Fitness Liability Release and Waiver

Congratulations to you for wanting to participate in The Onyx Method LLC’s fitness class(es) our use of our services, equipment or studio. Your safety and comfort is of the utmost importance to us. We request that you participate in only those classes, exercises or movements that you are physically able to do, and that you notify us of any restrictions you have before starting use of our classes, services, equipment or studio so that we can do our best to accommodate them. Please read the following information carefully and let us know if you have any questions before agreeing to these terms.

I voluntarily desire to participate in fitness class, activity, class, program, instruction, or event and/or use of the services, equipment or studio (hereafter collectively “Training”) owned or organized by The Onyx Method LLC, and it’s personal trainers, instructors, staff, and other employees/agents (hereafter collectively “The Onyx Method”). In exchange for participation in the Training, I agree to this Fitness Liability Release and Waiver (hereafter “Waiver”):

Voluntary Participation & Assumption of Risk. I take full and sole responsibility for my health, fitness, life and well-being and all decisions made before, during and after the Training. I acknowledge that I am choosing to participate voluntarily in the Training and I recognize that the Training, while planned with care and attention, may contain certain inherent risks because they involve the physical movement of my body. I agree that I expressly assume the risks of the Training in which I participate, and I understand the limitations of fitness instruction in that The Onyx Method may not be able to fully see my body alignment or every movement and is not physically able or available to make adjustments to my form, movements or posture. I am also aware that if there is any aspect of the Training that I am not comfortable participating in or I wish to rest during the Training, that I may voluntarily decline to participate or rest at any time if I wish.
Instruction. I agree to observe and obey all instruction or directions given by The Onyx Method, whether verbally or in writing.
Not a Substitute for Medical Advice. I understand that the Training and the information provided during or through the Training is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by my own physician, therapist, licensed dietitian or nutritionist, or any other licensed or registered mental or physical health care professional. I understand that the Onyx Method is not acting in any capacity as a medical or mental health care provider, and they are not giving medical or psychological advice. I understand that they are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat or cure in any manner whatsoever any disease, condition or other physical or mental ailment of the human body during the Training. Rather, The Onyx Method is providing me with education, information, and tools to assist me in my own health, fitness, self-care and healthy living journey.
Assumption of Risk of Exposure to COVID-19. I agree to fully accept all known and unknown risks, including the potential risk of exposure to respiratory illnesses or other illnesses, diseases, or conditions, including but not limited to the coronavirus known as COVID-19. The coronavirus COVID-19 is primarily transmitted via exhaled respiratory droplets, most often through coughing, sneezing and breathing in close proximity to another person. These droplets can travel up to six feet and are more commonly transmitted between persons rather than from equipment to persons. Although The Onyx Method is complying with industry standards regarding cleaning, disinfecting, and other practices which reduce the potential for exposure to COVID-19, I understand that I may be exposed to COVID-19 or its symptoms through no fault of The Onyx Method. COVID-19 symptoms include fever, coughing, shortness of breath, pneumonia, kidney failure, and may include additional or other symptoms, stroke or even death (collectively referred to as "Symptoms"). I understand and agree to hold The Onyx Method harmless and not liable for any real or perceived Symptoms of COVID-19 or any other disease, illness, or condition, nor for exacerbating any existing symptoms of any illness, disease or condition I may already have, whether or not known to me, and I fully agree to accept these and all other known and unknown health risks, including any risk of injury, harm, disease or death.
