RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AND PARENTAL CONSENT AGREEMENT
IN CONSIDERATION of being permitted to participate in any way in the Energy Athletics facility activities ("Activity") I, for myself for personal representatives, assigns, heirs, and next of kin:
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.
AND I, THE MINOR’S PARENT AND/OR LEGAL GUARDIAN, UNDERSTAND THE NATURE OF ENERGY ATHLETICS ACTIVITIES AND THE MINOR’S EXPERIENCE AND CAPABILITIES AND BELIEVE THE MINOR TO BE QUALIFIED, IN GOOD HEALTH, AND IN PROPER PHYSICAL CONDITION TO PARTICIPATE IN SUCH ACTIVITY. I HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS EACH OF THE RELEASEE’S FROM ALL LIABILITY CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON THE MINOR’S ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE "RELEASEES" OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATION AND FURTHER AGREE THAT IF, DESPITE THIS RELEASE, I, THE MINOR, OR ANYONE ON THE MINOR’S BEHALF MAKES A CLAIM AGAINST ANY OF THE RELEASEES NAMED ABOVE, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS LIABILITY, DAMAGE, OR COST ANY MAY INCUR AS THE RESULT OF ANY SUCH CLAIM.
PAYMENT & CANCELLATION POLICY
I also understand that Energy Athletics does enforce a STRICT cancellation policy. You need to have at least 48-hours notification of cancellation on ANY service we offer to get a FULL REFUND CREDIT on any-and-all purchases and services associated with Energy Athletics. If you do not give over a 48-hour notice, 100% of your fees will be withheld for any-and-all services at full rate and your account WILL NOT be credited. You will be refunded completely if given over a 48-hour notice with a CREDIT to your Energy Athletics Member account. Energy Athletics has a strict, ZERO CASH refund policy, on ALL transactions. We accept zero returns for any of our products or services.
COLLECTION OF YOUR PERSONAL INFORMATION
When Energy Athletics and eSoft Planner collects any personal information on our website, we will express our need for the personal data at the point of collection. Personal information is any information that can be used to identify an individual, and may include, but is not limited to, name, email address, postal or other physical address, title, occupation, and other information required to provide a service, deliver a product, or carry out a transaction you have requested. Some of the reasons we collect your personal information include:
USES OF YOUR PERSONAL INFORMATION
We will only use your personal information in the way we specified when it was collected. We will not subsequently change the way your personal information is used without your consent. Some of the ways we may use your personal information include:
ACCESSING AND UPDATING YOUR PERSONAL ACCOUNT INFORMATION
We need your help in keeping the personal information you have shared with us accurate and up to date. Please notify us of any changes to your personal information. Our site allows you to make these updates yourself online via the user profile.
Subscriptions to some newsletters can be managed through the user profile. In addition, each email newsletter includes instructions on how you can unsubscribe from that particular-mailing.
NON-PERSONAL INFORMATION COLLECTION
We do not sell or rent your personal information to third-parties for marketing purposes unless you have granted us permission to do so.
SHARING YOUR PERSONAL INFORMATION
In some instances, Energy Athletics and eSoft Planner may collect non-personal (aggregate or demographic) data through cookies, web logs, and web beacons. This information is used to better understand and improve the usability, performance, and effectiveness of the eSoftplanner.com website and software.
We may share your personal information with authorized third-party agents or contractors in-order-to provide a requested service or transaction. For example, if we need to ship something to you, we must share your name and address with a shipping company. We only provide third-party agents with the minimum amount of personal information necessary to complete the requested service or transaction.
We may respond to subpoenas, court orders, or legal process by disclosing your personal information and other related information, if necessary. We also may choose to establish or exercise our legal rights or defend against legal claims.
We may customize websites or newsletters for certain users based on the information they previously provided or that was collected through eSoftplanner.com websites in-order-to enhance the overall web experience.
SECURITY OF YOUR PERSONAL INFORMATION
Energy Athletics and eSoft is committed to protecting the personal information you share with us. We utilize a combination of security technologies, procedures, and organizational measures to help protect your personal information from unauthorized access, use or disclosure.
When we transfer sensitive personal data (for example, credit card information) over the Internet, we protect it using Secure Sockets Layer (SSL) encryption technology. While we strive to protect your personal information, we cannot ensure the security of the information you transmit. We recommend you to-take every precaution in protecting your personal information when you are on the Internet. For example, change your passwords often, use a combination of letters and numbers when creating passwords, and make sure you use a secure browser.
Energy Athletics & Esoftplanner.com website and software utilize cookies, although you can still access most of them even if you choose to disable cookies in your browser. The eSoftplanner.com software will not allow you to complete certain activities if cookies are disabled. For example, our e-commerce uses session cookies and persistent cookies to process transactions. If you do not accept cookies, the associated transaction will not work and you will not be able to place an order.
We also include web beacons in HTML-formatted e-mail newsletters in-order-to count how many newsletters (or particular-articles, links, etc.) are being accessed.
Current versions of web browsers offer enhanced user controls regarding the placement and duration of both first and third party cookies. Search for "cookies" under your web browser's Help menu for more information on cookie management features available to you.
Energy Athletics and eSoft will not retain your personal information longer than is necessary to fulfill the purposes for which it was collected or as required by applicable laws or regulations.
Our websites may provide links to other third-party websites which are outside our control and not covered by this policy. We encourage you to review the privacy policies posted on these (and all) sites.