TERMS

TERMS OF SERVICE AND USE, ASSUMPTION OF RISK,

WAIVER OF LIABILITY, AND INDEMNIFICATION AGREEMENT

 

IMPORTANT - PLEASE READ CAREFULLY: 

 

Your use of the PowerPoleSports.com website, Power Pole Sports pre-recorded video tutorials, Power Pole Sports Live Online Lessons, and Power Pole Sports, LLC services, activities, choreography, and training, both IN-PERSON and ONLINE, as well as any associated software is conditioned upon your compliance and acceptance of the following terms:

BY USING THIS WEBSITE SERVICE AND/OR ANY LESSON, TRAINING, CHOREOGRAPHY, OR ACTIVITY, LIVE, ONLINE, IN-PERSON, OR OTHERWISE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. 

Your Terms of Service and Use, Assumption of Risk, Waiver of Liability, and Indemnification Agreement are with Power Pole Sports, LLC and Instructor, Kriston Leagh Burnstein. Power Pole Sports, LLC (owner of PowerPoleSports.com) is, in part, a web-based video conferencing business that provides users with an opportunity to connect with Pole Sports Instructor, Kriston Leagh Burnstein, for pre-recorded, as well as Live Online Pole Sports lessons. Power Pole Sports, LLC and Kriston Leagh Burnstein also offer In-Person Private Lessons, Training, and other activities, for which this Terms of Service and Use, Assumption of Risk, Waiver of Liability, and Indemnification Agreement will also pertain.

 

Activity Information for the User: 

 

Participating in any form of physical fitness produces many benefits for the user – sense of accomplishment, joy, motivation, excitement, more attractive appearance, weight loss, firming up of muscles, gains of strength and energy, greater enjoyment of life, and numerous health benefits. PowerPoleSports.com feels that it is important that all users clearly understand that all kinds of physical activity, by their very nature, carry with them certain risks of injury that cannot be eliminated regardless of the care taken to avoid injuries. These risks are called inherent risks.

 

Regardless of the care taken by PowerPoleSports.com and by the instructor, accidents and injuries can occur through no fault of the user and no fault of PowerPoleSports.com or the instructor. PowerPoleSports.com feels that it is important for you to know both the benefits and the risks so that you can make an informed decision regarding your participation in such activities.

 

Pole Sports generally involves elements of calisthenics, gymnastics, acrobatics, pole dance, and flexibility training. Even at beginner skill levels, overdoing any exercise, or executing improper form, can result in an injury.  Injuries during physical activity at any level can be a result of any number of inherent risks, including such factors as 1) excess stress during exercise, 2) inadvertent user inattention, 3) unexpected equipment failure, 4) inadvertent instructor error, 5) user misinterpreting instructor directions, and 6) misjudgments of user ability by the user or instructor.

 

At any skill level, but especially as skill levels increase, Pole Sports can be an extremely dangerous activity, and this activity can result in injury to the user. It is important that the user is fully aware of the risks inherent in engaging in Pole Sports, no matter how careful the user and instructor, no matter what safety equipment issued, the risk cannot be eliminated. Risk can be reduced but never eliminated. The risk of injury includes minor injuries such as bruises, and more serious injuries such as broken bones, dislocations, and muscle pulls. The risks can also include catastrophic injuries such as permanent paralysis or death. These can occur from landings or falls on the back, neck, or head and other such occurrences. The user voluntarily assumes all risk of loss, damage, or injury while participating in a PowerPoleSports.com lesson or any practice thereof. 

 

The user further acknowledges that there are various degrees of skill and experience required for the different activities and the user will abide by the rules and procedures for the various activities, and the user will follow instructions of the instructor. Failure to follow rules and instructions from the instructor may result in termination of participation in activities.

 

If you have questions regarding the risks of these, or any other activities available through Power Pole Sports, LLC or PowerPoleSports.com, please consult with a Power Pole Sports, LLC/PowerPoleSports.com representative or with your Power Pole Sports Instructor. We can easily be reached at coach@powerpolesports.com or via our Contact Page at www.PowerPoleSport.com.

 

Assumption of Inherent Risks with regard to any and all services, training, and activities provided by Power Pole Sports, LLC and PowerPoleSports.com, including, but not limited to, Live Online Lessons, Pre-Recorded Lessons, and In-Person Lessons:

 

I, the ADULT USER [OR MINOR USER AND PARENT(S) OR GUARDIAN(S)], understand that the inherent risks of physical activity vary with the activity, the muscle group involved, the activity area, and with the equipment used. I recognize that some activities involve very little risk of injury and other activities involve significant or tremendous risk of injury. I also recognize that the risk of injury increases with age and with lack of fitness. Risk of injury also increases with skill level. Injury risks are often divided into three categories.