Limitation of Movement. I warrant, represent, and agree that I am in good physical condition and have no disability, impairment, or ailment preventing me from engaging in active or passive exercise that could be detrimental or inimical to my health, safety, comfort, or physical condition. If my health condition changes or I become pregnant, I agree to inform The Onyx Method and provide a note from my physician stating that I may continue to exercise. I agree to disclose to the Onyx Method in advance any known or suspected physical limitations that may impact my breathing or movement or any other health or mental condition that may be affected during the Training, including pregnancy. If I suspect that I have a medical or mental health emergency, issue or concern, I agree to inform the The Onyx Method immediately.
Seek Medical Advice. I agree to seek the advice of my physician regarding any questions or concerns I have about my specific health situation. I understand that I am advised to speak with my own physician or mental health provider before starting this Training to be certain I am without significant health risks which would prevent me from participating in the Training. I agree to not disregard or delay seeking professional medical advice if I am injured, ill, or feel I am in imminent harm to myself or others, or if I experience any physical discomfort before, during or after the Training.
Consent to First-Aid or Emergency Treatment. Should the Onyx Method observe that medical aid may be needed to assist me, I consent to the Onyx Method calling 911 if needed and to the application of first-aid or other medical or mental health services to be applied if needed in connection with an emergency health problem or potentially harmful situation during the Training, and I agree to hold the Onyx Method harmless as a result of any such injury or damage I may suffer due to the application of medical or mental health services or treatment.
Intellectual Property Rights. I understand that the Onyx Method retains all ownership and intellectual property rights to the Training content and materials provided to me at or through the Training, including all copyrights and any trademarks belonging to the Onyx Method. I understand and agree that Training, including all Training content and materials, are being provided to me for my individual use only and with a single-user license which means that I am not allowed or authorized to share, copy, sell, post, distribute, reproduce, duplicate, trade, resell, exploit, or otherwise disseminate any portion of Training content or materials, electronically or otherwise, for business or commercial use, or in any other way that earns me money, without the prior written permission of the Onyx Method.
Media Release. I understand that by participating in the Training, I am consenting to photographs, videos, and/or audio recordings that may be made that may contain my image, voice and/or likeness for current and future use, with no compensation to me. Please note that these postings and recordings may or will be shared with potential clients or other clients, in our marketing materials, website, social media or in other promotion or sales for the The Onyx Method’s business use.
Limitation of Liability. I waive and release the Onyx Method from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, which I have ever had, now have or may have in the future against the Onyx Method for injury, loss, or damage to myself or my property, unless arising from the gross negligence of the Onyx Method, which may arise from my participation in, or otherwise with respect to: (1) participation in any aspect of the Training, (2) use of the studio, including the use of equipment, lobby, restroom, sidewalks, parking lots, or other general areas of the studio, (3) failure to follow instructions of the Onyx Method regarding Training, or use of the equipment, lobby, restroom, sidewalks, parking lot or any other aspect of the studio, (4) harm, loss or theft of personal property, (5) equipment malfunctions or damage, of which Onyx Method was unaware.
Indemnification and Release of Claims. I agree to indemnify and hold harmless The Onyx Method and I agree that that The Onyx Method is not liable to me or to any other person for any direct, indirect, special, incidental or consequential damages for any use of, non-use, or reliance on this Training, its content or materials, including, without limitation, personal injuries, accidents, misapplication of information, or any other loss, malady, disease, difficulty, injury, or otherwise, even if I am advised of the possibility of such damages, difficulties, or injuries, whether caused by the fault of myself, the Onyx Method, other attendees or other third parties.
Full Force and Effect. I expressly agree that this Waiver is intended to be as broad and inclusive as permitted by the law of the State of Alabama and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

