoor, indoor, virtually or any other workouts based on the specific type of BOLD Membership you purchase (collectively, the “CG Workouts”).

 

  1. Reservation of Rights. CG reserves the right to modify or alter any aspect of CG BOLD, including, any temporary or permanent shift to a different modality of offering, and to offer CG BOLD to third parties at different rates and terms than those accepted by you. CG reserves the right to supplement, amend or otherwise modify any rules and policies governing CG BOLD, CG Workouts or any other CG Services published from time to time without prior notice to you, and you agree to follow the same.

 

  1. Representations by You. You represent and warrant to CG that: (a) you are an individual above 18 years of age and a United States resident; (b) you had the opportunity to read this Agreement; (c) you are voluntarily entering into this Agreement; (d) any CG Workouts are made available to you solely for your personal, noncommercial use; and (e) all information you provide to CG is truthful and accurate.

 

  1. Sales Final; Non-Transferable. This Agreement is limited to one BOLD Membership per person and does not include any other products, services, or events made available by CG, from time to time, and sold separately (collectively, the “CG Services”). All sales are final and irrevocable, and except as provided under applicable law, your purchase is not subject to or eligible for a refund or return regardless of whether you become injured, have an unexpected business or family emergency, travel issues, or whether any CG camp or CG Workouts are postponed, canceled or modified for any reason. All inquiries regarding this policy will be directed back to this statement. Your purchase of CG BOLD is not transferable for any reason, and you may not assign, transfer, give or sell your BOLD Membership to anyone else. Violations of this policy may result in you being permanently banned from CG, including, but not limited to, participating in or accessing CG camp or other CG Services.

 

  1. Cancellation. To cancel your BOLD Membership, you must contact our Camper Support Team online at campgladiator.com/contact and complete our then-current cancellation steps provided by Camper Support at least seven (7) days before your next monthly billing date, unless a shorter time period is required by your State of residence. Unless you timely complete all the cancelation steps provided by Camper Support, you are not permitted to cancel your BOLD Membership, including any additional CG Services incorporated by reference in this Agreement.  Except as explicitly permitted under this Agreement, you may not cancel your membership prior to fulfillment of your Minimum BOLD Commitment. All inquiries regarding CG’s cancellation policy will be directed back to this paragraph.

 

  1. BOLD Freeze Payments. Under certain circumstances that we may specify from time to time in our sole discretion, we may permit you to temporarily suspend your Monthly BOLD Fee for a limited time period (subject to your payment of an administrative fee set by CG periodically in its sole discretion) (the “Freeze Period” or “Freeze Payment”). During the Freeze Period, you will retain all BOLD Loyalty Points accrued as of the Freeze Payment date and any other CG BOLD features and your applicable BOLD status; provided, however, that you will not be able to attend any CG Workouts, accrue any additional BOLD Loyalty Points, , or receive other benefits that CG BOLD members would normally receive during the Freeze Period. For the avoidance of doubt, any Freeze Payment paid by you under this Agreement will not count toward your Minimum BOLD Commitment. Certain BOLD Memberships may not be eligible for Freeze Periods.  We reserve the right to modify or eliminate altogether, during or following your Minimum BOLD Commitment, the availability of Freeze Payments, in our sole discretion, based on future changes to the BOLD Membership program or changes to your specific BOLD Membership.

 

  1. Fee Increases. CG reserves the right to increase your Monthly BOLD Fee during your Minimum BOLD Commitment for any reason, including due to (i) expiring, misused or changes to any applicable discounts; (ii) any underlying price changes to CG’s products and services, including outdoor and/or virtual workouts; or (iii) any Add-On Services that you may purchase from time to time; or (iv) as determined by CG from time to time in its sole discretion, or if required by local laws and regulations, as determined by CG’s independent contractors or independent franchise owners. 

