THIS COMPLETE WAIVER, PHOTOGRAPHY RELEASE, RELEASE OF LIABILITY AND ASSUMPTION OF RISK (“AGREEMENT”) MUST BE READ AND ACKNOWLEDGED BY EVERY PARTICIPANT DISCLAIMER:
In consideration of my acceptance into and my participation in BADASS LADY GANG (“BALG”) running, workouts and/or exercising events (the “Events”), the undersigned individual, as well as his/her heirs, assigns and legal representatives hereby expressly agrees as follows:
1. POTENTIAL DANGERS AND PHYSICAL REPRESENTATIONS. BALG helps to organize the Events. There are physical risks inherent in the Events which includes running on public streets and on facilities maintained by public and private third parties. There are physical risks inherent in running due to interaction with other BALG participants, the public and vehicles. BALG assumes no responsibility for any such risks inherent in the Events, activities undertaken hereunder or safety of myself. I acknowledge that physical exercise can be dangerous and involve risk of serious injury, paralysis and/or death. I understand that the reaction of the heart, lung and blood vessel system to exercise cannot always be predicted with accuracy. I know and understand there is a risk of certain abnormal changes which may occur during or following exercise, including, but not limited to, abnormalities of blood pressure and heart attacks. Performance of exercises may lead to muscle skeletal strains, pain and/or injury, if adequate warm-up, gradual progression and safety procedures are not followed. I understand, warrant, and agree that I am in good physical condition and that I have no disabilities, impairments or ailments that would prevent me from engaging in active or passive exercise that could be detrimental or inimical to heart, safety and/or comfort or physical condition while I engage or participate in BALG Events. I have had a recent physical check-up and have a medical physician’s permission to engage in aerobic and/or anaerobic activities.
I further confirm that I understand the risks and hazards of COVID-19 and are familiar with the Centers for Disease Control and Prevention (“CDC”), World Health Organization (“WHO”), and my local government’s guidelines regarding COVID-19. I acknowledge and understand that the circumstances regarding COVID-19 are changing from day to day and that, accordingly, the CDC, WHO and local government guidelines are regularly modified and updated and accept full responsibility for familiarizing myself with the most recent updates.
2. ASSUMPTION OF RISK. I expressly assume responsibility for any and all risks, whether identified herein or not, involved with or arising from my participation in BALG Events, including without limitation, the risk of death, bodily injury or property damage, the unavailability of emergency medical care or the negligent or deliberate actions of others.
My participation in BALG Events is purely voluntary.
3. RELEASE OF BALG/AGREEMENT NOT TO SUE. I hereby release, discharge and hold harmless BALG, its founders and location leaders, along with all of their legal successors, assigns, officers, directors, agents, principals and employees, attorneys, servants, stockholders, directors, joint venturers, subsidiaries, divisions, affiliates, partners (including both general and limited), insurance carriers, and independent contractors for any and all present and future claims, and agree not to sue them on account of or in connection with any claims, causes of action, injuries, damages, liability sustained by me, costs or expenses, arising out of my participation in BALG Events, including, without limitation, those based on death, bodily injury, or property damages, whether or not caused by the inherent risk during BALG Events, or negligence or other fault of BALG, or any other liability without fault. I understand that BALG shall not be liable for any damages arising from personal injuries sustained by me, or caused by me, while participating in and during participation of the BALG Events. BALG, its founders, and location leaders are NOT responsible for any injury, including death, to any person participating in BALG Events.
4. INDEMNIFY AND DEFEND BALG. I agree to indemnify, defend and hold harmless BALG from any and all claims, causes of action, damages, judgments, costs or expenses, including attorneys’ fees, which in any way arise out of, or relate to, my participation in BALG Events.
5. PHOTOGRAPHY RELEASE. I acknowledge that during BALG Events I may be photographed or filmed by BALG leaders, trainers, and other professional or amateur photographers. I hereby grant to BALG, its legal representatives, assignees, and those acting under its authority, the unrestricted right and permission to copyright and/or use, and/or publish photographic portraits or pictures, and the negatives, transparencies, prints, or digital information pertaining to them, in still, single, multiple, moving or video format, or in which I may be included in whole or in part, or composite, or distorted in form, or reproductions thereof, in color or otherwise, material in any media, advertising, or any other lawful purpose taken during BALG Events (“Material”). I hereby relinquish any rights to examine or approve the finished product or products or the advertising copy or printed matter that may be used in connection with an image that BALG has taken of me or my liking, or the use to which it may be applied. I waive any ownership and publication right in connection with the Material,with the exception of the personal use of the Material as part of personal modeling portfolio. I waive my right to sell, license or publish any of the Material to any person or entity. I further release BALG, and its founders, affiliates, officers, agents, servants, or employees (“Releasees”) from any claims for remuneration associated with any form of damage, foreseen or unforeseen, associated with the proper commercial or artistic use of the Material including images unless it can be shown that said reproduction was maliciously caused, produced and published for the sole purpose of subjecting me to conspicuous ridicule, scandal, reproach, scorn and indignity. I waive any and all claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, that may be sustained by me, or any of the property belonging to me, while performing the photography session, or while in, on or upon the premises where the photography session was performed. CODE OF CONDUCT Badass Lady Gang (BALG) is a community created to help you make kind connections in a safe, inclusive, and respectful way. In order to foster healthy and equitable relationships, we hold our members accountable for the way they treat each other. Our Community Guidelines help keep our members safe. They make it clear what content and conduct is not acceptable (on our platform or at our meetups, and off). Bullying and Abusive Conduct
Our community is for creating kind connections. We don’t allow content or behavior that makes any individual or group feel harassed, bullied, or targeted. This includes belittling, insulting, or intimidating behavior; making unsolicited comments about someone’s appearance; engaging in emotional abuse; blackmail; repeated unwanted contact; or wishing, encouraging, or praising acts of violence. If someone has acted in a way that you feel is bullying and/or abusive, please email info@badassladygang.com immediately.
