Facilities Use Agreement
THIS FACILITIES USE AGREEMENT (“Agreement”) is made and entered into as of the date signed below (“Effective Date”) between HYBRID ATHLETIC SCIENCE, INC. d/b/a VALR ENERGY (“VALR” or “Our”, “Us”, or “We”) and the User set forth below (“I” or “You”), together referred to as “Parties”. WHEREAS, We operate a private, “invite only” facility located at 12070 NW 40th St., Coral Springs, Florida 33065 (“Facility”) for the purpose of training, educating, and providing resources for elite, high-end athletes; WHEREAS, You have been specifically invited by Us to use Our Facility for the purpose of training, educating and/or networking with other athletes; WHEREAS, You understand that there are potential risks involved in elite, high-end training and agree to follow the rules and procedures set forth in this Agreement and posted throughout the Facility, to minimize those risks; WHEREAS, You also agree to bear the full risk of injury to Your person or property while utilizing Our Facility as further set forth in this Agreement; NOW THEREFORE, You agree to the following rules, regulations, guidelines as set forth while using Our facility:
1. Facility Use Rules and Regulations and Etiquette:
a. For safety reasons, clothing, bags and other equipment not used during exercise should be stored off the floor and away from any exercise area. We assume no responsibility for lost or stolen articles.
b. If You are under the influence of alcohol or drugs, You will be asked to leave the facility and Your invitation may be revoked.
c. Any unsafe conditions or damaged equipment should be reported to Us immediately, and any use after You have discovered the unsafe conditions and/or damages should be immediately discontinued until addressed and/or repaired. Your failure to cease use may result in injury or damage which the Facility is not responsible for.
d. Any guests that You are permitted to bring to the Facility are an extension and representative of You and as such all guests are expected to comply with rules, regulations, and safety instructions provided by Us – failure to do so may result in the guest being banned, as well as You being banned from the Facility.
e. Blocking or restriction of emergency exits is STRICTLY prohibited.
f. Use of tobacco products is not permitted at Our facility. The facility is a smoke-free environment.
g. For reasons of personal safety, You should not wear necklaces or other jewelry during any activity performed at the Facility. Additionally, You are required to wear appropriate athletic attire, such as T-shirts, shorts, warm-up suits, sweat suits, or aerobic clothing and to secure any head scarves worn for religious observance to avoid them being caught in any equipment moving parts.
h. Towels must be placed between the equipment pads and the guest wearing tank tops, sports bras, or full mesh T-shirts when using equipment at Our facility.
i. Guests are required to wear clean, scuff-resistant, non-marking soled, full-toed shoes while using Our facility. Turf shoes, cleats, sandals, flip flops, and bare feet are not allowed.
j. Weight plates, bars, and dumbbells should not be dropped, stood on, or leaned against the walls, pillars, equipment or mirrors.
k. Extreme caution must be used in lifting weights to avoid any potential injury. Top loading additional weights onto existing weight stacks is unsafe and prohibited.
l. RESPECTFUL BEHAVIOR: Treat fellow athletes, coaches, staff, and visitors with courtesy and respect at all times. Discriminatory, offensive, or harassing behavior will not be tolerated and may result in Your immediate dismissal and expulsion from the Facility.
m. CLEANLINESS: Maintain cleanliness and tidiness in all shared spaces, including locker rooms, training areas, and common areas.
n. CONFIDENTIALITY: Respect the privacy and confidentiality of fellow athletes, coaches, and staff. Avoid sharing sensitive or proprietary information without permission.
o. SAFETY: Prioritize safety at all times during training sessions and activities. Follow the instructions of coaches and staff regarding safety protocols and procedures.
p. INCLUSIVITY: Embrace diversity and inclusivity within our community. Avoid behavior or language that may exclude or marginalize others based on factors such as race, gender, sexual orientation, or ability.
q. COMPLIANCE: Familiarize yourself with and adhere to all facility rules, regulations, and policies outlined in this agreement and any supplementary documents provided.
All individuals are required to conduct themselves with the utmost professionalism, respect, and sportsmanship. Violation of any of these guidelines will result in Your invitation to use Our Facility being revoked. By agreeing to these terms, you acknowledge your commitment to upholding the highest standards of etiquette and conduct within Our facility.
2. Video Surveillance, Access, & Security
For the safety of Our invitees and staff, the Facility is under constant video surveillance. Our cameras record areas both inside and outside of the Facility, which is monitored. You understand and acknowledge that Your activity at the Facility will be recorded by our cameras. By entering and participating in the services offered at the Facility you expressly agree to be videoed and/or photographed. You also agree and consent to the use of Your image in any photos or videos taken while at the Facility which may be used for promotional and/or advertising purposes and agree to review and execute the Media Release Agreement provided in conjunction with this Agreement (“Media Release”).
You do not have any rights to the video footage and will not be provided access to same.