 

  1. Taxes; Default Charges.  CG reserves the right to charge, and you agree to pay, any and all taxes imposed by the applicable taxing authorities on your BOLD Membership, Monthly BOLD Fee, or any other CG Services. You shall pay any late charges, collection costs, and legal expenses (including, without limitation, costs and reasonable attorneys’ fees), that CG incurs or assesses in connection with collecting any unpaid amounts you may owe, including the balance of all amounts due in connection with your remaining Minimum BOLD Commitment, plus interest at the maximum allowable rate. Regardless of whether you accept CG’s electronic communications policy as further described below, you agree that CG or third-party vendors may contact you by phone, including by mobile phone, to settle financial balances or debts between you and CG.

 

  1. Refusal and Termination by CG. CG may temporarily or permanently refuse its products and services to you, and may refuse to allow you to participate in CG BOLD and CG Workouts, including, but not limited to, terminating your User Account without notice, recourse, or refund if (a) you are or CG suspects that you are, in any way involved in fraudulent or illegal activity; (b) if CG determines you are disruptive, disorderly, harassing, abusive or pose a safety risk to CG, anyone attending CG Camp, or their property; (c) if you violate any rules, policies or guidelines governing CG Camp, (d) if you fail to pay any outstanding debt due and owing under this Agreement or your User Account or (e) if you breach this Agreement.

 

  1. Assumption of Risks; Liability Waiver. YOU HEREBY VOLUNTARILY GIVE YOUR FULLY INFORMED CONSENT TO PARTICIPATE IN CG BOLD, INCLUDING PARTICIPATING IN CG WORKOUTS OR ANY OTHER CG SERVICES, AND YOU CERTIFY THAT YOU HAVE BEEN WARNED ABOUT, UNDERSTAND, AND ACCEPT ANY AND ALL RISKS AND REQUIREMENTS OF THE TYPES DESCRIBED IN THIS AGREEMENT AND ASSOCIATED WITH PARTICIPATING IN THE CG WORKOUTS, WHETHER KNOWN OR UNKNOWN, NOW OR IN THE FUTURE (INCLUDING, WITHOUT LIMITATION, THE FACT THAT: 

(A) CG WORKOUTS MAY INVOLVE CHALLENGING FITNESS PROGRAMS THAT CONSIST OF VIGOROUS WORKOUTS, OBSTACLE COURSE-STYLE CHALLENGES, AND OTHER PHYSICALLY DEMANDING OR STRENUOUS ACTIVITIES THAT COULD RESULT IN SUNBURN, OVERHEATING, HEATSTROKE, ABNORMAL BLOOD PRESSURE, EXCESSIVE SWEATING, DIZZINESS, RAPID HEARTBEAT, FAINTING, EXHAUSTION, SPRAINS, STRAINS, FRACTURES, ANIMAL BITES, STINGS, CONTACT WITH POISONOUS PLANTS, EXPOSURE TO PATHOGENS AND OTHER CONTAGIOUS DISEASES, AND IN RARE INSTANCES POSSIBLE HEART ATTACK, PERMANENT PARALYSIS, STROKE, OR EVEN DEATH (THE “INHERENT RISKS”); 

 

(B) CG WORKOUTS MAY POSITIVELY OR NEGATIVELY AFFECT OR CHANGE YOUR HEALTH AND WELLNESS, AND (C) CG WORKOUTS ARE INTENDED ONLY FOR HEALTHY INDIVIDUALS). YOU ALSO REPRESENT AND WARRANT TO US THAT YOU (1) HAVE CONDUCTED A THOROUGH INVESTIGATION OF CG BOLD AND CG WORKOUTS; (2) HAVE CONSULTED WITH AN INDEPENDENT, LICENSED, MEDICAL PROFESSIONAL WHO IS FAMILIAR WITH YOUR MEDICAL HISTORY AND CONDITIONS REGARDING YOUR ABILITY TO PARTICIPATE IN CG BOLD OR CG WORKOUTS; AND (3) WILL NOT PARTICIPATE IN ANY CG WORKOUT IN A MANNER THAT MAY INJURE OR AFFECT THE SAFETY OF YOU OR OTHERS. YOU HEREBY FOREVER WAIVE ANY CLAIMS RELATED TO THE INHERENT RISKS ASSERTED AGAINST US OR OUR AFFILIATES, AGENTS, EMPLOYEES, VENDORS, INDEPENDENT CONTRACTORS, AND INDEPENDENT FRANCHISE OWNERS, WHETHER KNOWN OR UNKNOWN, WHETHER IN EXISTENCE NOW OR ARISING IN THE FUTURE, RELATING TO ANY PHYSICAL OR EMOTIONAL INJURY OR DAMAGES YOU MAY SUFFER AS A RESULT THE INHERENT RISKS ASSOCIATED WITH PARTICIPATING IN ANY ASPECT OF CG BOLD, CG WORKOUTS OR ANY OTHER CG SERVICES, WHETHER CONDUCTED IN-PERSON OR VIRTUALLY.