Dangerous Organizations and Individuals We don’t permit organizations or individuals that proclaim, glorify, condone, or are known to support a violent, dangerous, or terrorist-based mission to have a presence on Badass Lady Gang.
Identity-Based Hate We aim to foster a diverse and inclusive community on BALG. We prohibit content or behavior that promotes or condones hate, dehumanization, degradation, or contempt against marginalized or minoritized communities based on the following protected attributes: race/ethnicity, national origin/nationality/immigration status, caste, sex, gender identity or expression, sexual orientation, disability or serious health condition, or religion/belief.
Inauthentic Profiles BALG celebrates authenticity, and we expect all our members to represent themselves accurately on their profile. We don’t allow impersonation or misrepresentation on our platform. This includes catfishing (i.e. creating an online persona that isn’t you) or falsely stating facts about yourself (including name, gender, age, and permanent location).
Misinformation We prohibit the sharing of demonstrably false or substantially misleading content that’s likely to cause serious harm or negatively impact individual or public safety. This includes content that directly contradicts information and guidance from leading and reputable global health organizations and public health authorities, false or misleading information on any civic process, and dangerous and unproven conspiracy-type theories.
Physical and Sexual Violence We don’t tolerate any content, imagery, or behavior that commits or threatens credible acts of physical or sexual violence. This includes physical stalking, using our platform to assist, facilitate or support exploitation or human trafficking, and sexual assault of any kind, which we define as unwanted physical contact or attempted physical contact that is sexual in nature.
Scams and Theft BALG prohibits any scam or theft activity intended to defraud or manipulate members out of financial or material resources. This includes requesting or seeking financial support, or lying about your intentions for financial gain.
Sexual Harassment We do not tolerate sexual harassment. We consider sexual harassment to be any non-physical, unwanted, and unwelcome sexual behaviors between members. This includes cyberflashing (i.e. sharing unsolicited sexually explicit images), in-person indecent exposure, sharing or threatening to share sexual or intimate images without the consent of the person involved or depicted, sending unwanted sexual comments or images, and fetishization. Spam
We do not permit any kind of unwanted or irrelevant content sent in bulk or high frequency. This includes sharing misleading or misdirecting links, creating an excessive number of accounts causing disruption to other members, or having multiple active profiles on our platform to engage in unwanted interactions.
Suicide and Self-Injury Promotional We care deeply about our members and understand that some may struggle with mental health, self-injury, suicidal thoughts, substance use, or eating disorders. While we do allow members to share personal experiences with these issues in a safe way, we don’t allow any content that depicts, promotes, glorifies, or assists in activities that could lead to suicide, self-injury, weight loss, or disordered eating or body image harm.
Violent and Graphic Content We don’t permit violent, graphic, or gory content. This includes descriptions of violence in usernames or profile content, photos containing real or realistic-appearing blood, bodily fluids, or injury, or images depicting guns of any kind (except on a uniformed member of law enforcement or military personnel).
Platform Manipulation We prioritize fostering a community built on genuine connections, so any attempts to artificially influence connections, matching, conversations, or engagement through the use of automation or scripting is strictly prohibited.
Safety Reporting Safety is a top priority at BALG. We use a combination of human moderators and automated systems to monitor and review our online community, accounts, and interactions for content that may be against our Community Guidelines or otherwise harmful.
Our members play a critical role in the safety of BALG by reporting content (email info@badassladygang.com) or behavior that may violate our Community Guidelines. If anything happens that makes you feel uncomfortable or unsafe, we highly encourage you to email info@badassladygang.com.
However, please consider that disagreeing with or disliking a member or their content is not necessarily a reason to report them. We may take action against a member if we’ve found them to be intentionally creating false or inappropriate reports against other members solely based on their protected attributes. This includes reporting transgender or nonbinary members for no reason other than their gender identity or expression or repeatedly sending false reports of bad behavior.
Enforcement Philosophy All members must comply with the platform rules described and referenced in our Community Guidelines. If you behave in a way that goes against BALG’s Community Guidelines, values, or otherwise act in any way we believe to be potentially harmful to BALG or its members, we may take a range of actions on your account or ask you not return to our in-person meetups. When determining the penalty for violating our community guidelines, we consider several factors.
For example, we may: Issue a warning Ban the offending member from our online community and in-person meetups When necessary, we also may cooperate with law enforcement to assist in potential criminal investigations related to member conduct.
Your treatment towards others outside of the BALG can also result in action against your account. If we’re made aware of harm between members on dates, meetups with friends, via text message or direct messaging platforms, or relevant alleged criminal or harmful conduct committed in your past or outside of BALG, we may take action as if it happened on our platform. If you believe we’ve made a mistake in taking action on your account or content, you can always email us at info@badassladygang.com.
|