TERMS OF SERVICE + WAIVER AGREEMENT

In consideration of enrolling as a student of HOTTR™, I represent and agree as follows:

I am or will be participating in the classes, Health Programs or Workshops (the “Programs”) offered by HOTTR™ during which I will receive information and instruction about HOT HIIT®. These Programs entail intensive physical activity (conducted in a heated room-approx. 98 degree Fahrenheit) and exertion by me. I recognize that such physical activity and exertion may be difficult and strenuous and may cause or aggravate a physical injury or medical condition. I am fully aware of and accept the risks and hazards involved.

I understand that it is my responsibility to consult with a physician prior to and regarding my participation in the Programs. I represent and warrant that I am physically fit and have no medical condition which would prevent my full participation in the Programs.

I will faithfully follow all instructions given to me by you and your instructors as to when, where, and how to perform and not to perform exercises, it being understood that any deviation by me from such instructions shall be at my own risk. I will not hold HOTTR™ responsible for any personal property left unattended in the studio.

In further consideration of being permitted to participate in the Programs, I knowingly, voluntarily and expressly waive any claim I may have or acquire against HOTTR™, or the Landlord, or any premises at which it may operate, for any injury, condition, or damages that I may sustain as a result of entering or being on the premises or participating in the Programs.

HOTTR offers the following classes or series of classes.

New Client 14 Days Unlimited - Expires in 14 days

Unlimited Recurring Monthly - Renews every 28 days

8 Sessions Per Month - Darien Only - 3 month commitment, 2 sessions per month

1 Session - Expires in 30 days

5 Sessions - Expires in 6 months

10 Sessions - Expires in 6 months

20 Sessions - Expires in 6 months

I understand that there are no extensions on expiration dates and that all classes are non-refundable.

Protecting your private information is our priority. This Statement of Privacy applies to hottrfitness.com and Jes Lambiase Fitness LLC and governs data collection and usage. For the purpose of this privacy policy, unless otherwise noted, all references to Jes Lambiase Fitness LLC include hottrfitness.com and HOTTR™. The HOTTR™ website is an information and booking site. By Using the HOTTR™ website, you consent to the data practices described in this statement.

Collection of your Personal Information.
In order to better provide you with products and services offered, HOTTR™ may collect personally identifiable information such as you:

-First and Last name
-Mailing Address
-E-mail Address
-Phone Number

If you purchase HOTTR™’s products and services, we collect billing and credit card information. This information is used to complete the purchase transaction.

HOTTR™ may also collect anonymous demographic information, which is not unique to you, such as your:

-Age
-Gender

We do not collect any personal information about you voluntarily provide it to us.
HOTTR™ collects and uses your personal information to operate and deliver the services you have requested.

ASSUMPTION OF RISK, WAIVER OF LIABILITY,

RELEASE, AND INDEMNIFICATION AGREEMENT

This Agreement is entered into between HP DARIEN LLC, MCROUS LLC (collectively, the "Company"), and the undersigned Participant.

DEFINITIONS

"Facilities" means any location, premises, studio, or virtual platform where Activities occur.

"Released Parties" means HP DARIEN LLC, MCROUS LLC, and each of their respective members, managers, officers, directors, employees, instructors (whether employees or independent contractors), agents, affiliates, successors, assigns, landlords, property owners, and equipment manufacturers.