 

(C) YOU AGREE THAT YOUR PARTICIPATION IN OR ACCESS TO CG BOLD, CG WORKOUTS, OR ANY OTHER CG SERVICES, WHETHER IN-PERSON OR VIRTUALLY, IS DONE AT YOUR OWN RISK. THE RISK OF SERIOUS INJURY OR DEATH IS INHERENT IN CG WORKOUTS AND CANNOT BE ELIMINATED.

 

  1. Disclaimers and Limitations.

  1. General Disclaimer. CG BOLD, CG Workouts, and any other CG Services are provided to you on an “as is,” “where is,” “as available,” and “with all faults” basis. CG does not make, nor has CG made, any representations or warranties of any kind (whether direct or indirect, oral or written, or express or implied) to you with respect to CG BOLD and/or CG Workouts, including, but not limited to, the success, performance, functionality, reliability, or safety of the CG Workouts.

CG EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, ACCURACY, RELIABILITY, AND PERFORMANCE, AND ANY WARRANTIES ARISING FROM CONDUCT, COURSE OF DEALING, CUSTOM, AND USAGE IN TRADE WITH RESPECT TO THE CG WORKOUTS AND THE CG SERVICES. CG DOES NOT MAKE, NOR HAS CG MADE, ANY AFFIRMATION OF FACT OR PROMISE RELATING TO CG BOLD AND/OR CG WORKOUTS.

  1. Disclaimer About Third Parties. CG expressly disclaims any and all liability arising from or in connection with, and shall not be responsible for, any acts, errors, or omissions of any vendors or contractors who may operate or provide certain services in relation to CG BOLD, the CG Workouts, or any other CG Services. CG does not control and does not make any assurances to you or any other person or entity about your experiences with any other registrants of CG BOLD, the CG Workouts, the CG Services, or your experiences with any vendors or contractors who may operate or provide certain services in relation to CG BOLD, the CG Workouts, or any other CG Services. You acknowledge and agree that (i) CG has no responsibility or liability to you related to any information, communications, content made by, or any interactions you may have with any third parties; (ii) such third parties may not be skilled, abled, authorized, or reliable; and (iii) despite such knowledge, you are willing to voluntarily visit, access, and participate in CG BOLD, and the CG Workouts.

  2. Disclaimer About System Delays. You acknowledge and agree that Virtual CG Workouts and the CG Services may be subject to technological limitations, delays, and other problems inherent in the use of third-party communication networks that are outside of CG’s control.

CG EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR ANY DELAYS, FAILURES, LOSSES, INJURIES, LIABILITIES, OR DAMAGES ASSOCIATED WITH YOUR ACCESSING OF VIRTUAL CG WORKOUTS OR ANY OTHER VIRTUAL CG SERVICES THAT RESULT FROM ANY SYSTEM DELAYS, DOWNTIMES, INTERRUPTIONS, OR OTHER FAILURES OF OR PROBLEMS WITH THE VIRTUAL CG WORKOUTS OR OTHER VIRTUAL CG SERVICES THAT ARE OUTSIDE OF CG’S CONTROL, INCLUDING, BUT NOT LIMITED TO, SCHEDULED MAINTENANCE OR NETWORK FAILURE.

