Terms and Conditions
The Work4It® app is a mobile application that integrates with the inherent technology resident on smart phones to enable the user to visualize rewards earned. This is accomplished by representing the user’s movement in the form of the user selected reward. The Work4It® app does not present any risk to users beyond those incurred by the normal risks associated with carrying your smart phone or having it on one’s person for purposes such as listening to music while performing activities, fitness or otherwise.
By agreeing to these Terms and Conditions you are waiving certain legal rights and are completely releasing certain potential claims. Please read this carefully.
Consideration for Waiving Liability. In consideration for the use of the Work4It® app (hereinafter referred to as “Work4It®”) and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, by agreeing to the Agreement, I, for myself, my heirs, executors, next of kin, successors in interest, guardians, legal representatives, assigns, and administrators, agree as follows:
1. Representation as to Physical Condition. I have consulted with a qualified physician about my desired participation in Work4It®, and will adhere to the guidelines that my doctor recommends; I am physically able to participate in Work4It®; I do not suffer from ANY health condition which may be aggravated by participating in Work4It®, including but not limited to heart conditions, high blood pressure, back, neck, or other skeletal muscular, respiratory, or circulatory problems.
2. Representation as to Legal Age. I agree and acknowledge that, if I chose to consume any earned rewards, I am of legal age to consume the rewards earned through my participation in Work4It®, including but not limited to rewards related to the consumption of alcohol. I further acknowledge that Work4It® does not condone underage drinking, the consumption of alcohol in excess, or the consumption of alcohol in conjunction with the operation of any motorized vehicle.
3. Dangerous Activity. I agree and acknowledge that participating in Work4It® in order to accrue rewards may involve danger and risk, that the risk of injury from such participation is significant, that exercise can be unpredictable, including, but not limited to, the risk of property damage, serious personal injury, paralysis, rhabdomyolysis, musculoskeletal injuries, cardiovascular injuries, cardiovascular trauma, injury to my fetus (if pregnant), neurological impairment, heart attack, stroke, and even death, injury or death due to negligence on the part of myself or other people around me, and injury or death due to improper use or failure of equipment. I also understand that the use of alcohol and/or drugs may increase or exacerbate these risks and dangers. I understand and agree that neither my actions, nor the actions of any other person, can necessarily be controlled, and that my safety and health cannot be guaranteed while participating in Work4It® and related activities.
4. Assumption of Risk. Understanding, acknowledging and agreeing to all the risks and hazards involved with participating in Work4It®, I freely and voluntarily choose to participate in Work4It®, and I HEREBY VOLUNTARILY AND EXPRESSLY AGREE TO ACCEPT AND ASSUME ALL RISK OF LOSS, DAMAGES, THEFT, WEIGHT GAIN, INJURY, OR DEATH THAT MAY OCCUR TO ME OR MY PROPERTY AS A RESULT OF OR INCIDENT TO MY PARTICIPATION IN WORK4IT®, INCLUDING THE RISK I MAY BE INJURED BY THE ACTIONS OR NEGLIGENCE OF THE RELEASED PARTIES, OTHER PARTICIPANTS OR THIRD PARTIES WHILE PARTICIPATING IN WORK4IT®. I understand and agree that by agreeing to the Agreement, I am assuming full responsibility for any and all risk of death, serious personal injury, temporary or permanent disability, or property loss and/or damage suffered by me or my property in connection with Work4It®. I understand and agree that the Agreement will be binding on me, my spouse (or registered domestic partner), my guardians, the executors or administrators of my estate, my heirs, my personal representatives, my assigns, my successors in interest, my children, and any guardian ad litem of said children. I accept full and complete responsibility for the safety of myself, and other individuals who I have invited to Work4It®, and I assume the risk of damage, theft, loss or injury caused by others to me and my property.
5. Liability Release and Waiver of Claims. In consideration of the purchase of the Work4It® app, I HEREBY WAIVE, RELEASE AND FOREVER DISCHARGE ANY AND ALL CLAIMS OR CAUSES OF ACTION, NOT KNOWN OR HEREAFTER KNOWN IN ANY JURISDICTION THROUGHOUT THE WORLD, AGAINST THE RELEASED PARTIES, INCLUDING, WITHOUT LIMITATION, ANY BODILY INJURY OR DISABILITY, ILLNESS OR DISEASE, ACCIDENT, DEATH, FINANCIAL LOSS, PROPERTY LOSS, DAMAGE, DESTRUCTION, DELAY, INCONVENIENCE OR OTHER HARM OF WHATEVER NATURE THAT MAY BE DIRECTLY OR INDIRECTLY RELATED TO, ARISING FROM OR SUSTAINED FROM PARTICIPATION IN WORK4IT® OR ACTIVITIES RELATED THERETO, NEGLIGENT FIRST AID OR EMERGENCY RESPONSE OF THE RELEASED PARTIES OR OTHER NEGLIGENT ACT OR OMMISSION OR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OF ANY RELEASED PARTIES OR OTHERWISE, provided that nothing in this Section 5 shall be deemed to release any Released Party from liability arising from their own willful or intentional injury to me or my property. The claims released hereby include, but are not limited to, any claims I may now have or may hereafter acquire resulting from injury, death, or property damage sustained by me, or to any property that I may own or have rented, leased or borrowed or have in my possession.