NATURE OF ACTIVITIES AND ASSUMPTION OF RISK. I understand that the Activities involve intensive physical exertion conducted in environments that may be heated to 100 degrees Fahrenheit or higher. I acknowledge and expressly assume all risks associated with participation, whether known or unknown, including but not limited to: heat stroke; heat exhaustion; dehydration; syncope (fainting); dizziness; nausea; rhabdomyolysis; cardiac events including heart attack; musculoskeletal injuries including sprains, strains, fractures, and dislocations; aggravation of pre-existing conditions; communicable diseases including COVID-19 and other respiratory illnesses; and injury or death. I understand these risks cannot be eliminated regardless of the care taken by the Released Parties.
REPRESENTATIONS AND WARRANTIES. I represent and warrant that: (a) I have consulted with a licensed physician and received approval to participate in the Activities; (b) I am physically capable of participating and have no medical condition that would make my participation inadvisable; (c) I am not pregnant, or if pregnant, I have received written clearance from my obstetrician; (d) I will immediately cease participation and notify an instructor if I experience any discomfort, pain, or unusual symptoms; and (e) I am at least eighteen (18) years of age or, if under eighteen, my parent or legal guardian has signed this Agreement on my behalf.
CONTINUING DUTY TO DISCLOSE. I understand it is my continuing obligation to inform instructors of any medical conditions, injuries, surgeries, medications, or pregnancies before each class and whenever my health status changes. Failure to disclose material health information constitutes a breach of this Agreement.
PHYSICAL ADJUSTMENTS. I understand that instructors may provide physical adjustments or hands-on corrections during Activities. I am responsible for informing the instructor before class if I do not wish to be touched. Absent such notification, I consent to reasonable physical adjustments.
COMMUNICABLE DISEASE ACKNOWLEDGMENT. I acknowledge that participation in Activities in enclosed, heated environments creates an elevated risk of exposure to communicable diseases, including COVID-19 and its variants. I voluntarily assume this risk and agree to follow all posted health and safety protocols. I will not attend if I am experiencing symptoms of any contagious illness.
WAIVER AND RELEASE OF LIABILITY. In consideration of being permitted to participate in the Activities, I, for myself and on behalf of my heirs, executors, administrators, personal representatives, and assigns, hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE the Released Parties from and against any and all claims, demands, causes of action, damages, losses, or liabilities of any kind, whether arising from NEGLIGENCE of the Released Parties or otherwise, to the fullest extent permitted by law, arising out of or related to: (a) my participation in the Activities; (b) my use of the Facilities or any equipment; (c) any first aid, emergency treatment, or other care rendered to me; or (d) any act or omission of the Released Parties.
INDEMNIFICATION. I agree to INDEMNIFY, DEFEND, AND HOLD HARMLESS the Released Parties from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) my participation in the Activities; (b) my breach of any representation, warranty, or obligation in this Agreement; (c) my negligent or willful acts or omissions; or (d) any claim brought by or on behalf of a minor for whom I have signed this Agreement.
MEDICAL EMERGENCY AUTHORIZATION. In the event of a medical emergency, I authorize the Released Parties to contact emergency medical services and to share any relevant health information I have provided. I assume all responsibility for costs of emergency medical treatment.
PERSONAL PROPERTY. The Released Parties are not responsible for loss, theft, or damage to personal property brought to the Facilities, including items left in lockers, cubbies, vehicles, or common areas.
MEDIA RELEASE. I grant the Company the irrevocable, perpetual, worldwide right to photograph, film, and record my likeness and voice during Activities, and to use such media for promotional, educational, or commercial purposes without compensation or further consent.
NO REFUNDS. All fees paid are non-refundable. Any refund is at the sole discretion of the Company.
RIGHT TO REFUSE PARTICIPATION. The Company reserves the right to refuse my participation in any Activity at any time, for any reason. I agree I have no claim against the Released Parties by reason of such refusal, except for a pro-rated monetary refund if applicable.
ARBITRATION AND CLASS ACTION WAIVER. Any dispute, claim, or controversy arising out of or relating to this Agreement or the Activities shall be resolved exclusively through binding arbitration administered by JAMS under its Comprehensive Arbitration Rules. The arbitration shall be conducted in Fairfield County, Connecticut, before a single arbitrator. I WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. Each party shall bear its own costs, except the prevailing party shall be entitled to recover reasonable attorneys' fees.
GOVERNING LAW AND JURISDICTION. This Agreement shall be governed by and construed in accordance with the laws of the State of Connecticut, without regard to conflicts of law principles. For any claims not subject to arbitration, the parties consent to exclusive jurisdiction in the state and federal courts of Connecticut.
SEVERABILITY. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. If the waiver of liability for negligence is deemed unenforceable in any jurisdiction, the waiver shall remain enforceable to the maximum extent permitted by law, and all other provisions shall remain valid.
ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties and supersedes all prior representations, statements, or inducements, whether oral or written.
ELECTRONIC SIGNATURE. I agree that my electronic signature is the legal equivalent of my manual signature on this Agreement.

ACKNOWLEDGMENT: I HAVE CAREFULLY READ THIS AGREEMENT. I UNDERSTAND THAT BY SIGNING, I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE. I SIGN THIS AGREEMENT VOLUNTARILY AND WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE.

DEFINITIONS

"Activities" means all HOT HIIT®, HOTTR™, yoga, and fitness classes, retreats, trainings, workshops, streaming classes, and any related activities offered by the Company, whether in-person or virtual. These Activities are voluntary recreational activities undertaken for personal benefit and enjoyment.

"Facilities" means any location, premises, studio, or virtual platform in Florida where Activities occur.

"Inherent Risks" means those dangers and conditions that are characteristic of, integral to, or an unavoidable part of the Activities, which cannot be eliminated without fundamentally altering the nature of the Activities.

