Pineapple Life Online LLC owns all copyright rights in the text, images, photographs, video, audio, graphics, user interface, and other content provided within the Services, and the selection, coordination, and arrangement of such content (whether by us or by you), to the full extent provided under the copyright laws of the United States and other countries. Except as expressly provided in this Agreement, the client (you) is prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of the Services for any purposes, and nothing otherwise stated or implied in the Services confers on you any license or right to do so.
This Agreement is not transferable outside of Your account and must be agreed to by the person authorized on the Pineapple Online account (You), by checking "I accept these terms" when You create your account. You also guarantee and warrant that You are the legal accountholder for this credit card or checking account, and that You are legally authorized to enter into this recurring billing agreement with Pineapple Online. You agree to indemnify, defend and hold Pineapple Online harmless, against any liability pursuant to this authorization. You also agree that You will not dispute any charges from Pineapple Online unless You have already attempted to rectify the situation directly with Pineapple Online and those attempts have failed. Lastly, You agree to all details of the plan You have selected and agree to be bound by those parameters.
WAIVER AND RELEASE OF LIABILITY
In consideration of the risk of injury while participating in online fitness classes (the "Activity"), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Pineapple Life Online LLC, located at 7725 Center Blvd SE, Snoqualmie, Washington 98065, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE. NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.
I agree to indemnify and hold harmless Pineapple Life Online LLC against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Pineapple Life Online LLC incurs any of these types of expenses, I agree to reimburse Pineapple Life Online LLC.
I acknowledge that Pineapple Life Online LLC and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Pineapple Life Online LLC.
I ACKNOWLEDGE THAT THIS ACTIVITY MAY INVOLVE A TEST OF A PERSON'S PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY, AND PROPERTY LOSS. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment and actions of others.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Pineapple Life Online LLC AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Pineapple Life Online LLC FOR PERSONAL INJURY OR PROPERTY DAMAGE.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Pineapple Life Online LLC, its agents, and employees.
In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
This Agreement was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant (YOU) and Pineapple Life Online LLC agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
WorkWell Addendum (applicable for participating WorkWell employees)
In consideration of participation in online classes provided by your Employer’s wellness provider, Pineapple Life Online LLC (“Pineapple Life” or “Pineapple Online), the undersigned, individually and on behalf of their personal representative and next of kin:
- 1. Acknowledges, agrees and represents that they are in good health and without any known physical condition which could be expected to result in health problems during or following moderate exercise; and
- 2. Acknowledges, agrees and understands that risk of injury from activities involved in sporting events, exercise or other physical activity is significant and while rules, protective equipment and personal discipline and/or care may reduce personal risk, the risk of serious injury does exist; and
- 3. Acknowledges, agrees and promises to comply with rules, policies and conditions of participation to reduce and/or prevent risk to self and others; and
- 4. Hereby knowingly and freely assumes full responsibility and all risks, both known and unknown, associated with the participation of the undersigned in any activities, whether in person or online, offered by or through Pineapple Life; and
- 5. Hereby releases and discharges and covenants not to sue either [your Employer] Corporation or Pineapple Life, nor their respective agents, officers and employees from and for any and all liability for all loss or damages and any claims or demands thereafter, on account of injury to the person or property of the undersigned, including death, arising from the participation in wellness activities provided by Pineapple Life by the undersigned; and agree to indemnify and hold each of Pineapple Life, your Employer and their agents harmless from any loss, liability, damage or cost, including reasonable attorney fees they may incur as a result of the undersigned’s participation in such activities.
BY purchasing and/or creating an account on Pineapple Online, you agree to these terms.