ZIN™ Jam Liability Waiver and Release
In order to participate in a Virtual ZIN Jam Session, you must agree and therefore electronically 'sign' this liability waiver below.
You hereby acknowledge and fully understand the potential dangers incidental to engaging in dance, fitness, and exercise activities, including Zumba® Jam Sessions that take place through Zoom (the “Session”), and that such activities require physical effort and exertion. You further acknowledge and agree that (i) You are over the age of 18 or am under the age of 18 with consent from a parent or guardian; (ii) You are responsible for consulting your physician or other health care provider prior to enrolling and participating in a Session to determine whether participating in a Session is appropriate for you; (iii) You will not enroll in or participate in Sessions if your physician or health care provider advises against it; and (iv) if you experience faintness, dizziness, pain or shortness of breath at any time during a Session that you will stop immediately and contact your physician or health care provider
You acknowledge and understand that your participation in a Session could result in your exposure to bodily injury, illness, loss or death, as well as property losses and/or damage to property. For and in consideration of Carlos Diaz permitting me to locate and enroll in Jam Sessions through Zumba.com and/or ClubCarlos.com website and/or mobile application, and the Zumba® Jammer teaching such Sessions (the “Jammer”) permitting me to enroll and participate in the Session, and in recognition of the possible dangers to which you voluntarily subject yourself by participating in the Sessions and related activities, YOU HEREBY AGREE AS FOLLOWS:
- You hereby voluntarily for yourself, my spouse, assignees, heirs, guardians or personal representatives, from the date of entry into this Liability Waiver and Release, hold ClubCarlos.com, Carlos Diaz, and the Jammer teaching the Session you 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 your participation in the Session, unless caused by the negligence of ClubCarlos.com or the Instructor, their agents, employees, officers, directors, spouses, assignees, heirs, guardians or personal representatives.
- In the event you are injured, you voluntarily agree to assume any financial obligation, either through personal health insurance, or through some other means, for any medical costs which you incur and ClubCarlos.com, Carlos Diaz, and the Jammer teaching the Session 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 Session, unless caused by the negligence of ClubCarlos.com, Carlos Diaz, and the Jammer, their agents, employees, officers, directors, spouses, assignees, heirs, guardians or personal representatives.
- You hereby voluntarily assume all risk of damage or loss to your property while participating in the Session and relieve ClubCarlos.com, Carlos Diaz, and the Jammer teaching the Session from liability for any and all property damage or loss, unless caused by the negligence of ClubCarlos.com, Carlos Diaz, and the Jammer, their agents, employees, officers, directors, spouses, assignees, heirs, guardians or personal representatives.
You acknowledge and agree that by registering for and/or joining a Session, 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 CLUBCARLOS.COM WEBSITE, MOBILE APPLICATION, OR SERVICES OFFERED BY CLUBCARLOS.COM. 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.