 

1. Common minor injuries are to be expected occasionally in most types of physical activity. A few examples of these injuries include, but are not limited to, minor muscle strains, muscle sprains, bruises, abrasions, and post-exercise muscle soreness.

 

2. The frequency of serious injuries varies with the activity and increases as skill level increases and in vigorous activities involving significant physical stress or contact with other participants. Some examples of serious injuries include, but are not limited to, joint injuries, torn muscles, heat-related illnesses, broken bones, ACL injuries, and back injuries.

 

3. The final type is the risk of catastrophic injury, and in any activity might include such incidents as stroke, heart attack, paralysis, or death. If you are unsure of your health or your ability, we urge all users, to consult with their personal physician before undertaking an activity program.

 

MOST IMPORTANTLY, I hereby acknowledge and represent that I am aware of the SPECIFIC DANGEROUS NATURE OF POLE SPORTS (which encompasses Calisthenics, Gymnastics, Acrobatics, Pole Dance, Dance, Exercise, and extreme Flexibility Training among other things), AND THAT I UNDERSTAND THAT THE SPECIFIC DANGERS ASSOCIATED WITH POLE SPORTS involve the risk of SERIOUS BODILY INJURY TO THE ADULT USER [OR MINOR USER] , INCLUDING, BUT NOT LIMITED TO, TEMPORARY DISABILITY, PERMANENT DISABILITY, PARALYSIS AND/OR DEATH, all of which may be caused by my, or the Minor User's, own actions or inactions, the actions or inactions of others participating in the Pole Sports lesson, the conditions under which the lesson takes place, or the negligence of the executor of this agreement. Further, I am aware of and understand that there may be other risks known to and understood by me that are associated with Pole Sports, which are not readily foreseeable at this time and which may cause SERIOUS BODILY INJURY TO THE MINOR, INCLUDING, BUT NOT LIMITED TO, TEMPORARY DISABILITY, PERMANENT DISABILITY, PARALYSIS AND DEATH due to my, or the Minor User's participation in Pole Sports; and, on behalf of myself and the Minor User, I fully accept and assume all such risks and all responsibility for losses, cost, expenses and damages incur on my or the Minor User's account or behalf as a result of my, or the Minor User's, participation in Pole Sports.

 

Further, I am aware of my, or the Minor User's, experience and capabilities, and hereby acknowledge and represent that I, or the Minor User, am/is qualified, in good health, and in proper physical condition to participate in Pole Sports. I am voluntarily exposing myself, or the Minor User, to the general danger inherent in Pole Sports and to the dangers associated with the specific nature of this activity, and I understand that my, or the Minor User's, participation in Pole Sports exposes me, or the Minor User, to the general dangers inherent to Pole Sports and exposes me, or the Minor User, to the dangers associated with the specific nature of Pole Sports. I further acknowledge that if I believe conditions are unsafe for me, of the Minor User, to participate in any Pole Sports activity, I will immediately discontinue my, or the Minor's, participation in that Pole Sports activity.

 

Further, if necessary, I have asked questions about and received answers regarding Pole Sports so that I know about the general dangers inherent in Pole Sports, as well as the specific nature of Pole Sports so that I understand the general dangers inherent in Pole Sports and those associated with its specific dangerous nature.

 

I, the ADULT USER [OR MINOR USER AND PARENT(S) OR GUARDIAN(S)], have read the previous paragraphs and I know and understand the nature of the activities available through Power Pole Sports, LLC and PowerPoleSports.com; I understand the demands of those activities relative to my physical condition and skill level; and I appreciate the types of injuries that may occur as a result of activities available through Power Pole Sports, LLC and PowerPoleSports.com and their potential impact on my well-being and lifestyle. I, the ADULT USER [OR MINOR USER AND PARENT(S) OR GUARDIAN(S)], hereby assert that the participation of the user is voluntary and that I, the ADULT USER [OR MINOR USER AND PARENT(S) OR GUARDIAN(S)], knowingly assume all inherent risks.

