Terms of Use

COPYRIGHT NOTICE

All of the Content you see on this Web site, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Well Reserved LLC, one of its affiliates or by third parties who have licensed their materials to Well Reserved LLC. The entire Content of the Wellreservedspace.com Web site is copyrighted as a collective work under U.S. copyright laws, and Well Reserved LLC owns a copyright in the selection, coordination, arrangement and enhancement of the Content. The Content of the Wellreservedspace.com Web site, and the site as a whole, are intended solely for personal, noncommercial use by the users of our site. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non-commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Well Reserved LLC reserves complete title and full intellectual property rights in any Content you download from this Web site. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from Well Reserved LLC.

SUBMISSIONS

We welcome your feedback regarding the Wellreservedspace.com web site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to Wellreservedspace.com shall be and remain the exclusive property of Well Reserved LLC. Your submission of any such Comments shall constitute an assignment to Well Reserved LLC of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Well Reserved LLC will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

DISCLAIMER

This site and all contents of this site are provided on an "as is" basis without warranties of any kind, either express or implied, including without limitation warranties of title or fitness for a particular purpose. You acknowledge, by your use of this site, that your use of this site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our site, and that Well Reserved LLC shall not be liable for any damages of any kind related to your use of this site. While we will make every effort to keep content on this site current, we do not guarantee it is the most up to date information available. For up-to-the-minute information on class changes, contact information and any other information regarding Well Reserved, its operations, programs, and offers, please contact  Well Reserved Club via the corporate contact information provided on this site.

INDEMNIFICATION

You agree to defend, indemnify and hold Well Reserved LLC harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the site.

GENERAL RELEASE AND WAIVER OF LIABILITY

In consideration of my use of the exercise equipment and facilities and/or my participation in activities provided by the company, I expressly agree and contract, on behalf of myself, my heirs, executors, administrators, agents, distributes, successors, guardians, next of kin, and assigns, that the company and its partners, insurers, employees, officers, directors, and associates, shall not be liable for any damages arising from personal injuries (including death) sustained by me, on, or about the premises, or as a result of the use of the equipment or facilities.

You agree to be solely responsible for your own safety and well-being. You understand that the company does not provide supervision, instruction, or assistance for the use of the facilities and equipment. You agree to comply with all rules imposed by the company regarding the use of the facilities and equipment or during their activities. You agree to conduct yourself in a controlled and reasonable manner at all times, and to refrain from using any equipment in a manner inconsistent with its intended design and purpose. You understand and acknowledge that the use of exercise equipment involves risk of serious injury, including permanent disability and death. By utilizing the facility and equipment, you understand that you may be exposing yourself to many inherent risks, including accidents, illness, injury or even death, and you assume all risks associated with your use of the facility.

By the execution of this agreement, you accept and assume full responsibility for any and all injuries, damages (both economic and non-economic), and losses of any type, which may occur to you as a result of the use of the facilities associated with the company. You hereby fully and forever release and discharge the company, its partners, insurers, employees, officers, directors, associates, and agents from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from or arising out of the use of said equipment and facilities.

You expressly agree to indemnify, defend and hold harmless the company and its partners, insurers, employees, officers, directors, associates and agents against any and all liability, claims, damages, liens, demands, suits, judgments, loss, cost and/or expense, paid or incurred by Company or any company party, or asserted against any of them (including attorney’s fees, court costs and disbursements) caused in whole or in part, by, or arising directly or indirectly of your use of the facility and/or your breach of this Waiver, and from any and all causes of action of whatever kind or nature, now or hereafter existing, whether known or unknown, present or future, foreseen or unforeseen, of any person or entity that may arise from injuries or damages sustained in connect with your use of the facilities provided by the company, whether caused by the negligence of the company or a company party or agent, that may arise from your use of the facility, including, without limitation any damage to property or bodily and/or personal injury in connection therewith.

You understand that Well Reserved, LLC will from time to time have employees or sub-contractors host events and activities in which instruction will be provided. By your participation in these events/activities, you agree to follow the instructor’s recommendations throughout the event/activity, and hereby waive all claims against Well Reserved, its employees or sub-contractors in the event of any injury or potential claim sustained during such activity. You are voluntarily joining in the activity for the benefit of the physical activity, and are fully aware of the physical risks associated with such activities, and waive all claims in connection therewith.

You hereby waive any protections afforded by any statute or law in any jurisdiction whose purpose, substance and/or effect is to provide that a general release shall not extend to claims, materials or otherwise, which person giving the release does not know or suspect to exist at the time of executing the release. This means, in part, that you are hereby releasing any and all unknown future claims.

You understand and agree that the company is not responsible and shall not be held liable for personal property that is lost, stolen, or damaged while in, on, or about the premises. If necessary, the company may repair, at your expense, all damage to the Facility caused by you, and you agree to fully pay company on demand any amounts so expended.

You understand and agree that your use of the facilities and equipment is only to be undertaken on your own personal time, and that your use of the facilities and equipment is not within the course or scope of your employment.

By entering a Well Reserved, LLC facility, by using their equipment or in joining in a group session hosted by Well Reserved, LLC, you acknowledge that there is an assumption of potential exposure to the Coronavirus and any and all consequences that may result from such exposure, including but not limited to physical injury, pain, suffering, illness, disability, death or economic loss. You hereby acknowledge the potential risks associated with the Coronavirus and waive all potential claims associated therewith in my voluntary and consensual use of Well Reserved facilities, equipment or activities. In the event there are any guidelines imposed by Well Reserved in accordance with CDC, NYS or another agency’s recommendations to protect the safety and wellbeing of the patrons of Well Reserved, you fully agree to comply with said guidelines, including but not limited to mask wearing, temperature taking and social distancing.

If any provision of this General Release and Waiver is held to be illegal, invalid or unenforceable, then and in such event, it is the express intention of the Parties that the remainder of the instant agreement, or the application of such terms, clauses of provision other than to those as to which it is held illegal, invalid and unenforceable, shall not be affected thereby, and each term, clause or provision of this agreement, and the application thereof, shall be legal, valid and enforceable to the fullest extent permitted by law. It is the express intention of the Parties that this agreement be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.

The provisions of this agreement shall remain in full force and effect even after the termination of the activities conducted by you at the facility.

You hereby certify that you have read and fully understand the terms and conditions of this Release and Waiver, and that you may have given up substantial rights by signing it. You sign it freely and voluntarily without any inducement. You agree to abide by and be bound by the terms and conditions of this agreement.

BY PURCHASING SESSIONS FOR YOU AND OTHERS IN YOUR GROUP THAT PARTICIPATE, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND HAVE VOLUNTARILY EXECUTED THIS DOCUMENT WITH FULL KNOWLEDGE OF ITS CONTENT.