If You are provided with key fob access to Our Facility agrees that the use of such key fob access is for Your use only. No guests are permitted to attend with You without first being approved by Us and completion of all liability waivers of consent.
If You are invited to Our Facility as a trainer, Your client must also be approved access by Us prior to their being allowed access to Our Facility. Your client will be required to complete sign a Facilities Use Agreement, Liability Waiver, and Media Release. Additionally, We require that You maintain liability insurance prior to providing any training services at Our Facility. A current certified copy of this insurance policy must be provided to Us and expressly list VALR as an additional insured. You understand that your role as a trainer at Our facility does not create any employment relationship between You and Us.
3. Revocation
We reserve the right to refuse access to anyone and for any reason, including but not limited to: attire, intended nature of use, etc. Additionally, You may be removed at any time from the Facility for any reason deemed necessary at Our sole discretion.
4. Non-Disclosure
5. Non-Disparagement
You agree not to disparage VALR, its products, employees, contractors, business plans, or strategies in any manner, whether public or non-public. This includes refraining from making any negative, derogatory, or defamatory statements about the Facility, VALR or any of its affiliated entities, products, or individuals associated with Our Facility.
This non-disparagement clause shall remain in full force and effect during your use and/or involvement with Our Facility and shall survive the termination or expiration of the Agreement for any reason.
6. Harassment/Sexual Harassment
VALR and Our Facility are committed to providing a safe, respectful, and inclusive environment for all members. Harassment or sexual harassment of any kind is strictly prohibited and will not be tolerated under any circumstances. Harassment includes but is not limited to verbal, physical, or visual conduct that creates an intimidating, hostile, or offensive environment, or that interferes with an individual’s ability to participate in training activities.
- Harassment Defined: Harassment refers to unwelcome conduct, whether verbal, physical, or visual, that is based on a protected characteristic such as race, color, religion, national origin, age, disability, sex, sexual orientation, gender identity, or any other legally protected status. Harassment may include offensive jokes, slurs, epithets, or other verbal or physical conduct that creates an intimidating, hostile, or offensive environment.
- Sexual Harassment Defined: Sexual harassment refers to unwelcome conduct of a sexual nature, including advances, requests for sexual favors, or other verbal, non-verbal, or physical conduct of a sexual nature. Sexual harassment can occur between individuals of the same or different genders and may include unwanted touching, sexual advances, comments of a sexual nature, or other conduct that creates a hostile or offensive environment.
- Reporting Procedures: If You experience or witness harassment or sexual harassment within our facility, You are instructed to report it immediately to a coach, staff member, or management or any agent/employee of VALR.
- Investigation and Resolution: Upon receiving a report of harassment or sexual harassment, Our Facility will promptly and thoroughly investigate the matter in a fair and impartial manner. Investigations will be conducted with sensitivity and confidentiality to the extent possible. If the complaint of harassment or sexual harassment is substantiated, appropriate corrective action will be taken, up to and including termination of privileges to Our Facility or involvement of law enforcement authorities, as necessary.
- Protection Against Retaliation: Our Facility prohibits retaliation against any individual who reports harassment or participates in an investigation of harassment. Retaliation against individuals for reporting harassment or participating in an investigation is a violation of our policies and will result in disciplinary action.
By agreeing to these terms, You acknowledge Your understanding of Our Facility’s commitment to preventing and addressing harassment and sexual harassment, and You agree to abide by these policies and procedures.
6. Waiver of Liability for Harassment or Sexual Harassment: You acknowledge and expressly agree that We cannot guarantee the actions or conduct of individual trainers or members. Therefore, You hereby waive any claims or liabilities against the Facility, VALR, its affiliates, officers, directors, employees, and agents arising from any allegations or substantiated incidents of harassment or sexual harassment perpetrated by trainers or members of Our Facility. This waiver includes, but is not limited to, any claims for damages, losses, injuries, or other harm resulting from such conduct. You understand and accept that your use of Our Facility is at your own risk, and you agree to hold VALR harmless from any claims related to harassment or sexual harassment by trainers or members of Our Facility.
7. Disclaimers: The information and content provided by Us or any trainer at Our Facility are for informational purposes only and are not intended as professional or medical advice. Always consult with a healthcare provider before starting any diet, exercise, or wellness program. We are not responsible for any health issues that may arise from Your use of any information or regimes provided by any parties at Our Facility.
8. Facility as a Production Studio: Our Facility is a production studio in combination with a performance center. You acknowledge that all walls and displays are products and for digital content creation. You, at all times, will refrain from touching any of the walls or digital displays, laying products against any of the walls or displays, slamming anything against the floors and/ or wall displays.
You expressly agree that failure to abide by the foregoing which causes damage to any of the walls, fabrics, or digital displays will result in You paying for all repairs necessary based on the damages or replacement at the fair market value of the wall, digital display or any other product. .
