Activation Waiver
Terms of Service
In addition to paying any applicable fee, as further consideration for being permitted to participate in any way, including as a spectator, in any activity in, around, or associated with SogilityGO (“Activity”), by my signature, electronic or otherwise, and/or participation, I do for myself, my agents, heirs, assigns, and representatives agree to the terms below (“Terms of Service”).
- I understand and acknowledge that participating in fitness and/or sports-related activities involves risks and dangers of serious bodily injury, including permanent disability, cognitive impairment, paralysis, and death (“Risks”). Risks may be caused, in whole or in part, by my own actions or inactions, the actions or inactions of others participating in the Activity, my condition or the condition in which the Activity takes place, or the action or inactions of a Releasee. There may be other Risks that are either unknown or not reasonably foreseeable to me at this time. I fully accept and assume all risk and responsibility for any and all injury, losses, costs, and/or damages that I may incur as a result of or in any way related to my participation in an Activity.
- I acknowledge, represent, and warrant that I understand the nature of the Activity in which I participate, and that I am qualified, in good health, and in proper physical condition to participate in such Activity. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue participation in the Activity and notify SogilityGO staff.
- I release, discharge, covenant not to sue SogilityGO, its respective administrators, directors, agents, officers, members, contractors, volunteers, employees, other participants, referees, trainers, affiliates, as well as any and all sponsors, advertisers, and any owner, lessor, lessee, or other person or entity associated with the property on which Activity takes place, a “Releasee” or the “Releasees,” from and against any and all liability, claims, or lawsuits for any injury, loss, and/or damage in any way related to the use of SogilityGO facilities or participation in an Activity.
- I shall indemnify, defend, and hold the Releasees, and each of them, harmless from and against any and all liability, claims, or lawsuits for any injury, loss, and/or damage in any way related to the use of SogilityGO facilities or participation in SogilityGO Activities. I understand that this obligation includes but is not limited to the payment of all reasonable attorney fees, claim investigation expenses, litigation expenses, damages, and judgments.
- MEDIA / IMAGE USE: From time to time, SogilityGO may take digital images or recordings of those participating in its programs in public areas of the business for security, promotional, and/or educational purposes. In further consideration for participating in SogilityGO activities, I give SogilityGO permission to use, in any medium or format now existing or hereafter created, the name, if an adult, and likeness of the participant named (“Participant”) without further consent or other compensation. Participant hereby irrevocably waives all legal and equitable rights relating to liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy, including intrusion, false light, public disclosure of private facts, and misappropriation of name or likeness, violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world (“Claims”) arising directly or indirectly from the production or use of Participant’s name or likeness, whether caused in whole or in part by the negligence of SogilityGO or any other person, and Participant covenants not to make or bring any such Claim against SogilityGO, and discharges it from liability under such Claims. I understand that SogilityGO may incur significant expense in reliance on this Agreement. I agree that this Agreement cannot be terminated, rescinded, or modified, in whole or in part. If a Participant is an adult, then I represent and warrant that I am competent and at least eighteen (18) years of age. If the Participant is a minor, then I represent that I am his or her parent or legal guardian with full authority to enter into this release on the minor participant’s behalf. This release applies to SogilityGO, its agents, employees, directors, officers, contractors, and affiliated business entities. I acknowledge that I have read and understood all of the terms of this Media Use Policy and that I am giving up substantial legal rights, including the right to sue SogilityGO.
- SESSION CANCELLATION: At least 24 hours’ notice is required to cancel or reschedule a session. No refunds will be given for no-shows or for cancellations received less than 24 hours prior to the scheduled session. As a general rule, no refunds will be given for missed league, tournament, athlete development, birthday, camp clinic, or individual training sessions or events.
- MEMBERSHIP: SogilityGO may establish various membership programs from time to time. Monthly dues for such programs will be detailed in the particular membership program offering. Membership fees will be collected electronically in advance on the monthly sale date unless paid prior to the monthly sale date by other means. The member is responsible for notifying SogilityGO of any change to their payment information. In the event that SogilityGO is unable to collect payment electronically, the member will be notified and payment must be made by other means no later than the 10th day of processing attempts in order to maintain membership privileges. All agreements will automatically renew on a month to month basis until canceled by the member. There will be no carry over credit for unused sessions from month to month, or any credit given for unused sessions when a membership is terminated. Membership fees may change only as stated in the particular membership offering. To establish and qualify for membership, SogilityGO may charge a non-refundable membership fee, which, if charged, will be detailed in the particular membership offering. Participant, or on behalf of a Participant if a minor, agrees to pay the membership fee as due. After three paid months, a membership may be put on hold for up to 3 months in any 12 month period. The hold fee is $10 per held month. SogilityGO may suspend or terminate any membership for non-payment or behavior that is not in conformity with the Conduct policy.