I acknowledge that I have carefully read this Waiver and fully understand that it is a release of liability, express assumption of risk and indemnity. I am aware and agree that by agreeing to this Waiver, I am giving up my right to bring a legal action or assert a claim against The Onyx Method for any reason. I have read and voluntarily signed the Waiver and further agree that no oral representations, statements, or inducement apart from the this written Waiver have been made to me. I have carefully read this document and by signing below I consent to all parts of it. I understand that by signing this Waiver, I voluntarily surrender certain legal rights.

Privacy Policy

The Onyx Method understands that your privacy is important to you. We are committed to protecting the privacy of your personally-identifiable information as you use this website. This Privacy Policy tells you how we protect and use information that we gather from you. By using this website, you consent to the terms described in the most recent version of this Privacy Policy. You should also read our Terms of Use to understand the general rules about your use of this website, and any additional terms that may apply when you access particular services or materials on certain areas of this website. “We,” “our” means The Onyx Method, LLC and its affiliates. “You,” “your,” visitor,” or “user” means the individual accessing this site.

PERSONAL AND NON-PERSONAL INFORMATION

Our Privacy Policy identifies how we treat your personal and non-personal information.

WHAT IS NON-PERSONAL INFORMATION AND HOW IS IT COLLECTED AND USED?

Non-personal information is information that cannot identify you. If you visit this web site to read information, such as information about one of our services, we may collect certain non-personal information about you from your computer’s web browser. Because non-personal information cannot identify you or be tied to you in any way, there are no restrictions on the ways that we can use or share non-personal information. What is personal information and how is it collected? Personal information is information that identifies you as an individual, such as your name, mailing address, e-mail address, telephone number, and fax number. We may collect personal information from you in a variety of ways: • When you send us an application or other form • When you conduct a transaction with us, our affiliates, or others • When we collect information about in you in support of a transaction, such as credit card information • In some places on this web site you have the opportunity to send us personal information about yourself, to elect to receive particular information, to purchase access to one of our products or services, or to participate in an activity.

ARE COOKIES OR OTHER TECHNOLOGIES USED TO COLLECT PERSONAL INFORMATION?

Yes, we may use cookies and related technologies, such as web beacons, to collect information on our web site. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you register with us, a cookie helps The Onyx Method, LLC to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same The Onyx Method, LLC website, the information you previously provided can be retrieved, so you can easily use the features that you customized. A web beacon is a small graphic image that allows the party that set the web beacon to monitor and collect certain information about the viewer of the web page, web-based document or e-mail message, such as the type of browser requesting the web beacon, the IP address of the computer that the web beacon is sent to and the time the web beacon was viewed. Web beacons can be very small and invisible to the user, but, in general, any electronic image viewed as part of a web page or e-mail, including HTML based content, can act as a web beacon. We may use web beacons to count visitors to the web pages on the web site or to monitor how our users navigate the web site, and we may include web beacons in e-mail messages in order to count how many messages sent were actually opened, acted upon or forwarded.

Third party vendors also may use cookies on our web site. For instance, we may contract with third parties who will use cookies on our web site to track and analyze anonymous usage and volume statistical information from our visitors and members. Such information is shared externally only on an anonymous, aggregated basis. These third parties use persistent cookies to help us to improve the visitor experience, to manage our site content, and to track visitor behavior. We may also contract with a third party to send e-mail to our registered users/members.

To help measure and improve the effectiveness of our e-mail communications, the third party sets cookies. All data collected by this third party on behalf of The Onyx Method, LLC is used solely by or on behalf of The Onyx Method, LLC and is shared externally only on an anonymous, aggregated basis. From time to time we may allow third parties to post advertisements on our web site, and those third-party advertisements may include a cookie or web beacon served by the third party. This Privacy Policy does not cover the use of information collected from you by third party ad servers. We do not control cookies in such third-party ads, and you should check the privacy policies of those advertisers and/or ad services to learn about their use of cookies and other technology before linking to an ad. We will not share your personal information with these companies, but these companies may use information about your visits to this and other web sites in order to provide advertisements on this site and other sites about goods and services that may be of interest to you, and they may share your personal information that you provide to them with others.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the The Onyx Method, LLC websites you visit.

HOW DOES THE ONYX METHOD, LLC USE PERSONAL INFORMATION?

THE ONYX METHOD, LLC may keep and use personal information we collect from or about you to provide you with access to this web site or other products or services, to respond to your requests, to bill you for products/services you purchased, and to provide ongoing service and support, to contact you with information that might be of interest to you, including information about products and services of ours and of others, or ask for your opinion about our products or the products of others, for record keeping and analytical purposes and to research, develop and improve programs, products, services and content.

Personal information collected online may be combined with information you provide to us through other sources We may also remove your personal identifiers (your name, email address, social security number, etc). In this case, you would no longer be identified as a single unique individual. Once we have de-identified information, it is non-personal information and we may treat it like other non-personal information. Finally, we may use your personal information to protect our rights or property, or to protect someone’s health, safety or welfare, and to comply with a law or regulation, court order or other legal process.

DOES THE ONYX METHOD, LLC SHARE PERSONAL INFORMATION WITH OTHERS?