"Released Parties" means HOTTR LLC, MCROUS LLC, and each of their respective members, managers, officers, directors, employees, instructors (whether employees or independent contractors), agents, affiliates, successors, assigns, landlords, property owners, and equipment manufacturers.

VOLUNTARY PARTICIPATION IN RECREATIONAL ACTIVITY. I acknowledge that my participation in the Activities is entirely voluntary. I am under no obligation or compulsion to participate. I choose to participate for my own personal benefit, enjoyment, and physical fitness. I understand that I may decline to participate or cease participation at any time without penalty.
NATURE OF ACTIVITIES AND INHERENT RISKS. I understand that the Activities involve intensive physical exertion conducted in environments heated to 100 degrees Fahrenheit or higher. I have been fully informed of, and I understand, the Inherent Risks of these Activities, which include but are not limited to:

(a) Heat-related risks: heat stroke, heat exhaustion, hyperthermia, dehydration, electrolyte imbalance, and related complications;

(b) Cardiovascular risks: elevated heart rate, cardiac arrhythmia, heart attack, stroke, and sudden cardiac events;

(d) Musculoskeletal risks: muscle strains, sprains, tears, tendon injuries, ligament injuries, fractures, dislocations, rhabdomyolysis, and joint injuries;

(e) Respiratory risks: difficulty breathing, hyperventilation, and exacerbation of asthma or other respiratory conditions;

(f) Communicable disease risks: exposure to COVID-19, influenza, and other contagious illnesses in enclosed, heated environments with other participants;

(g) Equipment and environmental risks: slipping on wet surfaces, falling, contact with equipment, burns from heated surfaces, and injuries from other participants; and

(h) Other risks: aggravation of known or unknown pre-existing conditions, and death.

I UNDERSTAND AND ACKNOWLEDGE THAT THESE INHERENT RISKS CANNOT BE ELIMINATED REGARDLESS OF THE CARE TAKEN BY THE RELEASED PARTIES, AND THAT INJURY, DISABILITY, OR DEATH MAY RESULT FROM PARTICIPATION.