  1. 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 ANY CG LOCATIONS OR DURING YOUR PARTICIPATION IN CG BOLD OR CG WORKOUTS, INCLUDING, BUT NOT LIMITED TO, ANY BAGS, APPAREL, VEHICLES, OR THEIR CONTENTS.

  2. Disclaimer of Promotional Items. CG reserves the right to offer certain promotions, challenges, or contests during your access to CG Camp (the “Promotion(s)”). Promotions are limited to residents of the United States and promotional items will not be shipped outside the United States.

    1. CG reserves the right, at its sole discretion, to cancel, modify or terminate any Promotion 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 that corrupt or affect the administration, security, fairness, integrity or proper conduct of 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 the terms of this Agreement or the rules of any Promotion; or (C) acting in an unsportsmanlike or disruptive manner, or with intent to, abuse, threaten or harass any other person.

    2. If a Force Majeure Event occurs, CG will be excused from offering promotional items under any Promotion. For purposes of this Agreement, a “Force Majeure Event” means any event or circumstance, regardless of whether it was foreseeable, that was not caused by that party and that prevents CG from holding these promotions, including, but not limited to, any act of God, war, hostilities, invasion, acts of foreign enemies, mobilization, rebellion, revolution, military or usurped power, civil war, pandemics, epidemic, contamination, riot, strikes, lock-outs, acts or threats of terrorism.

    3. If you qualify for a promotional item, you must complete all steps prescribed to redeem and receive this item.

    4. CG EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY OR RESPONSIBILITY FOR ANY THIRD-PARTY ISSUES THAT MAY INTERRUPT OR DELAY YOUR RECEIPT OF THESE PROMOTIONAL ITEMS, INCLUDING, BUT NOT LIMITED TO, SUPPLY-CHAIN ISSUES, SHIPPING OR FREIGHT ISSUES, ETC.

  3. Consumer Protection Laws. The disclaimers and limitations set forth in this Agreement are not intended to limit liability or alter your rights as a consumer that cannot be limited or altered under applicable state or federal law. In the event there is a conflict between the terms of this Agreement and any applicable consumer protection law, the applicable consumer protection law shall govern and control, and CG will enforce the remaining terms of this Agreement to the fullest extent allowable under law.

    1. Oklahoma Residents:

      1. BUYER’S RIGHT TO CANCEL: If you wish to cancel this Agreement, you may cancel without penalty by making or delivering written notice to CG. The notice must state that you do not wish to be bound by the Agreement and must be delivered or mailed before midnight of the third business day after you sign this Agreement. The notice must be delivered or mailed to our Compliance Department at Camp Gladiator, Attention: Compliance Department, 9185 Research Blvd, Austin, TX 78758. You may also cancel this Agreement if CG moves or goes out of business and fails to provide alternative locations within eight (8) miles of the location designated as your primary location if you choose not to designate another location as your primary location. You may also cancel this Agreement if you become disabled; your estate may cancel in the event of your death. You must prove such disability by a doctor’s certificate, and CG may also require that you submit to a physical examination by a doctor agreeable to you and CG. If you cancel, CG may retain or collect a portion of the Agreement price equal to the proportionate value of the services or use of locations you have already received.

      2. NOTICE: ANY HOLDER OF THIS CONTRACT OR MEMBERSHIP AGREEMENT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.

 

  1. Links to Other Sites, Networks, Platforms, Servers, and Apps.

    1. Linked Technologies. CG BOLD, the CG Workouts, and the CG Services, including Virtual 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 and are provided to you as a convenience. Your decision to access any Linked Technologies is done at your own risk.

