Term of Service

In addition to paying any applicable fee, as further consideration for being permitted to participate in any way (including as a spectator) in any activity in, around, or associated with Sogility (“Activity”), by my signature (electronic or otherwise), use, or participation, I do for myself, my agents, heirs, assigns and representatives agree to the terms below (“Terms of Service”).

1. I understand and acknowledge that participating in fitness and/or sports related activities INVOLVES RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, COGNITIVE IMPAIRMENT, PARALYSIS, HEALTH RISKS FROM DISEASE AND DEATH (“RISKS”). Risks may be caused, in whole or in part, by my own actions or inactions, the actions or inactions of others participating in the Activity, my condition or the condition in which the Activity takes place, or the action or inactions of a Releasee. There may be other Risks, that are either unknown or not reasonably foreseeable to me at this time. I FULLY ACCEPT AND ASSUME ALL RISK AND RESPONSIBILITY FOR ANY AND ALL INJURY, LOSSES, COSTS, AND/OR DAMAGES that I may incur as a result of or in any way related to my participation in an Activity.
2. I acknowledge, represent and warrant that I understand the nature of the Activity in which I participate, and that I am qualified, in good health, and in proper health and physical condition to participate in such Activity. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue participation in the Activity and notify Sogility staff. 
3. I release, discharge, covenant not to sue Sogility, its respective administrators, directors, agents, officers, members, contractors, volunteers, employees, other participants, referees, trainers, affiliates, as well as any, all (as well as those associated therewith) sponsors, advertisers, and, any owner, lessor, lessee, or other person or entity associated with the property on which Activity takes place, (a “Releasee” or the “Releasees”) from and against any and all liability, claims or lawsuits for any injury, loss, and/or damage in any way related to the use of Sogility facilities or participation in an Activity.   
4. I shall indemnify, defend and hold the Releasees (and each of them) harmless from and against any and all liability, claims or lawsuits for any injury, loss, and/or damage in any way related to the use of Sogility facilities or participation in Sogility Activities. I understand that this obligation includes but is not limited to the payment of all reasonable attorney fees, claim investigation expenses, litigation expenses, damages and judgments.
5. MEDIA / IMAGE USE. From time to time, Sogility may take digital images or recordings of those participating in its programs in public areas of the business for security, promotional and/or educational purposes. In further consideration for participating in Sogility activities, I give Sogility permission to use (in any medium or format now existing or hereafter created) the name (if an adult) and likeness of the participant named (“Participant”) without further consent or other compensation.  Participant hereby irrevocably waives all legal and equitable rights relating to liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy (including intrusion, false light, public disclosure of private facts, and misappropriation of name or likeness), violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world (“Claims“) arising directly or indirectly from the production or use of Participant’s name or likeness, whether caused in whole or in part by the negligence of Sogility or any other person, and Participant covenants not to make or bring any such Claim against Sogility, and discharges it from liability under such Claims. I understand that Sogility may incur significant expense in reliance on this Agreement I agree that this Agreement cannot be terminated, rescinded, or modified, in whole or in part. If a Participant, then I represent and warrant that I am competent and at least eighteen (18) years of age.  If the Participant is a minor, then I represent that I am his or her parent or legal guardian with full authority to enter into this release on the minor participant’s behalf.  This release applies to Sogility, its agents, employees, directors, officers, contractors and affiliated business entities.  I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS MEDIA USE POLICY AND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE SOGILITY.
6. SESSION CANCELLATION. At least 24 hours’ notice is required to cancel or reschedule a session. No refunds will be given for no shows, or for cancellations received less than 24 hours prior to the scheduled session. As a general rule, no refunds will be given for missed league, tournament, athlete development, birthday, camp clinic, or individual training sessions or events.
7. MEMBERSHIP. Sogility may establish various membership programs from time to time. Monthly dues for such programs will be detailed in the particular membership program offering. Membership fees will be collected electronically in advance, on the monthly sale date, unless paid prior to the monthly sale date by other means. Member is responsible for notifying Sogility of any change to their payment information. In the event that Sogility is unable to collect payment electronically, member will be notified and payment must be made by other means, no later than the 10th day of processing attempts in order to maintain membership privileges. All memberships require a minimum commitment of three months, and automatically renew on a monthly basis per the terms of the particular membership offering; regardless, all monthly memberships require 30 days notice only by email to info@sogility.net in order to cancel (all other requests to cancel are invalid).There will be no “carry over” credit for unused sessions from month to month, or any credit given for unused sessions when a membership is terminated. Membership fees may change only as stated in the particular membership offering. To establish and qualify for membership, Sogility may charge non refundable membership fee, which (if charged) will be detailed in the particular membership offering. Participant (or on behalf of a Participant if a minor) agrees to pay the membership fee as due. The hold fee of $35 per month, or as may be currently listed, applies to memberships that can be placed on hold at current rate. Sogility may suspend or terminate any membership for non payment or that is not in conformity with the Conduct policy. 
8. CONDUCT. Participant agrees to abide by all Sogility facility rules. Behavior that is not accordance with facility rules, that is detrimental to the safety or security of other participants, or not otherwise acceptable as determined by Sogility in its sole discretion may result in removal from the facility and/or suspension or termination of membership privileges with no credit given. Report inappropriate behavior and unsafe conditions to Sogility at once. 
9. GENERAL. This agreement is governed by the laws of the lots of the state of Indiana. Any action arising from or related to it shall be brought in the Circuit or Superior Court of Hamilton County, Indiana. The prevailing party in any litigation is entitled to an award of reasonable attorney fees and expenses of litigation. I acknowledge that I have inspected the Facility and same is in full operation and acceptable for my participation. This agreement is the entire agreement between me and Sogility any and all prior discussions, agreements, understandings or correspondence are hereby made null and void. This Contract may be amended, modified or rescinded, or any rights hereunder waived, only by written agreement signed by me and Sogility. If any term or provision of this contract is found to be invalid, illegal or unenforceable, in whole or in part, the rest and remainder of this Contract shall remain in full force and effect to the fullest extent permitted by law.
10. PRIVACY POLICY. Sogility uses Upper Hand Inc. for scheduling and taking payments, and is committed to protecting your privacy and ensuring you have a positive experience on our website. This policy outlines our handling practices of personal information both online and offline data. If you give us personal information, we will treat it according to this policy. If you are not satisfied with our response to your privacy-related concerns, please contact us. We encourage you to read this privacy policy to ensure you understand Upper Hand Inc. privacy practices. This policy covers the Upper Hand Inc. website and related software.