Adult Participant Agreement: Assumption of Risk, Release, Limited Third-Party Indemnity, and Individual Arbitration
Version 2 · effective 2026-08-20
PLEASE READ CAREFULLY. THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS. I understand that fitness, exercise, movement, and wellness classes involve physical exertion and risks of injury. Participation through live video creates additional risks because the instructor cannot fully inspect my location, equipment, physical condition, or movements; provide hands-on assistance; or ensure that emergency help is available. Risks include, without limitation, slips, falls, collisions, equipment failure, overexertion, muscle or joint injury, aggravation of an existing condition, illness, cardiovascular events, disability, paralysis, death, and property damage. These risks may be known or unknown, foreseeable or unforeseeable, and may result from my acts or omissions, the acts or omissions of others, conditions in my environment, or the ordinary negligence of a Released Party. I voluntarily choose to participate and knowingly assume all risks arising from or related to the class, including the risks described above, to the fullest extent permitted by law. I am responsible for determining, with advice from an appropriate healthcare professional when needed, whether participation is suitable for me; choosing a safe space and suitable equipment; following instructions; working within my abilities; and stopping immediately if I experience pain, dizziness, shortness of breath, faintness, or other concerning symptoms. I understand that the class and platform do not provide medical advice, diagnosis, treatment, rehabilitation, supervision, or emergency services. “AC” means Authors Collective LLC, the company that operates the MoveRoom software platform. “Released Parties” means: (1) the independent business offering the class and each instructor; (2) AC, solely in its role as platform operator; and (3) each party’s respective owners, members, managers, officers, directors, employees, contractors, agents, insurers, successors, and assigns. MoveRoom is AC’s product, not a separate company or released entity. TO THE FULLEST EXTENT PERMITTED BY LAW, I RELEASE AND FOREVER DISCHARGE THE RELEASED PARTIES FROM ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, OR LIABILITIES ARISING OUT OF OR RELATING TO MY PARTICIPATION IN, PREPARATION FOR, OR ACCESS TO THE CLASS, INCLUDING CLAIMS FOR PERSONAL INJURY, ILLNESS, DEATH, OR PROPERTY DAMAGE AND CLAIMS CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OF A RELEASED PARTY. THIS RELEASE EXPRESSLY APPLIES TO ORDINARY NEGLIGENCE. I agree not to sue a Released Party for any claim released by this agreement. This release does not apply to gross negligence, recklessness, willful or intentional misconduct, fraud, violation of law, or any liability that cannot lawfully be waived. CONSERVATIVE STATE LIMIT. If either my declared residence state or my physical participation state is Arizona, Connecticut, Hawaii, Louisiana, Montana, New Mexico, New York, Oregon, Vermont, Virginia, or Wisconsin, the release and agreement not to sue above do not apply to a claim for personal injury, illness, or death based on a Released Party’s ordinary negligence. My factual acknowledgment of risk, voluntary assumption of inherent risks to the extent permitted by law, safety responsibilities, limited third-party indemnity, and the remaining terms continue to apply. In every other state, the release is still limited to the maximum scope that applicable law permits. TO THE FULLEST EXTENT PERMITTED BY LAW, I WILL INDEMNIFY AND HOLD HARMLESS AC AND ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, INSURERS, SUCCESSORS, AND ASSIGNS FROM A THIRD PARTY’S CLAIM, JUDGMENT, AND REASONABLE, ACTUALLY INCURRED LEGAL COSTS, BUT ONLY TO THE EXTENT CAUSED BY: (1) MY NEGLIGENT, RECKLESS, INTENTIONAL, OR UNLAWFUL ACT OR OMISSION WHILE PARTICIPATING; (2) MY MATERIAL BREACH OF THIS AGREEMENT; OR (3) MY VIOLATION OF ANOTHER PERSON’S RIGHTS. THIS INDEMNITY DOES NOT APPLY TO MY OWN CLAIM FOR INJURY OR LOSS, DOES NOT REQUIRE ME TO DEFEND A CLAIM BEFORE RESPONSIBILITY IS DETERMINED BY FINAL JUDGMENT, A