Baseiron Assumption of Risk, Waiver and Release

1. Scope and relationship to the Terms

This Assumption of Risk, Waiver and Release (“Release”) is between you and Summit Lane Studios LLC, a Hawaii limited liability company, and its members, managers, employees, contractors, agents, licensors, successors and assigns (together, the “Released Parties”, “we” or “us”). It applies to your use of Baseiron, including its mobile apps, web app, workout plans, timers, estimates and related content (the “Service”), and to any exercise or physical activity you do in connection with the Service. It forms part of, and expands Section 7 of, the Baseiron Terms of Use (“Terms”). If this Release and the Terms conflict on a matter of physical risk, this Release controls. Capitalized terms not defined here have the meaning given in the Terms.

2. Not medical advice; not a medical device

Baseiron is a training log and informational tool. It is not a medical device, is not intended to diagnose, treat, cure, monitor or prevent any disease or condition, and has not been reviewed or cleared by the U.S. Food and Drug Administration or any other regulator. The Service does not provide medical, physical therapy, nutritional or professional coaching advice, and no doctor–patient, trainer–client or other professional relationship is created by using it. Estimates and suggestions, including one-rep max (1RM), torque, readiness, effort levels, suggested weights, progressions, pace, calories and any heart-rate or other metrics, are general calculations that may be inaccurate or unsuitable for you. Do not rely on them in place of advice from a qualified professional, and never delay seeking medical care because of something in the Service.

3. Consult a physician first

Before starting any exercise program, changing its intensity, or using any plan or effort level in the Service, consult a physician or other qualified healthcare provider. This is especially important if you are pregnant or postpartum; are over 40 or have been inactive; have, or have a family history of, heart disease, high blood pressure, diabetes, asthma or other respiratory conditions, joint, bone, back or muscle problems; are recovering from injury or surgery; take medication; or have any other medical condition. By using the Service you represent that you are physically fit enough for the activities you choose and that no qualified professional has advised you against them, or that you have obtained medical clearance.

4. Inherent risks of exercise and activity

Exercise and physical activity carry inherent risks that cannot be eliminated, even with care. These include, without limitation: muscle strains, sprains, tears and soreness; joint, tendon, ligament, back, neck and spinal injuries; fractures and dislocations; hernia; dehydration, heat exhaustion, heat stroke, sunburn and hypothermia; abnormal blood pressure, fainting, abnormal heart rhythm, heart attack and stroke; rhabdomyolysis; aggravation of existing conditions; and, in rare cases, permanent disability or death.

Specific activities carry additional risks, including:

• Weight and resistance training: dropped or falling weights, equipment failure, crushing injuries, and injury from improper form, excessive load or training without a spotter.
• Cardio and high-intensity training (including any “hard”, “max” or “ludicrous” effort level or similar setting): overexertion, cardiac events, collapse, and injury from fatigue. Higher effort settings are intended only for experienced, medically cleared users and greatly increase these risks.
• Golf: back, shoulder, elbow and wrist injuries; being struck by balls or clubs; carts; heat and sun exposure; and lightning.
• Kayaking and other water activities: drowning, capsizing, cold-water shock, currents, surf, tides, wind, marine life, collision, and becoming stranded far from help.
• Hiking and outdoor activity: falls, uneven or unstable terrain, cliffs, flash floods, landslides, weather, heat, darkness, getting lost, wildlife, insects, traffic, remote locations and delayed emergency response.
• Using a phone or device during activity: distraction, tripping, collisions, and reduced awareness of hazards.

5. Warning signs: stop immediately

Stop exercising immediately and seek medical attention (call 911 in an emergency) if you feel chest pain, pressure or tightness; pain spreading to your arm, neck or jaw; dizziness or lightheadedness; fainting; unusual shortness of breath; irregular or racing heartbeat; nausea; confusion; sharp or unusual pain; or any other symptom that concerns you. Do not resume until a qualified healthcare provider says it is safe.

6. Your responsibilities

You alone are responsible for deciding whether, when, where and how to exercise, and for your own safety and the safety of anyone near you. In particular, you are responsible for:

• Equipment: choosing, inspecting, setting up, maintaining and using equipment, safety gear and flotation devices properly, and following manufacturers' instructions.
• Form and load: learning correct technique, warming up, and choosing weights, intensity and duration within your ability, regardless of what the Service suggests.
• Environment: checking weather, water, surf and trail conditions, permits and closures; using a safe, clear space; staying hydrated; and following all laws, posted rules and facility policies.
• Supervision: using a qualified spotter, coach, partner or lifeguard where appropriate, telling someone your plans for outdoor or water activities, and not exercising alone where that is unsafe.
• Your health: knowing your limits, and not exercising while ill, injured, impaired by alcohol, drugs or medication, or excessively fatigued.

