Home

Medical Disclaimer

When using (i) any Gym Benefit and/or (ii) the VTS’s and/or (iii) any and all related activities and events on or off of the Gym Premises available in Allup APP (“Fitness Activities”) and (iii) the Gym's locations, facilities, equipment, and premises any adjacent common areas, staircases, elevators, sidewalks, parking areas or similar areas (“Gym Premises”), you agree to the following: You understand and agree that you are voluntarily participating in Fitness Activities and assuming any and all risks that may result from participating in Fitness Activities and any related activities including but not limited to death, serious bodily injury, illness (including without limitation illness arising from infectious diseases, such as COVID-19), permanent disability, paralysis, pain, suffering and/or similar or related conditions (collectively, “Injury”). This Waiver and Release of Liability includes, without limitation, all Harm which may occur as a result of:

  1. Participation in any Fitness Activity;
  2. Negligent use of equipment or amenities by you, any other person present at Gym;
  3. Equipment or amenity malfunction;
  4. Any instruction, training, supervision, or dietary recommendations; or
  5. Your slipping, falling or suffering other physical harm whether on the Gym Premises or elsewhere in the case of any VTS. You acknowledge and agree to assume all risks of Injury.

You understand and agree that Allup APP shall NOT be required to make any effort or take any action, to protect you from any and all risks of Injury described in this Waiver and Release of Liability.

You represent and warrant to Allup APP that you are in good health and in sufficient physical condition to engage in the Fitness Activities. You acknowledge and agree that your participation in Fitness Activities and use any Gym amenity on or off the Gym Premises is entirely at your own risk. And you should consult a physician prior to participating in any workout, Services and/or undergoing any dietary or food supplement changes.

Allup App is not responsible for any property damage or loss of personal property on the Gym Premises. You acknowledge and understand that if any portion of this Waiver and Release of Liability shall be deemed by a court of competent jurisdiction to be invalid, then the remainder of this Waiver and Release of Liability shall remain in full force and effect and the offending provision or provisions severed from the valid portions.

YOU HEREBY WAIVE, RELEASE AND DISCHARGE ANY AND ALL CLAIMS OR RIGHTS THAT YOU MAY OTHERWISE HAVE TO SUE Allup App, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OWNERS, OFFICERS, AGENTS, FRANCHISORS, REPRESENTATIVES, STOCKHOLDERS AND/OR AFFILIATES FOR ANY INJURY, OR FOR ANY LOSS OF PROPERTY OR PROPERTY DAMAGE. YOU ACKNOWLEDGE AND AGREE THAT, EVEN IF THIS WAIVER AND RELEASE OF LIABILITY IS BEING PROVIDED BY YOU WITH RESPECT TO A PARTICULAR GYM, IT SHALL APPLY WITH EQUAL FORCE TO SUCH GYM AND ANY OTHER GYM THAT YOU MAY ACCESS USING THE SERVICES.

You understand that Allup App is not a Gym, and any Gyms you visit, or Products you purchase or use are operated and delivered by the applicable third-party provider and not by Allup App. We are committed to offer Services of high quality, however, we are not responsible for the quality of the service provided by the Gym or the Personal Trainers. You understand that there are certain inherent risks and dangers in exercising and that the Gym you may attend, the VTS in which you may participation and the Personal Trainers you may work with, offer a range of activity and intensity levels. You also understand and agree that the Services offer health and fitness information that is designed for informational, educational and entertainment purposes only. The use of any of the information provided through or by the Services is solely at your own risk.You have read and fully understand this Waiver and Release of Liability. You understand that you have given up substantial rights by agreeing to it, understand that this release cannot be modified orally, and you are fully aware of this Waiver and Release of Liability's legal consequences as a full release of liability for Injury, loss of property and/or property damage. You hereby agree to the terms of this Waiver and Release of Liability freely and voluntarily without any inducement, assurance, or guarantee being made to you by Allup App and/or any person or entity on its behalf. You intend that your submission of this Waiver and Release of Liability operate as a complete and unconditional release of all liability to the maximum extent allowed by law.