6. Unpredictability of Cause; Personal Responsibility. I understand that injuries and harm may result from participation in Work4It®, including working with and around weightlifting, exercise and fitness equipment and apparatus, climbing ropes, walls, sports, music or entertainment equipment and machinery from a variety of causes, including the acts or omissions of other persons, weather, ice, snow, ocean or water conditions, ground and environmental conditions and other causes not necessarily predictable or within anyone’s control. I agree and acknowledge that the Released Parties do not accept any responsibility for injury, illness, loss, or damages suffered by me and that obtaining insurance to cover these risks is my own responsibility. I assume all risk of personal injury, sickness, or death, and damage to or loss of my belongings and property, and any and all other delay, inconvenience, damage, loss or other expenses I may suffer as a result of or in connection with Work4It®. I agree to be fully responsible for my actions. I assume responsibility for my safety and that of others, including injuries, property damage and harm, to the fullest extent possible and regardless of the acts or omissions of others.
7. Personal Property. I agree that I am responsible for the security and safety of my own property and any personal effects I use related to Work4It®, and that the Released Parties cannot guarantee the security or safety of my property. None of the Released Parties shall have any liability to me or anyone else in the event of loss, damage, destruction or use, whether authorized or not, by any person or theft of any such property. I further agree that I am responsible for storing and managing all data entered in any application of Work4It®, and that Work4It® has no responsibility to collect, store, manage, or preserve any data maintained in any app.
8. Indemnification. I AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE RELEASED PARTIES, JOINTLY AND SEVERALLY, FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS, RIGHTS, LOSSES, COSTS, DAMAGES, EXPENSES, SETTLEMENTS, JUDGEMENTS, CAUSES OF ACTION AND LIABILITIES OF ANY KIND WHATSOEVER, WHETHER FORSEEN OR UNFORSEEN, INCLUDING ATTORNEYS’ FEES, IN LAW OR IN EQUITY, ARISING OUT OF OR RESULTING FROM ANY CLAIM RELATED TO MY PARTICIPATION IN WORK4IT®, INCLUDING WITHOUT LIMITATION MY BREACH OF THIS AGREEMENT OR WORK4IT® RULES AND POLICIES, OR FROM ANY INDIVIDUAL I INVITE TO PARTICIPATE IN WORK4IT® OR ANY OTHER THIRD PARTY CLAIM RELATED TO WORK4IT®.
9. South Dakota Law/Jurisdiction. This Agreement shall be governed by and construed under the laws of the State of South Dakota, U.S.A., notwithstanding its conflict of law provisions. Any action or proceeding brought to enforce the terms of this Agreement or adjudicate any dispute arising out of this Agreement shall be exclusively brought in the County of Pennington, State of South Dakota. The parties will not raise in connection therewith, and hereby waive, any defenses based upon venue, the inconvenience of the forum, the lack of personal jurisdiction, the sufficiency of service of process or the like in any such action, suit or proceeding brought in the State of South Dakota. This Agreement fully, completely, and exclusively sets forth my agreement with the Released Parties on the matters set forth herein and may only be amended in a writing executed by both the Released Parties and myself.
10. Severability. In the event that any provision of this Agreement (or portion thereof) is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, such provision (or part thereof) shall be enforced or, if incapable of such enforcement, shall be deemed to be deleted from this Agreement, while the remainder of the Agreement shall continue in full force and remain in effect according to its stated terms and conditions.
11. Released Parties. Released parties shall be defined as Sweat Equity, LLC, its employees, volunteers, owners, members, agents, assigns, shareholders, independent contractors, vendors, invitees, and guests, as well as investors in any application(s) developed under Sweat Equity, LLC.
I UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO THIS AGREEMENT, I AM GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES IN CASE OF INJURY, DEATH OR PROPERTY LOSS OR DAMAGE. I UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION FOR ALL CLAIMS. I HAVE READ THIS ENTIRE AGREEMENT CAREFULLY, AND FULLY UNDERSTAND ALL OF ITS TERMS AND CONDITIONS. I AM PROVIDING MY ACKNOWLEDGEMENT AND AGREEMENT THAT I HAVE HAD AN OPPORTUNITY TO CAREFULLY READ THE ENTIRE AGREEMENT AND TO HAVE ANY QUESTIONS ANSWERED TO MY SATISFACTION.