    2. Disclaimer About Linked Technologies. CG is not responsible for any malicious software, spyware programs, inaccurate information, and illegal content that may be found on the Linked Technologies. You acknowledge and agree that your decision to access any Linked Technologies is done at your own risk. CG shall not be responsible for any delays, failures, losses, injuries, liabilities, or damages associated with CG BOLD, the CG Workouts, or the CG Services that result from any system delays, downtimes, interruptions, or other failures of or problems with CG BOLD, the CG Workouts or the CG Services, which are outside of CG’s control (including, without limitation, scheduled maintenance, or network failure). CG’s use of the Linked Technologies does not constitute an affiliation with, association with, or endorsement of such Linked Technologies or any information, content, goods, services, promotions, advertisements, programs, codes, or other items which may be found on or excluded from such Linked Technologies.

    3. Use of Zoom Video Communications, Inc. By accessing, participating in, or using Virtual CG Workouts hosted on Zoom Video Communications, Inc. (“Zoom”) or other video-conferencing software, you are agreeing to accept and be bound by the terms and conditions of Zoom found at https://www.zoom.us/terms. If you do not agree to the Zoom terms and conditions you may not access or participate in CG BOLD, the CG Workouts or the CG Services provided under this Agreement.

 

  1. Devices and Carrier Fees. Certain portions of CG BOLD, including, but not limited to, Virtual CG Workouts and other CG Services, may be configured for computers, tablets, smartphones, and/or other electronic devices (the “Device(s)”), and held virtually. You are responsible for obtaining and updating your Device, software, operating system, carrier, and network access necessary to properly access and participate in CG BOLD. CG does not guarantee that CG BOLD or any virtual portions will function on or in connection with any particular Device, software, operating system, carrier, or network. If you access or participate in CG BOLD or a CG Workout through a particular Device, then you hereby acknowledge and agree that information about your use of CG BOLD or any other CG Services through that 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 access to or participation in CG BOLD or any other CG Services. 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.

 

  1. Consent and License to Use Your Name and Likeness. By registering for CG BOLD, CG Workouts, or any other CG Services, or by publishing on an online social media account that you own and link or otherwise associate with the CG Workouts or your User Account, you hereby consent to CG’s use of your name, photo, likeness or voice (collectively, with any social media postings, the “User Materials”) to promote or publicize CG BOLD, CG Workouts or any other CG Services, whether internally or externally, in any format whatsoever, including, but not limited to, photographs, audio, film, print media, television, and/or social media. You hereby assign and transfer to CG any ownership rights you may have to the User Materials. To the extent necessary under law, you hereby grant to CG an irrevocable, perpetual license to use the User Materials in any media or format without any compensation paid to you.

 

YOU HEREBY RELEASE CG FROM LIABILITY RELATING TO ITS USE OF ANY USER MATERIALS LICENSED OR ASSIGNED BY YOU IN ACCORDANCE WITH THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY CLAIM YOU MAY HAVE FOR PRIVACY, ALTERATION, DISTORTION, ROYALTIES, OR COMPENSATION, AND YOU FURTHER WAIVE ANY RIGHT YOU MAY HAVE TO INSPECT OR APPROVE ANY USER MATERIALS OR ANY FUTURE USE OF SUCH MATERIALS (INCLUDING DERIVATIVE WORKS) BY CG OR ITS AUTHORIZED AFFILIATES AND INDEPENDENT CONTRACTORS OR INDEPENDENT FRANCHISE OWNERS.

 

  1. CG Recordings. By participating in Virtual CG Workouts, you will see and hear and can elect to be heard and seen by, other users participating in Virtual CG Workouts. By electing to display your image and or audio during Virtual CG Workouts, you consent to the video and/or oral recording of you and anyone around you during Virtual CG Workouts. Further, you hereby consent to the photographing, filming, taping, recording, interviewing, and/or referencing of you by CG during your participation in or use of any Virtual CG Workouts. In addition, you hereby acknowledge and agree that CG is the exclusive owner of all rights, titles, and interests in and to all photographs, films, tapings, recordings, interviews, copyrights, and proceeds (collectively, the “Recorded Works”), if any, as “works made for hire.” If any of the foregoing is not a “work made for hire,” then you forever irrevocably transfer the same to CG.

