TERMS & CONDITIONS
DibFit Cycle is not responsible in any way for the safekeeping of your personal belongings while attending a class. By attending classes, events, activities, and other programs and using DibFit Cycle studio facilities, website, or equipment, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in the strenuous nature of a workout program as well as contracting COVID-19. You acknowledge that you have voluntarily chosen to participate in a program of intense physical exercise in a group class setting. You acknowledge that DibFit Cycle strongly recommends that you consult with your physician prior to commencing any class. You also acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You acknowledge that by attending in studio classes, you are assuming responsibility for yourself and accepting the risk for contracting COVID-19. DibFit Cycle is not responsible or liable for you should you contract COVID-19. DibFit Cycle is not responsible in any way for the safekeeping of your personal belongings while attending a class. By attending classes, events, activities, and other programs and using BURN Collective studio facilities, website, or equipment, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in the strenuous nature of a workout program as well as contracting COVID-19. You acknowledge that you have voluntarily chosen to participate in a program of intense physical exercise in a group class setting. You acknowledge that DibFit Cycle strongly recommends that you consult with your physician prior to commencing any class. You also acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You acknowledge that by attending in-studio classes, you are assuming responsibility for yourself and accepting the risk for contracting COVID-19. DibFit Cycle is not responsible or liable for you should you contract COVID-19. All members must be at least 18 years of age and sign the DibFit Cycle, Daniela Dib Fitness Inc. release form to book and attend in-studio classes. A parent or legal guardian may allow a 16 or 17 year old minor to attend in-studio class if the adult member agrees to sign the appropriate release forms for the minor. Minors under the age of 12 may not use DibFit Cycle facilities at any time and must be accompanied by a parent or guardian at all times when in the facilities. At all times, you shall comply with all stated and customary terms, COVID policies, rules, and verbal instructions given to you by your instructor. Our ultimate goal is to provide a safe environment for everyone!
PHOTOGRAPHY & VIDEO RELEASE
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I, the undersigned, agree as follows:
I/We agree to be photographed, recorded and videotaped by DibFit Cycle and its agent s (“Daniela Dib Fitness Inc.” ) in connection with my participation in DibFit Cycle/We hereby irrevocably authorize Company and its affiliates to copyright, publish, reproduce, exhibit, transmit, broadcast, televise, digitize, display, otherwise use, and permit others to use, (a) my name, image, likeness, and voice, and (b) all photographs, recordings, videotapes, audiovisual materials, writings, statements, and quotations of or by myself (collectively, the “Materials”), in any manner, form, or format whatsoever now or hereinafter created, including on the Internet, and for any purpose, including, but not limited to, advertising or promotion of Company, its affiliates, or their services, without further consent from or payment to me.
It is understood that all of the Materials, and all films, audiotapes, videotapes, reproductions, media, plates, negatives, photocopies, and electronic and digital copies of the Materials, are the sole property of Company. I agree not to contest the rights or authority granted to Company hereunder. I hereby forever release and discharge Company, its employees, licensees, agents, successors, and assigns from any claims, actions, damages, liabilities, costs, or demands whatsoever arising by reason of defamation, invasion of privacy, right of publicity, copyright infringement, or any other personal or property rights from or related to any use of the Materials. I understand that Company is under no obligation to use the Materials.
DibFit Cycle does not permit or allow sexual abuse or molestation to occur in its workplace or at any activity sponsored by or related to it. To make this “zero—tolerance” policy clear to all instructors, volunteers and members, we have adopted mandatory procedures that individuals and victims must follow when they learn of or witness sexual abuse or molestation. Those reasonably suspected or believed to have committed sexual abuse or misconduct will be appropriately disciplined, up to and including termination of employment or membership, as well as criminally prosecuted. No instructor, volunteer, member or other person, regardless of his or her title or position has the authority to commit or allow sexual abuse or misconduct. Sexual abuse includes sexual assault, exploitation, molestation or injury. It does not include sexual harassment, which is another form of behavior which is prohibited by BURN Collective.
Reporting Procedure: Immediately report suspected sexual abuse or misconduct to Alyssa Negard dibfitcycle@gmail.com. It is not required to directly confront the person who is the source of the report, question or complaint before notifying any of the individuals listed. DibFit Cycle will take every reasonable measure to ensure that those named in complaint of misconduct or are too closely associated with those involved in the complaint will not be part of the investigative team.
Investigation & Follow Up : DibFit Cycle will take all allegations of sexual abuse or misconduct seriously and will promptly, thoroughly, and equitably investigate whether misconduct has taken place. BC may utilize an outside third party to conduct an investigation of misconduct. DibFit Cycle will cooperate fully with any investigation conducted by law enforcement or other regulatory/protective services agencies. To the fullest extent possible, but consistent with our legal obligation to report suspected abuse to appropriate authorities, we will endeavor to keep the identities of the alleged victims and investigation subject confidential.
If the investigation substantiates the allegation, our policy provides for disciplinary penalties, including but not limited to termination of the relationship with DibFit Cycle.
Retaliation Prohibited : We prohibit any retaliation against any individual, who in good faith reports sexual abuse, alleges that it is being committed or participates in the investigation. Intentionally false or malicious accusations of sexual abuse are prohibited.
Anyone who improperly retaliates against someone who has made a good faith allegation of sexual abuse, or intentionally provides false information to that effect, will be subject to discipline, up to and including termination.
Reporting to Law Enforcement or Appropriate Child or Adult Protective Services : DibFit Cycle is committed to following the state and federal legal requirements for reporting allegations or incidents of sexual abuse or misconduct to appropriate law enforcement and child or adult protective services organizations. It is the policy of BC not to attempt to investigate or assess the validity or credibility of an allegation of sexual or physical abuse as a condition before reporting the allegation to proper law enforcement authorities or protective services organizations.