Mountain Range of Motion, LLC: Wellness Participation Agreement and Liability Waiver
Mountain Range of Motion, LLC offers group athletic performance enhancement and injury prevention fitness programs (“Programs”). As a condition of participation in our program, you agree to the following. If you do not agree, do not participate in our on-line programs.
You attest that you are at least 18 years old to participate in our program(s). We do not intend for our program(s) to be used by individuals younger than 18. If you are not 18 years old, you must obtain parental consent to participate in our online programs. By participating in our program(s), you attest that you are at least 18 years old or you are a parent giving consent for your minor child to participate in our program.
We recommend you obtain medical clearance from your primary care provider before participating in our on-line program. Your participation in our Programs is solely at your own risk whether you obtain medical clearance or not. You knowingly and freely assume all such risks, both known and unknown, and assume full responsibility for your participation.
You understand that although our program instructors may be physical therapists, our Programs are not physical therapy interventions or advice. You acknowledge and agree that we have not examined you (and have no duty to examine you) and no patient/client-therapist relationship has or will be established by you watching or participating in our Programs. As such, our Programs are not covered physical therapy benefits under any health plan. Therefore, payment for our services will be required in advance or at the time of service.
Our Programs are for generally healthy people and are not intended to address any specific medical or physical problems, pain or dysfunction that you might be having. If you have pain, discomfort or disabilities that are limiting your performance, work or activities of daily living, you should see a physician or physical therapist in your area for an examination before you participate in our program(s). If it becomes evident that you might benefit from a physical therapy or other medical consultation, we may recommend a physical therapy consultation with us or refer you to a provider in your area.
You understand that there are risks in participating in any exercise program. You may be at risk for injuries, including but not limited to tendinitis and muscle strains, back or neck injuries, paralysis, cardiovascular events or even death. If an exercise requires balance, you could be at risk for falling, which could result in fracturing bones. You may also experience muscle soreness from working muscles that are weak or deconditioned. When using exercise equipment, such as weights, resistance bands or therapeutic balls, there are always risks that the equipment may malfunction or fail, potentially causing injury, especially if it is not properly used. We do not claim that our athletic performance program(s) will result in any particular or specific therapeutic, performance or other outcome.
You understand that since our Programs are not considered physical therapy, they are not “telehealth” sessions even if we use a telehealth platform to deliver our Program. Therefore, state and federal health care privacy laws (such as HIPAA) do not apply and you that should have no expectation of privacy while participating in our online Programs. As such, you should not disclose information about yourself that you do not want other participants to know.
You acknowledge and accept the potential technology risks of participating in an online program, including but not limited to the risk of (1) interruption of the audio/video link, (2) disconnection of the audio/video link, (3) video that may not be clear, and (4) potential of unauthorized access to the live or recorded session. We are not responsible for these or other technology problems.
Intellectual Property Rights. Our ski fitness programs are proprietary exercise programs developed with significant time and other resource investments. In the provision of our programs, we may provide you with copyrightable works, including but not limited to exercise protocols and handouts, videos and educational resources. By providing access to or copies of our intellectual property to you, we are giving you permission to use the materials for your own personal, noncommercial use. You agree not to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the intellectual property we provide to you without our explicit consent.
Photos and Videos. The exercise classes will be recorded under the setting of active speaker view where only the active speaker's image will be recorded (even if you are able to view the gallery view of the class during the sessions). The instructor will notify you at the beginning of the class that the recording will be starting and remind you to mute your screen if you do not want your image/audio recorded (if you join the class late remember to mute before joining). If you have a question during the class, you may unmute and your screen and audio/video will be recorded (may also turn camera off if you do not want your image recorded while speaking).
You understand that if you unmute your screen during the recording that you are consenting to your image/audio in photos/videos being used by Mountain Range of Motion, LLC for educational purposes for weekly class recordings for yourself and other class participants without any expectation of attribution or compensation. There will be time at the beginning and end of the session that will not be recorded in case you have questions that you want to ask without being recorded. The recorded class link will be made available to you and other participants that have booked the class for 30 days.
Payment and Cancelations. If the program you register for is live, you are required to register and pay for the program at least 24 hours in advance of the live program. If you purchase a series of scheduled live sessions, you are expected to log-in per our instructions at the scheduled time. No refunds will be provided if you log-in late or miss a session.
Subscription plans: If you have purchased a subscription for wellness videos you will be charged on a monthly basis until the plan is cancelled. You may cancel at anytime after your initial purchase under the membership page.
You agree, on behalf of yourself and your heirs, assigns, personal representatives and next of kin, to assume these and all injury risks and waive all liability against Jessica Buja, PT, DPT and Mountain Range of Motion, LLC, its officers, members, employees, subcontractors, agents, assigns and other participants and sponsoring agencies (“Releasees”) for any and all claims, lawsuits, damages, liability, costs and expenses, including reasonable attorneys’ fees, for any personal injury or personal property damage claims, disability, death, or loss or damage to person or property, whether arising from the negligence of the Releasees or otherwise, to the fullest extent permitted by law.