TERMS 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) and/or 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 reasonable 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 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.
Collection of your personal information When Sogility and/or Upper Hand Inc. collect any personal information on our website, we will express our need for the personal data at the point of collection. Personal information is any information that can be used to identify an individual, and may include, but is not limited to, name, email address, postal or other physical address, title, occupation, and other information required to provide a service, deliver a product, or carry out a transaction you have requested. Some of the reasons we collect your personal information include:
  • Submission of proposal for services
  • Collaboration efforts
  • Registration to membership programs or newsletter subscriptions
  • To provide registered users a more personalized and meaningful experience on the Upper Hand Inc. website.
Uses of your personal information We will only use your personal information in the way we specified when it was collected. We will not subsequently change the way your personal information is used without your consent. Some of the ways we may use your personal information include:
  • To provide the ability to create personal profile areas and view protected content.
  • To provide the ability to contact you and provide you with shipping and billing information.
  • To provide customer feedback and support.
  • To provide contests, sweepstakes or other marketing or promotional activities on the upperhand.com or affiliate websites. Personal information may be collected to administer those programs.
  • To conduct questionnaires and surveys in order to provide better products and services to our customers and end users. Your completion of any questionnaires is voluntary.
  • To support recruitment inquiries.
  • To understand more about you, so we can personalize newsletters and websites to your preferences. For example, allow you the opportunity to request specific information on products and services that may be of interest.
  • To allow you to forward information to another individual such as a friend or co-worker.
  • To meet contract obligations.
Accessing and updating your personal information We need your help in keeping the personal information you have shared with us accurate and up to date. Please notify us of any changes to your personal information. Our site allows you to make these updates yourself online via the user profile.
Unsubscribing Subscriptions to some newsletters can be managed through the user profile. In addition, each email newsletter includes instructions on how you can unsubscribe from that particular mailing.
Non-personal information collection We do not sell or rent your personal information to third-parties for marketing purposes unless you have granted us permission to do so.
Sharing your personal information In some instances, Sogility and/or Upper Hand Inc. may collect non-personal (aggregate or demographic) data through cookies, web logs, and web beacons. This information is used to better understand and improve the usability, performance, and effectiveness of the upperhand.com website and software.
We may share your personal information with authorized third-party agents or contractors in order to provide a requested service or transaction. For example, if we need to ship something to you, we must share your name and address with a shipping company. We only provide third-party agents with the minimum amount of personal information necessary to complete the requested service or transaction.
We may respond to subpoenas, court orders, or legal process by disclosing your personal information and other related information, if necessary. We also may choose to establish or exercise our legal rights or defend against legal claims.
We may collect and possibly share personal information and any other additional information available to us in order to investigate, prevent, or act regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of upperhand.com terms of use, or as otherwise required by law. We will ask you for your opt-in consent to share your personal information with a third party for any other reason.
Personalization We may customize websites or newsletters for certain users based on the information they previously provided or that was collected through upperhand.com websites in order to enhance the overall web experience.
Security of your personal information Sogility and Upper Hand Inc. are committed to protecting the personal information you share with us. We utilize a combination of security technologies, procedures, and organizational measures to help protect your personal information from unauthorized access, use or disclosure.
When we transfer sensitive personal data (for example, credit card information) over the Internet, we protect it using Secure Sockets Layer (SSL) encryption technology. While we strive to protect your personal information, we cannot ensure the security of the information you transmit. We recommend you take every precaution to protect your personal information when you are on the Internet. For example, change your passwords often, use a combination of letters and numbers when creating passwords, and make sure you use a secure browser.
Cookies Sogility and upperhand.com website and software utilize cookies, although you can still access most of them even if you choose to disable cookies in your browser. The upperhand.com software will not allow you to complete certain activities if cookies are disabled. For example, our e-commerce uses session cookies and persistent cookies to process transactions. If you do not accept cookies, the associated transaction will not work, and you will not be able to place an order.
We use multiple third parties to monitor web traffic, statistics, advertisement ‘click-through’, and other activities on upperhand.com site. Where authorized by Upper Hand Inc., such third parties may use cookies, Upper Hand Inc. web log files, web beacons, and other monitoring technologies to compile anonymous aggregate statistics on Upper Hand Inc. website visitors.
We also include web beacons in HTML-formatted e-mail newsletters in order to count how many newsletters (or particular articles, links, etc.) are being accessed.
Current versions of web browsers offer enhanced user controls regarding the placement and duration of both first- and third-party cookies. Search for “cookies” under your web browser’s Help menu for more information on cookie management features available to you.
Data retention Sogility and Upper Hand Inc. will not retain your personal information longer than is necessary to fulfill the purposes for which it was collected or as required by applicable laws or regulations.
Linked Website Our websites may provide links to other third-party websites which are outside our control and not covered by this policy. We encourage you to review the privacy policies posted on these (and all) sites.
PARTICIPANT ACKNOWLEDGEMENT, RELEASE & WAIVER
I HAVE READ THIS AGREEMENT.  I FULLY UNDERSTAND ITS TERMS.  I UNDERSTAND THE RISKS ASSOCIATED WITH THE ACTIVITIES AT OR ASSOCIATED WITH SOGILITY.  I CERTIFY THAT I AM NOT BEGINNING THIS PROGRAM WITHOUT PHYSICIAN’S REVIEW AND THAT I AM IN GOOD HEALTH, AND IN PROPER PHYSICAL CONDITION TO PARTICIPATE IN SUCH ACTIVITY(IES).  I HAVE SIGNED THIS AGREEMENT FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE.  I INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.  IF ANY PROVISION SHOULD BE INVALID, THEN IT SHALL BE STRICKEN, AND THE BALANCE OF THIS RELEASE SHALL CONTINUE IN FULL FORCE AND EFFECT.  THE VENUE OF ANY ACTION ARISING HEREUNDER SHALL BE THE CIRCUIT AND SUPERIOR COURTS OF HAMILTON COUNTY INDIANA. 
MINOR ACKNOWLEDGEMENT, RELEASE & WAIVER
AND I, THE MINOR’S PARENT AND/OR LEGAL GUARDIAN, UNDERSTAND THE NATURE OF SOGILITY ACTIVITIES AND THE MINOR’S EXPERIENCE AND CAPABILITIES AND BELIEVE THE MINOR TO BE QUALIFIED, IN GOOD HEALTH, AND IN PROPER PHYSICAL CONDITION TO PARTICIPATE IN SUCH ACTIVITY. I HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND I AGREE TO INDEMNIFY DEFEND AND HOLD HARMLESS THE RELEASEES (AND EACH OF THEM) FROM AND AGAINST ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON THE MINOR’S ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY ANY RELEASEE OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATION AND FURTHER AGREE THAT IF, DESPITE THIS RELEASE, I, THE MINOR, OR ANYONE ON THE MINOR’S BEHALF MAKES A CLAIM AGAINST ANY OF THE RELEASEE NAMED ABOVE, I WILL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE RELEASEES (AND EACH OF THEM) 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.