 

Waiver of Liability for Ordinary Negligence:

 

In consideration of permission to use any and all services, training, and activities provided by Power Pole Sports, LLC and PowerPoleSports.com, including but not limited to, Power Pole Sports, LLC and PowerPoleSports.com’s video conferencing services, Live Online Lessons, Pre-Recorded Lessons, In-Person Lessons, Training, and Activities, and to participate in and any and all Power Pole Sports, LLC and PowerPoleSports.com activities today and on all future dates, I, the ADULT USER [OR MINOR USER AND PARENT(S) OR GUARDIAN(S)], (on behalf of myself, my heirs, personal representatives, and assigns) do hereby release, waive, and discharge Power Pole Sports, LLC, the corporate entity, its owners, directors, officers, employees, and the activity instructor from liability from any and all claims arising from the inherent risks of the activity or the ordinary negligence of Power Pole Sports, LLC and/or PowerPoleSports.com or the forenamed parties. This agreement applies to personal injury (including death) from incidents or illnesses arising from participation in any and all Power Pole Sports, LLC and/or PowerPoleSports.com activities (including, but not limited to, online Pole Sports lessons, pre-recorded lessons, in-person lessons, choreography lessons, competition lessons, training, activities, field trips, consultations and demonstrations).

 

Indemnification:

 

I, the ADULT USER [OR PARENT(S) OR GUARDIAN(S) of the Minor User] agree to hold harmless, defend, reimburse, and indemnify Power Pole Sports, LLC and the activity instructor (that is, defend and pay any judgment and costs, including investigation costs and attorney’s fees) from any and all claims of mine, my spouse, heirs, personal representatives, or assigns arising from any injury or loss due to my participation at or with Power Pole Sports, LLC and PowerPoleSports.com.

 

I, the ADULT USER [OR PARENT(S) OR GUARDIAN(S) of the Minor User] further agree to hold harmless, defend, and indemnify Power Pole Sports, LLC and the activity instructor (that is, defend and pay any judgment and costs, including investigation costs and attorney’s fees) against any and all claims of co-participants, rescuers, and others arising from their conduct in the course of my participation with Power Pole Sports, LLC and/or PowerPoleSports.com.

 

Covenant Not To Sue: 

 

I, the ADULT USER [OR MINOR USER AND PARENT(S) OR GUARDIAN(S)], covenant not to sue PowerPoleSports.com, the corporate entity, its owners, directors, officers, employees, or my activity instructor for any present or future claim I might have. This includes claims resulting from 1) the inherent risks of a Power Pole Sports, LLC and/or PowerPoleSports.com activity and 2) the ordinary negligence of Power Pole Sports, LLC and/or PowerPoleSports.com or the forenamed parties.

 

Integration Clause:

 

I, the ADULT USER [OR MINOR USER AND PARENT(S) OR GUARDIAN(S)], affirm that this agreement supersedes any and all previous oral or written promises or agreements. I understand that this is the entire agreement between Power Pole Sports, LLC and me and cannot be modified or changed in any way by representations or statements by any activity instructor or employee of Power Pole Sports, LLC or PowerPoleSports.com.

 

Mediation and Arbitration:

 

I, the ADULT USER [OR MINOR USER AND PARENT(S) OR GUARDIAN(S)], agree that in lieu of litigation, I will engage in good faith efforts to mediate any dispute that might arise. Any agreement reached will be formalized by a written contractual agreement at that time. Should the issue not be resolved by mediation, I agree that all disputes, controversies, or claims arising out of my participation with Power Pole Sports, LLC or at PowerPoleSports.com shall be submitted to binding arbitration in accordance with the applicable rules of the American Arbitration Association then in effect. These mediation and arbitration efforts must take place in Broward County, Florida.

 

Severability:

 

I, the ADULT USER [OR MINOR USER AND PARENT(S) OR GUARDIAN(S)], further expressly agree that the foregoing Terms of Service and Use, Assumption of Risk, Waiver of Liability, and Indemnification Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Florida and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

 

Venue:

 

I, the ADULT USER [OR MINOR USER AND PARENT(S) OR GUARDIAN(S)], understand that if legal action is brought against Power Pole Sports, LLC, the appropriate trial court for the county of Broward in the State of Florida has the sole and exclusive jurisdiction and that only the substantive laws of the State of Florida shall apply.

 

Acknowledgements To Insure User Safety:

 

I, the ADULT USER [OR MINOR USER AND PARENT(S) OR GUARDIAN(S)], state the following:

 

I acknowledge that Power Pole Sports, LLC recommends and encourages that I get medical clearance from my personal physician prior to participation in a physical activity. I assert that I have no known health condition that would contra-indicate my participation with Power Pole Sports, LLC or in a PowerPoleSports.com activity.

 

I agree that, for my safety, it is my duty to use and keep my webcam on throughout class activity and to cease activity and notify the instructor if my monitor malfunctions.

 

I acknowledge that the instructor will conduct the activity in good faith and may find it necessary to terminate my participation in an activity if the instructor judges me incapable of safely meeting the rigors of the activity. I accept your right to take such actions to help insure my safety.