We do not supervise, inspect or control your activities, equipment, locations or the people you exercise with.

7. Voluntary assumption of risk

Your participation in any exercise or activity, with or without the Service, is entirely voluntary. You understand the risks described in this Release, including risks not specifically listed and risks arising from inaccurate information in the Service, and you knowingly and voluntarily assume all of them, to the fullest extent permitted by law.

8. Release and waiver

TO THE FULLEST EXTENT PERMITTED BY THE LAWS OF THE STATE OF HAWAII, YOU, ON BEHALF OF YOURSELF AND YOUR HEIRS, EXECUTORS, ADMINISTRATORS, PERSONAL REPRESENTATIVES AND ASSIGNS, RELEASE, WAIVE, DISCHARGE AND AGREE NOT TO SUE THE RELEASED PARTIES FOR ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, LOSSES AND DAMAGES OF ANY KIND, INCLUDING FOR PERSONAL INJURY, ILLNESS, DISABILITY, DEATH OR PROPERTY DAMAGE, ARISING OUT OF OR RELATING TO YOUR EXERCISE OR PHYSICAL ACTIVITY, YOUR USE OF OR RELIANCE ON THE SERVICE, OR ANY INFORMATION, ESTIMATE OR SUGGESTION IN IT, INCLUDING CLAIMS CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES.

This Release does not apply to liability that cannot lawfully be released or limited, including liability for gross negligence, recklessness, willful or wanton misconduct, or fraud, and it does not waive any non-waivable rights you have under applicable consumer-protection law. Any liability that is not released remains subject to the limitations in Section 10 of the Terms to the extent permitted by law.

9. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless the Released Parties from and against any claims, liabilities, losses, damages and costs (including reasonable attorneys' fees) brought by you, your heirs or representatives, or any third party, arising out of or relating to your exercise or activity, your use of the Service, your breach of this Release or the Terms, or any injury or damage you cause to another person or property, except to the extent caused by the Released Parties' gross negligence or willful misconduct.

10. No guarantee of results

We make no promise or guarantee of any result, including strength, weight loss, endurance, performance, health or appearance. Results vary from person to person and depend on factors outside our control. Examples, testimonials or projections in the Service are illustrative only.

11. Minors

Consistent with Section 2 of the Terms, you must be at least 13 years old to use Baseiron. If you are under 18 (or the age of majority where you live), you may use the Service only with the consent and under the active supervision of a parent or legal guardian, who must read and accept this Release and the Terms for you. The parent or guardian assumes the risks described here on the minor's behalf and on their own behalf, agrees to the release and indemnification above to the fullest extent permitted by law, and agrees to indemnify the Released Parties for any claim brought by or on behalf of the minor that this Release does not bar. Minors should not use high-intensity or maximum effort settings, or do water or remote outdoor activities, without direct adult supervision.

12. Disputes and governing law

This Release is governed by the laws of the State of Hawaii, without regard to conflict-of-law rules. Any dispute arising out of or relating to this Release is subject to the informal-resolution, binding individual arbitration, class-action waiver and 30-day opt-out provisions in Section 12 of the Terms, and, where court proceedings are allowed, to the venue provisions in Section 13 of the Terms.

13. Severability and general

This Release is intended to be as broad and inclusive as Hawaii law permits. If any part of it is held invalid or unenforceable, that part will be enforced to the maximum extent permitted (or narrowed to the extent needed), and the remainder will continue in full force. This Release survives termination of your account and your use of the Service. We may update it; the version and effective date above identify the current version, material changes will be notified in the app, and you may be asked to accept the updated version before continuing. Questions: [email protected], Summit Lane Studios LLC, 4754 E Ekahi Way, Unit D, Ewa Beach, HI 96706, USA.

14. Acknowledgment

BY CHECKING THE ACKNOWLEDGMENT BOX OR USING THE SERVICE, YOU CONFIRM THAT YOU HAVE READ THIS RELEASE, UNDERSTAND IT, ARE AT LEAST 18 (OR ARE A PARENT OR GUARDIAN ACCEPTING FOR A MINOR), AND AGREE TO IT FREELY AND VOLUNTARILY, INTENDING IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE FULLEST EXTENT ALLOWED BY LAW.