Terms And Conditions
Smiley Social - Liability Waiver and Agreement
By joining Smiley Social group or participating in any events organized by the group in any apps, I agree to the terms and conditions below:
If I bring a guest or family member with me to a Smiley Social event, it is my responsibility to inform my guest or family member of these terms and conditions. Anyone who attends or participates in a Smiley Social event is deemed to have agreed to these terms and conditions.
Besides the JoinLot app, Smiley Social group may use other apps like facebook, whatsapp, etc and any events that is organized by Smiley Social group no matter which app is used is considered a Smiley Social meetup group event and anyone who attends to the event is deemed to have agreed to these terms and conditions.
Full Disclosure of Physical Conditions/ Informed Consent and Assumption of Risk and Release of Liability/Photography Release Agreement
TO BE READ AND ACKNOWLEDGED BY EVERY PARTICIPANT, INCLUDING PARTICIPANT’S GUEST(S) AND FAMILY MEMBER(S)
Full Disclosure of Physical Conditions
I, as the Participant, certify the following when engaging in any Smiley Social Meetup event involving physical exercise and activities (including but not limited to workouts, volleyball games, soccer, ping pong, badminton, tennis, hiking, etc.):
1. I, as the Participant, am physically sound and suffering from no condition, impairment, disease, infirmity, or illness that would prevent my participation in physical exercises and activities in Smiley Social events, except as hereinafter stated.
2. I, as the Participant certify that I have been informed of the need to consult with my physician for approval for participation in physical exercises and activities.
3. I, as the Participant certify that Smiley Social organizers, event hosts, assistants, representatives and agents, (hereinafter “Smiley Social, and Associates”) have recommended that all Participants have a yearly or more frequent physical examination and consultation with the Participant’s physician as to physical activity, exercise, and use of exercise and training equipment so that the Participant may have known that he/she has either (a) permission by the Participant’s physician to engage in physical exercises and activities, or (b) that I, as the Participant, have decided to engage in physical exercises and activities without the approval of my physician.
4. I, as the Participant expressly assume all responsibility for my participation in physical exercises and activities.
5. I, as the Participant certify that I have given complete disclosure of all physical conditions, impairments, diseases, infirmities or illnesses that might affect or prevent my participation in physical exercises and activities.
6. I, as the Participant represent that I have no congenital, physical, or mental health problems, no underlying cardiovascular, neurological, or any illness, or condition that might affect or prevent my participation in physical exercises and activities.
Informed Consent and Assumption of the Risk
I, as the Participant, certify the following, applicable in all Smiley Social Meetup events, including but not limited to physical exercise and activities such as workout groups, sports, and any recreational and social events, whether or not alcohol is served:
1. I, as the Participant enter into this Contract with full knowledge of all the risks and benefits associated with my participation in Smiley Social Meetup events. I certify that I am of legal age to enter into a Contract and I am not mentally incapacitated. I, as the Participant certify that I enter into this Contract without duress, undue influence, and for valuable consideration.
2. I, as the Participant certify that I understand the risks associated with my participation in Smiley Social Meetup events, including but not limited to the physical injury resulting from the acts, omissions, and/or negligence of others.
I certify that I know and fully understand the importance and relevance of all the risks, and expressly and voluntarily assume any and all risks associated with my participation in Smiley Social Meetup events. Where physical exercises and activities are involved, these events may include but are not limited to the activities of training; exercise; aerobics and aerobic conditioning and training; weight training; circuit training; cardiovascular exercise and training; use of training equipment, including but not limited to free weights; stretching; weight lifting; testing, including but not limited to testing of the cardiovascular system, heart rate, muscle strength, endurance, and flexibility; and any other training activities techniques, and/or exercises.
Further, I expressly and voluntarily assume any and all risk associated with my participation in Smiley Social Meetup events. Where physical exercises and activities are involved, these risks may include but are not limited to the risks of dizziness; strains and/or sprains; fractures of any kind; syncope (fainting); arrhythmia (alteration in heart rhythm); dyspnea (shortness of breath); angina pectoris (chest pain); tachycardia (rapid resting heart rate over 100 beats per minute); myocardial infarction (heart attack); cerebrovascular accident (stroke); dysrhythmia (abnormal rhythm of brain waves or heart rhythm); and/or any other physical injury, due to any cause whatsoever.
Release of Liability
I, as the Participant, certify the following, applicable in all Smiley Social Meetup events, including but not limited to physical exercise and activities such as workout groups, sports and other recreational and social events, whether or not alcohol is served:
1. I, as the Participant certify that I voluntarily agree to participate in Smiley Social Meetup events. Where physical exercises and activities are involved, these events may include but are not limited to the activities of training; exercise; aerobics and aerobic conditioning and training; weight training; circuit training; cardiovascular exercise and training; use of training equipment, including but not limited to free weights; stretching; weight lifting; testing, including but not limited to testing of the cardiovascular system, heart rate, muscle strength, endurance, and flexibility; and any other training activities, techniques, and/or exercises. I further agree to follow all rules set forth by Smiley Social, and its Associates.
2. In consideration of my participation in Smiley Social Meetup events, or any event that offers training services provided by Smiley Social, and Associates, a group operating under the Meetup Terms of Service, I and for my heirs, my assigns, my administrators, my executors, and/or all members of my family, including minors, waives, releases, holds harmless and forever discharges Smiley Social, and Associates, its successors in interest, assigns, agents, and/or any other participants in physical exercises and activities under this Agreement, from any and all responsibility, liability, claims and demands of any kind and nature, damages, actions, causes of action of any kind, whether now known or unknown, or which I may have now, or which may hereafter occur to myself (collectively, the Claims), including but not limited to Claims based upon or related to dizziness; strains and/or sprains; fractures of any kind; syncope (fainting); arrhythmia (alteration in heart rhythm); dyspnea (shortness of breath); angina pectoris (chest pain); tachycardia (rapid resting heart rate over 100 beats per minute); myocardial infarction (heart attack); cerebrovascular accident (stroke); dysrhythmia (abnormal rhythm of brain waves or heart rhythm); and/or any other physical injury, due to any cause whatsoever, including the act of omission, negligence of any other fault of Smiley Social, and Associates, its successors in interest, assigns, agents, or any other participants in Smiley Social Meetup events under this agreement.
Photography Release of Agreement
I, as the Participant, certify the following:
I, as the Participant, acknowledge that during Smiley Social events, I may be photographed or filmed by Smiley Social, and Associates. I hereby grant to Smiley Social, and Associates, the irrevocable and unrestricted right to use, reproduce and publish photographs and videos, including image and likeness as depicted therein, for editorial, advertising or any other purpose and in any manner and medium without royalties/and or compensation. I hereby release Smiley Social, and Associates from any and all claims, actions and liability relating to its use of said photographs and images and my participation in Smiley Social Meetup events.
Smiley Social, and its Associates are also not responsible for any loss of your personal property. Furthermore, Smiley Social, and Associates reserve the right to update and modify these terms and conditions in accordance with member feedback and changing conditions, and will notify Members if such action is taken.
I have read the above thoroughly and agree with the terms and conditions.