We will not share your personal information collected from this web site with an unrelated third party without your permission, except as otherwise provided in this Privacy Policy. In the ordinary course of business, we may share some personal information with companies that we hire to perform services or functions on our behalf. In all cases in which we share your personal information with a third party for the purpose of providing a service to us, we will not authorize them to keep, disclose or use your information with others except for the purpose of providing the services we asked them to provide.

We will not sell, exchange or publish your personal information, except in conjunction with a corporate sale, merger, dissolution, or acquisition. For some sorts of transactions, in addition to our direct collection of information, our third-party service vendors (such as credit card companies, clearinghouses and banks) who may provide such services as credit, insurance, and escrow services may collect personal information directly from you to assist you with your transaction. We do not control how these third parties use such information, but we do ask them to disclose how they use your personal information before they collect it.

If you submit a review for a third party (person or business) using our Facebook Fan Review Application, during the submission process we ask your permission to gather your basic information (such as name and email address) which we then share with the third party for whom you are submitting the review. We may be legally compelled to release your personal information in response to a court order, subpoena, search warrant, law or regulation.

We may cooperate with law enforcement authorities in investigating and prosecuting web site visitors who violate our rules or engage in behavior, which is harmful to other visitors (or illegal). We may disclose your personal information to third parties if we feel that the disclosure is necessary to protect our rights or property, protect someone’s health, safety or welfare, or to comply with a law or regulation, court order or other legal process. As discussed in the section on cookies and other technologies, from time to time we may allow a third party to serve advertisements on this web site.

If you share information with the advertiser, including by clicking on their ads, this Privacy Policy does not control the advertisers use of your personal information, and you should check the privacy policies of those advertisers and/or ad services to learn about their use of cookies and other technology before linking to an ad.

HOW IS PERSONAL INFORMATION USED FOR COMMUNICATIONS?

We may contact you periodically by e-mail, mail or telephone to provide information regarding programs, products, services and content that may be of interest to you. In addition, some of the features on this web site allow you to communicate with us using an online form. If your communication requests a response from us, we may send you a response via e-mail. The e-mail response or confirmation may include your personal information. We cannot guarantee that our e-mails to you will be secure from unauthorized interception.

HOW IS PERSONAL INFORMATION SECURED?

We have implemented generally accepted standards of technology and operational security in order to protect personally-identifiable information from loss, misuse, alteration, or destruction. Only authorized personnel and third-party vendors have access to your personal information, and these employees and vendors are required to treat this information as confidential. Despite these precautions, we cannot guarantee that unauthorized persons will not obtain access to your personal information.

LINKS

This site contains links to other sites that provide information that we consider to be interesting. THE ONYX METHOD, LLC is not responsible for the privacy practices or the content of such web sites.

PUBLIC DISCUSSIONS

This site may provide public discussions on various business valuation topics. Please note that any information you post in these discussions will become public, so please do not post sensitive information in the public discussions. Whenever you publicly disclose information online, that information could be collected and used by others. We are not responsible for any action or policies of any third parties who collect information that users disclose in any such forums on the web site. THE ONYX METHOD, LLC does not agree or disagree with anything posted on the discussion board. Also remember that you must comply with our other published policies regarding postings on our public forums.

HOW CAN A USER ACCESS, CHANGE, AND/OR DELETE PERSONAL INFORMATION?

You may access, correct, update, and/or delete any personally-identifiable information that you submit to the web site. You may also unsubscribe from mailing lists or any registrations on the web site. To do so, please either follow instructions on the page of the web site on which you have provided such information or subscribed or registered or contact us at HELLO@THEONYXMETHOD.COM

CHILDREN’S PRIVACY

THE ONYX METHOD, LLC will not intentionally collect any personal information (such as a child’s name or email address) from children under the age of 13. If you think that we have collected personal information from a child under the age of 13, please contact us.

CHANGES

THE ONYX METHOD, LLC reserves the right to modify this statement at any time. Any changes to this Privacy Policy will be listed in this section, and if such changes are material, a notice will be included on the homepage of the web site for a period of time. If you have any questions about privacy at any websites operated by THE ONYX METHOD, LLC or about our website practices, please contact us at: HELLO@THEONYXMETHOD.COM