 

  1. Express Consent to Receive Text Communications; Opt-in. You acknowledge and reaffirm your express consent to CG sending or otherwise communicating with you for any lawful purpose via any electronic means 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 email, by automatic telephone dialing system, by artificial or prerecorded voice, by online social media, or by text message. You further acknowledge that you are not required to reaffirm the foregoing consent as a condition for participating in CG BOLD and/or CG Workouts. You may opt out of any 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.

 

  1. Ownership; Limited License to Access CG Workouts. CG BOLD, the CG Workouts, and the CG Services, including Virtual CG Workouts, and all elements and derivatives thereof (including, but not limited to, 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. Subject to the terms and conditions of this Agreement, CG grants you a limited, non-exclusive, personal, freely revocable, non-transferable, and non-sublicensable license to access and use CG BOLD, the CG Workouts, or any CG Services during the term of this Agreement. 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. Nothing contained in this Agreement shall restrict or limit CG’s rights, titles, or interests in or to the CG Workouts, the User Materials, the Recorded Works, or any elements or derivatives of the foregoing, or shall be construed as a waiver or limitation of CG’s or its affiliates’ respective rights and remedies under applicable law.

 

  1. Additional Agreements and Policies. This Agreement supplements, and is incorporated by reference into the TERMS OF USE AND WAIVER (campgladiator.com/terms/) and applicable 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. 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 purchase of and participation in CG BOLD is subject to all rules and policies CG publishes from time to time without prior notice to you, and you agree to follow the same. 

 

  1. Add-On Services. This Agreement and the Standard Terms apply to any additional CG Services or product offerings (“Add-On Services”) that you may purchase from time to time. In certain instances, your consent (to us or to our independent contractors or independent franchise owners), whether by action, verbally, through electronic means, or otherwise in writing, to purchase available Add-On Services constitutes your acceptance to be bound by the terms of such Add-On Services, including, but not limited to, any additional increased BOLD Minimum term commitments, recurring payment obligations, and upon such acceptance, our mutual consent to amend this Agreement to incorporate the same.

 

  1. Services by Independent Contractors and/or Independent Franchise Owners. The services provided under this Agreement shall be performed and carried out by one or more independent contractors or independent franchise owners of CG or its affiliate companies. No part of this Agreement shall be construed or is intended to represent the creation of an employment, agency, partnership, or joint venture relationship between CG and any of its independent contractors or independent franchise owners who at all times are independent contractors of CG and its affiliate companies.

 

  1. 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, independent contractors, vendors, licensors, and independent franchise owners (the “CG Parties”) 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 or asserted against the CG Parties by any third parties, arising out of or in connection with (a) your acts, errors, or omissions, (b) your participation in the CG Workouts or use of the CG Services, (c) your violation of the rights of or other injury committed to any third party, or (d) your breach of all or any part of this Agreement.

 

  1. Law and Forum. This Agreement, the additional terms, conditions, and policies referenced herein (including, without limitation, the Campgladiator.com, CG mobile app terms, Standard Terms, and Privacy Policy), and all disputes, controversies, and claims relating to the foregoing, your access of or participation in CG BOLD, the CG Workouts, the CG Services, 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 and applicable federal law, 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 relating to this Agreement, CG BOLD, CG Workouts, the CG Services, your User Account and agree that neither is an inconvenient venue or forum.

 

  1. 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), (a) constitutes the entire agreement and understanding between you and CG with respect to the subject matter hereof; (b) supersedes any prior agreements and understandings, if any, between you and CG with respect to such subject matter; (c) cannot be modified except in a writing signed by both you and CG (or their respective successors, assigns, or transferees); and (d) 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.

 

  1. Effective Date. The Effective Date of this agreement is the date you register for CG BOLD.

 

  1. Last Modified. This standard CG BOLD Membership Agreement was last modified on September 17, 2021.


 

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