Out-N-Fit Inc.

General Participation Release / Hold Harmless Agreement

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Thank you for joining us for ONF OUTing: Just For Kicks. We are excited to have you and spend time with our family.

By signing this agreement, you acknowledge and understand the following:

ONF is a community organization with the purpose of gathering LGBTQ+ people and their allies with a focus on fitness and activity.  The purpose of this organization is to provide opportunities for members of the LGBTQ+ community to engage in fitness activities based on an active lifestyle; to motivate those within the community to establish, and work towards, their fitness goals; and to facilitate a sense of community which focuses on uplifting and encouraging people. ONF will not practice or permit any unlawful discrimination on the basis of sex, age, race, color, national origin, sexual orientation, gender identification, religion, physical handicap or disability, or any other basis prohibited by law.

To be eligible to participate in the events and activities of the organization, you must be at least eighteen (18) years old. No person under the age of eighteen (18) may directly or indirectly view, interact or otherwise participate  in the activities of  ONF. By signing this agreement you attest that you are at least eighteen (18) years of age or older.

YOU HEREBY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT THROUGH YOUR PARTICIPATION IN ONF, YOU WILL NOT ENGAGE IN THE PROHIBITED CONDUCT LISTED BELOW:

1.     Conduct that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, violent or invasive of another's privacy;

2.     Conduct that harasses, degrades, intimidates or is hateful toward an individual or group of individuals in any way OR that is false, deceptive, misleading, deceitful, or mis-informative ;

3.     Conduct that includes collecting personal/identifying information about another person without that explicit consent;

4.     Conduct that infringes any patent, trademark, trade secret, copyright or proprietary/intellectual property rights of ONF;

5.     Conduct that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items, the sale of which is, prohibited or regulated by applicable law;

6.     Use the ONF resources, social media or communication resources for any illegal purpose, or in violation of any local, state, territorial, national or international law, including without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;

7.     Use the ONF services to make unsolicited offers, advertisements, proposals, or send junk mail, to other members of ONF. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material of any kind, bulk mailing of commercial advertising, chain mail, informational announcements, charity request, and petitions for signatures, surveying or requests to participate in surveys or studies;

8.     Use ONF services to post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, defamatory, libelous, offensive, obscene, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically or otherwise offensive to any group or individual, intentionally misleading, false, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful.

 

ONF commonly utilizes publicly accessible community services such as public messages, forums, chats and various forms of social media. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. Your posts may remain even after you disassociate with ONF. BY SIGNING THIS AGREEMENT, YOU HEREBY ACKNOWLEDGE, UNDERSTAND AND AGREE:

 

1.    ONF services and resources allow the submission of content and materials (such as pictures, ideas, notes, concepts, or creative suggestions) by you and other members; and the collaboration, sharing and/or publishing of such member submission. You understand that through your use of the ONF services You consent to the collection, retention and use of this information.  You shall be solely responsible for your own member submissions and the consequences of posting or publishing them. In connection with member submissions, you affirm, represent and warrant that: (1) you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize ONF to use, all intellectual property and any other proprietary rights in and to any and all ONF submissions to enable inclusion and use of the member submissions in the manner contemplated by the ONF participation release and bylaws in perpetuity; and (2) you have the written consent, release and/or expressed permission of each and every identifiable individual person in the member submission to use the name or likeness of each and every such identifiable individual person in order to enable inclusion and use of the member submission in the manner contemplated by the ONF participation release and bylaws.

2.     You understand that when you use ONF services and resources (whether electronically or participating in live events) you will be exposed to member submission from a variety of sources, and that ONF is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such member submissions.  You further understand and acknowledge that you may be exposed to member submissions that are inaccurate, offensive, indecent, or objectionable. ONF assumes no responsibility whatsoever in connection with or arising from member submissions. ONF assumes no responsibility for actively monitoring member submissions for inappropriate content.  If at any time ONF chooses, in its sole discretion, to monitor member submissions, ONF nonetheless assumes no responsibility for the content of the member submissions, no obligation to modify or remove any inappropriate member submissions, and no responsibility for the conduct of the submitting member. Further, ONF does not endorse and has no control over the content of member submissions submitted by other members. ONF makes no warranties, express or implied, as to the content of members submissions or the accuracy and reliability of any member submissions. Nonetheless, ONF reserves the right to prevent you from accessing ONF information, services and resources as well as to edit, restrict or remove member submissions for any reason at any time.

3.    You hereby grant, and you represent and warrant that you have the right to grant, to ONF an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your member submission (whether electronically or other tangible form), and to grant sub-licenses of the foregoing, solely for the purpose of benefiting ONF. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to you member submission. You also hereby grant to ONF, in connection with the dissolution of ONF, the right to sell or transfer the member submission to a third party.

4.    If you provide ONF any feedback or suggestions and/or if you create, organize, design, modify, improve or embark on an endeavor for the benefit of ONF, you hereby assign to ONF all rights in that action and agree that ONF shall have the right to use such material and related information in any manner it deems appropriate.  ONF will treat any contribution you provide to ONF as non-confidential and non-proprietary. You agree that you will not submit to ONF or cause ONF to be associated with, any information or ideas that you consider to be confidential or proprietary.

 

ONF is an unofficial group and claims no responsibility for any injuries that may occur during organized events. By participating in any event, you assume full responsibility for any personal injuries that may occur. Those deciding to participate in any events that require special equipment (including but not limited to helmets for biking, special safety gear for rock climbing, or protective/reflective gear for running) and choose not to properly use such equipment or not at all, assume full risks and liabilities. By choosing to participate in any and all group activities and outings, you are agreeing to release ONF, any of its organizers or other members, from any and all liabilities.

 

By signing this agreement, you hereby authorize the capture, use and dissemination (via electronic as well as all other forms of media) of your likeness via videography, photographic image and/or textual description in any manner which ONF may be deem appropriate; for the benefit and advancement of the organization. Any request to remove and/or otherwise modify an image or textual description containing your likeness should be forwarded to the ONF board of directors.

 

You acknowledge and agree that under no circumstances, including negligence, will ONF (or its affiliates, contractors, employees, agents, or third-party partners) be liable to you for any special, indirect, incidental, punitive, reliance, consequential, or exemplary damages related to or resulting from YOUR PARTICIPATION OR MEMBERSHIP WITH ONF AS WELL AS the use of ONF Services, even if ONF or aN ONF authorized representative has been advised of the possibility of such damages. You agree that the limitations of liability set forth in this section will survive any termination or expiration of this agreement.