EXPRESS ASSUMPTION OF RISK. HAVING BEEN FULLY INFORMED OF THE INHERENT RISKS DESCRIBED ABOVE, I VOLUNTARILY AND EXPRESSLY ASSUME ALL RISKS OF INJURY, ILLNESS, DISABILITY, OR DEATH THAT MAY RESULT FROM MY PARTICIPATION IN THE ACTIVITIES, WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE. I understand that this express assumption of risk is a complete bar to any recovery by me or my heirs against the Released Parties for injuries arising from the Inherent Risks of the Activities. I make this assumption of risk freely, voluntarily, and with full knowledge and understanding of its legal significance.
REPRESENTATIONS AND WARRANTIES. I represent and warrant that: (a) I have consulted with a licensed physician and received approval to participate in intensive physical activities in heated environments; (b) I am physically capable of participating and have no medical condition, injury, or disability that would make my participation inadvisable or increase my risk of injury; (c) I am not pregnant, or if pregnant, I have received written clearance from my obstetrician specifically approving participation in heated fitness activities; (d) I will immediately cease participation and notify an instructor if I experience any pain, discomfort, dizziness, nausea, or unusual symptoms; (e) I will follow all instructions and safety guidelines provided by instructors; and (f) I am at least eighteen (18) years of age or, if under eighteen, my parent or legal guardian has signed this Agreement on my behalf.
CONTINUING DUTY TO DISCLOSE. I understand it is my continuing obligation to inform instructors of any medical conditions, injuries, surgeries, medications, or pregnancies before each class and whenever my health status changes. I acknowledge that my failure to disclose material health information may increase my risk of injury and constitutes a breach of this Agreement.
PHYSICAL ADJUSTMENTS. I understand that instructors may provide physical adjustments or hands-on corrections during Activities. I am responsible for informing the instructor before class if I do not wish to be touched. Absent such notification, I consent to reasonable physical adjustments.
COMMUNICABLE DISEASE ACKNOWLEDGMENT. I acknowledge that participation in Activities in enclosed, heated environments creates an elevated risk of exposure to communicable diseases, including COVID-19 and its variants. I voluntarily assume this risk as an Inherent Risk of the Activities. I agree to follow all posted health and safety protocols. I will not attend if I am experiencing symptoms of any contagious illness or have been recently exposed to a contagious illness.
RELEASE OF CLAIMS. In consideration of being permitted to participate in the Activities, I, for myself and on behalf of my heirs, executors, administrators, personal representatives, and assigns, hereby RELEASE, WAIVE, AND DISCHARGE the Released Parties from any and all claims, demands, causes of action, damages, losses, or liabilities of any kind arising from or related to the Inherent Risks of the Activities as described herein, to the fullest extent permitted by Florida law.
COVENANT NOT TO SUE. I covenant and agree that I will not sue or bring any claim, action, or proceeding against the Released Parties for any injury, illness, disability, or death arising from or related to my participation in the Activities or use of the Facilities, including claims arising from the Inherent Risks described herein or from conditions of the Facilities. This covenant shall be binding upon me, my heirs, executors, administrators, and assigns.
INDEMNIFICATION. I agree to INDEMNIFY, DEFEND, AND HOLD HARMLESS the Released Parties from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees and costs through all appeals) arising out of or related to: (a) my participation in the Activities; (b) my breach of any representation, warranty, or obligation in this Agreement; (c) my negligent or intentional acts or omissions; (d) any injury I cause to other participants or third parties; or (e) any claim brought by or on behalf of a minor for whom I have signed this Agreement. This indemnification obligation shall survive termination of this Agreement.
COMPARATIVE FAULT ACKNOWLEDGMENT. I acknowledge that under Florida's comparative fault system (Florida Statutes § 768.81), my own negligence or fault in causing or contributing to any injury may reduce or bar any recovery. I agree that my failure to follow safety instructions, my failure to disclose health conditions, my overexertion, my failure to properly hydrate, or my continuation of activity despite warning signs constitutes contributory negligence on my part.
MEDICAL EMERGENCY AUTHORIZATION. In the event of a medical emergency, I authorize the Released Parties to contact emergency medical services and to share any relevant health information I have provided to facilitate my treatment. I assume all responsibility for costs of emergency medical treatment. This authorization is given pursuant to Florida law governing emergency medical care.
PERSONAL PROPERTY. The Released Parties are not responsible for loss, theft, or damage to personal property brought to the Facilities, including items left in lockers, cubbies, vehicles, or common areas. I assume all risk of loss for my personal belongings.
MEDIA RELEASE. I grant the Company the irrevocable, perpetual, worldwide right to photograph, film, and record my likeness and voice during Activities, and to use such media for promotional, educational, or commercial purposes in any medium now known or hereafter developed, without compensation or further consent. I waive any right to inspect or approve such materials.
NO REFUNDS. All fees paid are non-refundable. Any refund is at the sole discretion of the Company.
RIGHT TO REFUSE PARTICIPATION. The Company reserves the right to refuse my participation in any Activity at any time, for any reason, including concerns about my health or safety. I agree I have no claim against the Released Parties by reason of such refusal, except for a pro-rated monetary refund if applicable.
ARBITRATION AND CLASS ACTION WAIVER. Any dispute, claim, or controversy arising out of or relating to this Agreement or the Activities shall be resolved exclusively through binding arbitration administered by JAMS under its Comprehensive Arbitration Rules, or by the American Arbitration Association if JAMS is unavailable. The arbitration shall be conducted in the county where the Facility is located, before a single arbitrator. The arbitrator shall apply Florida substantive law. I WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR REPRESENTATIVE PROCEEDING. The arbitrator's decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction. Each party shall bear its own costs and attorneys' fees, except as otherwise provided by law.
GOVERNING LAW AND JURISDICTION. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflicts of law principles. For any claims not subject to arbitration, the parties consent to exclusive personal jurisdiction and venue in the state and federal courts located in the county where the Facility is located.
SEVERABILITY. If any provision of this Agreement is held invalid, unenforceable, or contrary to Florida law, the remaining provisions shall remain in full force and effect. Specifically, if any release or waiver provision is deemed unenforceable as to claims of negligence under Florida law, the express assumption of risk provisions, the covenant not to sue, and the indemnification provisions shall remain fully enforceable, and any waiver shall be enforced to the maximum extent permitted by Florida law. The parties intend that the express assumption of risk provisions operate independently of any release provisions.
ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties regarding its subject matter and supersedes all prior representations, statements, or inducements, whether oral or written. No modification of this Agreement shall be effective unless in writing and signed by both parties.
ELECTRONIC SIGNATURE. I agree that my electronic signature is the legal equivalent of my manual signature on this Agreement, pursuant to Florida's Uniform Electronic Transaction Act (Florida Statutes Chapter 668).

KNOWING AND VOLUNTARY EXECUTION. I acknowledge that I have had sufficient time to read and consider this Agreement. I have been advised of my right to consult with an attorney before signing. I am signing this Agreement freely and voluntarily, without coercion or duress, and with full understanding of its terms and legal consequences.

DOWNLOAD APP BLOG CAREERS ACCOUNT

TERMS OF SERVICE + WAIVER AGREEMENT