LIABILITY RELEASE AND WAIVER AND INDEMNIFICATION AGREEMENT
I, the undersigned, voluntarily and of my own free will, being 18 years or older, do hereby agree to the following for myself and for any underage individual who I am a guardian for:
- I understand that there are certain inherent risks of damages and injuries, including death, inherent to the participation in sports and/or athletic training and the use of HYBRID ATHLETIC SCIENCE, INC., d/b/a VALR ENERGY (“VALR”) or PARAMOUNT VISUALS COMPANY, INC. (“PARAMOUNT”) (Collectively “Our”, “Us”, or “We”) facilities and equipment located at 12070 NW 40th Street, Coral Springs, FL, hereinafter referred to as the “Facilities”. I expressly assume all risk or injury or death that may be sustained during my use of the Facilities and equipment, including the negligence of others and my own negligence or misuse.
- I understand that the very nature of the competitive athletic training is hazardous and risky, including, but not limited to, the acts of strength and CrossFit training, gymnastics, mixed marital arts, circuit training, endurance and cardio training, boxing sparring, Jiujitsu, wrestling, powerlifting and all forms of rope climbing, all of which can cause serious injury or death to me and to other participants.
- Further, I understand accept all of the inherent risks, including but not limited to any injuries related to rope climbing and any injuries related to falls from heights regardless of whether there is fall protection or not.
- By signing this waiver, I fully acknowledge that I have been instructed that use of fall protection equipment (matting, etc.) is strongly encouraged by the Facilities and it is my responsibility to assemble adequate padding and fall protection methods prior to climbing any and all ropes or structures at the Facilities.
- I understand and acknowledge that proper fall protection equipment will be provided to me by the Facilities, and it is my decision whether to use the fall protection made available to me.
In being permitted to use the Facilities, services, and equipment at the Facilities, I agree to hereby waive, release, discharge any and all claims against VALR and PARAMOUNT. as well as their affiliates, subsidiaries, assigns, officers, directors, agents, and employees from all claims and liability, damages, costs including attorneys fees, or cause of action which I may have in the future as a result of any damages and injuries, sustained or incurred by me from whatever cause including, but not limited to, the negligence, breach of contract or wrongful conduct of the parties hereby released.
My participation at the Facilities is voluntary and I assume all risk of injury or contraction of any illness or medical condition that may result, or the aggravation of any pre-existing medical condition I may have, or any damage, loss or theft of any personal property resulting or arising out of my participation at the Facilities. I hereby, on behalf of myself, personal representatives, heirs, executors, administrators, agents and assigns, forever release and discharge VALR and PARAMOUNT and their affiliates/and their respective affiliates, employees, agents, representatives, successors, and assigns from any and all claims or causes of action (known or unknown) that I may now have or will have in the future arising out of or related to my participation at the Facilities or the services provided to me. This waiver and release of liability includes, but is not limited to, injuries that result from (a) use of any exercise equipment located at the Facilities, whether provided by VALR or PARAMOUNT another member, or you, (b) use of any exercise equipment which may malfunction at the Facilities, (c) any injuries which occur because of slipping and falling while using or being near equipment or using the Facilities, and (d) injuries which may occur at the Facilities but are unrelated to equipment use, including but not limited to personal items or furniture at the Facilities whether placed there by VALR, PARAMOUNT their employees or workers, volunteers, any guest or visitor at the Facilities, or you or failure to maintain the Facilities.
I understand the risks associated with strenuous activity and exercises. I understand and agree that any information or instructions provided are not a substitute for professional medical advice, diagnosis, or treatment. Further, I understand and agree that it is my responsibility to seek a consultation with a healthcare provider prior to engaging in activities or training at the Facilities.
Nothing in this release shall be construed or interpreted as waiving any gross negligent or willful or wanton behavior on behalf of VALR or PARAMOUNT.
Media Consent Release
I, hereby give permission for HYBRID ATHLETIC SCIENCES, INC., d/b/a VALR ENERGY (“VALR”) or PARAMOUNT VISUALS COMPANY, INC. (“PARAMOUNT”) (Collectively “Us” or “We”) to use any photographs, images, videos, or other media content captured of me, while present in their facility located at 12070 NW 40th Street, Coral Springs, FL (the “Facilities”), in their marketing content. These materials may include, but are not limited to, brochures, paper or digital publications, social media platforms, and/or the VALR or PARAMOUNT website.
I waive any right that I may have to inspect or approve of the finished product or products or the advertising copy that may be used in the marketing content in which my likeness appears. I release VALR and PARAMOUNT from any and all claims that may arise out of or in connection with my participation in the recording, production, publication, use and/or re-use of the marketing content.
I further waive all rights that I may have to any claims for compensation related to the use of any such marketing content.
I acknowledge (a) that I have read (or have had read to me) each and every one of the provisions in this waiver, release of liability and indemnification agreement, (b) that I understand each of the provisions in this agreement and (c) that I agree to abide by them.