- CONDUCT: Participant agrees to abide by all SogilityGO facility rules. Behavior that is not in accordance with facility rules, that is detrimental to the safety or security of other participants, or not otherwise acceptable as determined by SogilityGO in its sole discretion may result in removal from the facility and/or suspension or termination of membership privileges with no credit given. Report inappropriate behavior and unsafe conditions to SogilityGO at once.
- GENERAL: This agreement is governed by the laws of the State of Indiana. Any action arising from or related to it shall be brought in the Circuit or Superior Court of Hamilton County, Indiana. The prevailing party in any litigation is entitled to an award of reasonable attorney fees and expenses of litigation. I acknowledge that I have inspected the Facility and that it is in full operation and acceptable for my participation. This agreement is the entire agreement between me and SogilityGO, and any and all prior discussions, agreements, understandings, or correspondence are hereby made null and void. This Contract may be amended, modified, or rescinded, or any rights hereunder waived, only by written agreement signed by me and SogilityGO. If any term or provision of this contract is found to be invalid, illegal, or unenforceable, in whole or in part, the rest and remainder of this Contract shall remain in full force and effect to the fullest extent permitted by law.
-
PRIVACY POLICY: SogilityGO is committed to protecting your privacy and ensuring you have a positive experience on our website. This policy outlines our handling practices of personal information both online and offline. If you give us personal information, we will treat it according to this policy. If you are not satisfied with our response to your privacy-related concerns, please contact us. We encourage you to read this privacy policy to ensure you understand our practices.
We may collect personal information, such as your name, email address, physical address, phone number, or payment details, for reasons including:- Service registrations or subscriptions
- Communication and support
- Personalizing your user experience
- Transaction fulfillment
- Contests or promotions
- Customer feedback
- Legal or regulatory compliance
We may use cookies to enhance your web experience. You can manage your cookie preferences through your browser settings.
We do not sell or rent your personal information to third parties. In limited cases, we may share necessary details with third-party service providers to fulfill a requested transaction or to comply with legal obligations.
Participant Acknowledgement, Release & Waiver
I HAVE READ THIS AGREEMENT. I FULLY UNDERSTAND ITS TERMS. I UNDERSTAND THE RISKS ASSOCIATED WITH THE ACTIVITIES AT OR ASSOCIATED WITH SogilityGO. I CERTIFY THAT I AM NOT BEGINNING THIS PROGRAM WITHOUT PHYSICIAN’S REVIEW AND THAT I AM IN GOOD HEALTH, AND IN PROPER PHYSICAL CONDITION TO PARTICIPATE IN SUCH ACTIVITY(IES). I HAVE SIGNED THIS AGREEMENT FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE. I INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. IF ANY PROVISION SHOULD BE INVALID, THEN IT SHALL BE STRICKEN, AND THE BALANCE OF THIS RELEASE SHALL CONTINUE IN FULL FORCE AND EFFECT. THE VENUE OF ANY ACTION ARISING HEREUNDER SHALL BE THE CIRCUIT AND SUPERIOR COURTS OF HAMILTON COUNTY, INDIANA.
Minor Acknowledgement, Release & Waiver
AND I, THE MINOR’S PARENT AND/OR LEGAL GUARDIAN, UNDERSTAND THE NATURE OF SogilityGO 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 I AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE RELEASEES, AND EACH OF THEM, FROM AND AGAINST ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON THE MINOR’S ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY ANY RELEASEE OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATION.
I 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, DEFEND, AND HOLD HARMLESS THE RELEASEES, AND EACH OF THEM, FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, OR LAWSUITS FOR ANY INJURY, LOSS, AND/OR DAMAGE IN ANY WAY RELATED TO THE USE OF SogilityGO FACILITIES OR PARTICIPATION IN SogilityGO ACTIVITIES.