 

I assert that I possess a sufficient level of physical fitness, skill, and experience to enable me to participate safely in the selected activity offered by Power Pole Sports, LLC or PowerPoleSports.com.

 

I assert that I am responsible for my own Pole Sports equipment including the Pole itself and an appropriate and proper crash mat. I am aware that I should always use the thickest, Pole-specific, crash mat possible while training. My crash mat is my choice alone. If I do not use a crash mat, that is also my choice alone, however I have been advised by Power Pole Sports, LLC to always use an appropriate crash mat as described above. I further assert that I am responsible for the removal of any hazards surrounding my own Pole and equipment. 

 

I authorize the instructor to secure emergency medical care or transportation (i.e., EMS) for me when deemed necessary by the instructor.

 

I agree to assume all costs of emergency medical care and transportation.

 

I acknowledge that it is my duty to inform the instructor and cease exercise and/or participation immediately if I should feel any unusual discomfort (e.g., faintness, shortness of breath, high anxiety, and chest pains) during activity.

 

Acknowledgment of Understanding:

 

I, the ADULT USER [OR MINOR USER AND PARENT(S) OR GUARDIAN(S)], have read this Terms of Service and Use, Assumption of Risk, Waiver of Liability, Covenant not to Sue, and Indemnification Agreement and fully understand its terms. I understand that I am giving up substantial rights, including my right to sue. I further acknowledge that by creating an account with PowerPoleSports.com and/or participating in Power Pole Sports, LLC activities, lessons, training, consultations, field trips, etc, I am defacto electronically signing the agreement freely and voluntarily, and intend my electronic signature to be a complete and unconditional release of all liability due to ordinary negligence by Power Pole Sports, LLC (corporate entity, owners, directors, officers, employees, independent contractors, or the activity instructor) or the inherent risks of the activity, to the greatest extent allowed by law in the State of Florida.

 

CANCELLATION POLICY

CANCELLATION POLICY: If you find it necessary to cancel your group class, private or semi-private class or lesson, online lesson, consultation, or any training, you must notify us at least 24 hours in advance at 954-866-1881 or via email at coach@powerpolesports.com. If you notify us of your cancellation at least 24 hours in advance, you may reschedule that group class, private or semi-private class, lesson, online lesson, consultation, or training for a future date. If you fail to notify us at least 24 hours in advance, you will lose your group, private or semi-private class, lesson, online lesson, consultation, or training and you will lose your payment. There are no refunds for late cancellations. And there are no exceptions to this policy. No shows (when you are signed up for a class or lesson but do not cancel at least 24 hours in advance and do not show up) are the same as not canceling at least 24 hours in advance and are therefore treated the same as a late cancellation and you lose that class or lesson from your  package. There are no refunds for late cancellations or no shows. And there are no exceptions to this policy. Your coach has set aside your scheduled time specifically for you and/or saved a limited space especially for you in class. If you need to cancel, please notify us at least 24 hours in advance to easily reschedule as the alternative is that you will lose your group class, private or semi-private class or lesson, online lesson, consultation, or training as well as your payment.

There are no refunds of group classes, private lessons, semi-private lessons, choreography, or online services.  

 

TRAINCATION POLICIES: Traincations must be purchased and dates booked at least one month in advance.

 

Traincation Cancellation Policy: In case of cancellation, you may reschedule your Traincation up to 7 days before the start of your scheduled Trainacation at no extra charge, however, if you choose not to reschedule, the following terms apply:

 

If you cancel up to 21 days before your first scheduled Traincation lesson, you will be refunded 75% of your payment, or you may hold your full payment on account and reschedule your Traincation for no extra charge.

 

If you cancel up to 14 days before your first scheduled Traincation lesson, you will be refunded 50% of your payment, or you may hold your full payment on account and reschedule your Traincation for no extra charge.

 

If you cancel up to 7 days before your first scheduled Traincation lesson, you will be refunded 25% of your payment, or you may hold your full payment on account and reschedule your Traincation for no extra charge.

 

If you cancel less than 7 days before your first scheduled Traincation lesson, no part of your Traincation is refundable.

 

Normal 24 hour late cancellation and no show policies are also applicable to your individual training days once your Traincation has begun.  

Any applicable Traincation refund will be refunded directly back to your original method of payment, or you may hold your full payment on account and reschedule your Traincation for no extra charge up to 7 days before your Traincation.

Photography fees are fully refundable on account only up until 7 days before your Traincation begins, after which 50% is refundable on account only. 

If you have any questions whatsoever, please feel free to contact us at info@powerpolesports.com prior to booking your Traincation and we will be happy to assist you.

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