SETTLEMENT I APPROVE, OR MY WRITTEN ACKNOWLEDGMENT, AND DOES NOT REQUIRE ME TO INDEMNIFY ANY PERSON OR ENTITY TO THE EXTENT A CLAIM RESULTS FROM THAT PARTY’S NEGLIGENCE, GROSS NEGLIGENCE, RECKLESSNESS, WILLFUL OR INTENTIONAL MISCONDUCT, FRAUD, VIOLATION OF LAW, OR OTHER NON-WAIVABLE LIABILITY. INDIVIDUAL ARBITRATION AGREEMENT. PLEASE READ CAREFULLY. Except for the matters listed below, I, the Class Provider and instructor identified for my class, and AC agree to resolve through individual binding arbitration, instead of a lawsuit before a judge or jury, any dispute or claim arising out of or relating to the class, my participation, this Participant Agreement, the instructor’s services, AC’s platform or payment-collection services, or the relationship among us. The Federal Arbitration Act governs. Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in effect when the claim is filed, subject to mandatory consumer protections and applicable law. Before filing arbitration, the claimant must send the affected parties written notice describing the claim and requested relief and allow 30 days for informal resolution. Notices to AC may be emailed to jaden@moveroom.app or mailed to Authors Collective LLC, Arbitration Notice, PO Box 14, Pine Bush, NY 12566. AC will provide the Class Provider’s applicable notice address upon a valid request. Hearings and fees will be handled under the AAA Consumer Arbitration Rules; an in-person hearing will occur in my county of residence unless the parties agree otherwise, and AC and/or the Class Provider will pay any additional amount required by those rules or applicable law to make arbitration reasonably accessible. Claims must be brought only in an individual capacity, not as a plaintiff or class member in a class, collective, consolidated, coordinated, or representative proceeding. The arbitrator may award any individual remedy available in court but may not determine absent persons’ rights or administer class arbitration. Either party may bring an eligible individual claim in small-claims court. Nothing prevents a report to or proceeding before a government agency, waives nonwaivable public-injunctive relief, or limits a federal right to elect court for a sexual-assault or sexual-harassment dispute. I MAY OPT OUT OF THIS ARBITRATION AGREEMENT WITHOUT AFFECTING ACCESS TO MOVEROOM OR MY CLASSES. To opt out, I must email jaden@moveroom.app or mail Authors Collective LLC, Arbitration Opt-Out, PO Box 14, Pine Bush, NY 12566 within 30 days after first accepting this arbitration agreement. The notice must include my full name, MoveRoom account email, and a statement that I opt out of the MoveRoom arbitration agreement. Email notice is timely when sent unless I receive a delivery-failure notice; mailed notice is timely when postmarked. AC will confirm receipt. Opting out applies to arbitration with both AC and the Class Provider, while the remaining agreement continues. A material arbitration change requires fresh affirmative acceptance and provides a new 30-day opt-out period. If a court determines that a particular claim or remedy cannot lawfully be arbitrated or restricted to an individual proceeding, that matter will proceed in court after arbitrable claims are completed unless applicable law requires otherwise; the remainder will be enforced to the fullest lawful extent. This agreement binds me and my estate, heirs, personal representatives, and assigns. If any part is held unenforceable, it will be limited or severed to the minimum extent necessary, and the remaining provisions will remain effective. I confirm that I am at least 18 years old, have legal capacity to agree, have read and understand this agreement, and accept it voluntarily. ADDITIONAL TERMS FROM THE CLASS BUSINESS These additional terms supplement, and do not modify, limit, waive, or replace, the protected MoveRoom terms above. If there is a conflict, the protected MoveRoom terms control. Liability Waiver and Class Disclaimer I understand this live fitness class involves physical activity and I participate at my own risk. I confirm I am able to participate safely and release the trainer from liability to the fullest extent permitted by law.