PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCEPTING IT. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A LAWSUIT.
This Assumption of Risk, Waiver and Release of Liability ("Waiver") is entered into between Zenith Software LLC, a Missouri limited liability company doing business as BYGG ("BYGG," "we," "our," or "us"), and you, the undersigned user ("you" or "your").
Your use of the BYGG application (the "App") is conditioned on your acceptance of this Waiver.
1. What I Am Agreeing To Do
I understand that BYGG is a software application that generates resistance-training programs and general nutrition targets based on information I provide. I understand that I will be performing physical exercise, including but not limited to lifting free weights and barbells, using resistance machines, performing bodyweight movements, and performing mobility and stretching exercises, at a gym, at home, or elsewhere, without supervision.
2. I Understand the Risks
I understand and acknowledge that physical exercise, and particularly resistance training with heavy loads, involves inherent risk of injury — to myself and to others — whether caused by me, by another person, by equipment, or by no one at all.
I understand these risks include, without limitation:
- muscle strains, tears, and pulls;
- ligament and tendon sprains, tears, and ruptures;
- joint injuries, dislocations, and separations;
- back, neck, and spinal injury, including disc herniation;
- broken bones and fractures;
- concussion and head injury;
- crush injuries from dropped or failed loads;
- cuts, bruises, abrasions, and puncture wounds;
- heat illness, dehydration, and rhabdomyolysis;
- cardiovascular events including heart attack, stroke, and cardiac arrest;
- aggravation of any pre-existing condition or prior injury;
- catastrophic injury, including permanent disability, paralysis, and death.
I understand this list is not exhaustive and that other risks exist which may not be foreseeable.
I understand that these risks may result from my own actions, from the actions of others, from equipment failure or defect, from the condition of the premises where I train, or from the training program itself.
3. I Understand What BYGG Is and Is Not
I acknowledge and agree that:
3.1 BYGG is software. My training program is generated by an automated system. No personal trainer, coach, physician, physical therapist, dietitian, or other professional reviews my program, observes my technique, evaluates my individual circumstances, or supervises my training in any way.
3.2 BYGG does not provide medical advice, diagnosis, treatment, physical therapy, or medical nutrition therapy. Nothing in the App is a substitute for professional medical care.
3.3 The App's output depends entirely on the accuracy of the information I provide. The App cannot know about an injury, condition, limitation, or circumstance that I have not told it about.
3.4 BYGG does not manufacture, own, inspect, maintain, or control any exercise equipment, gym, or facility I use.
3.5 No exercise, weight, repetition count, or program prescribed by the App is a representation that it is safe or appropriate for me on any given day. I am solely responsible for judging what my body can safely do.
4. My Physical Condition
I represent and warrant that:
4.1 I am at least eighteen (18) years of age.
4.2 I am in good physical health and know of no medical condition, impairment, disease, infirmity, injury, or other illness that would prevent or make unsafe my participation in a resistance-training program.
4.3 I have been advised to consult a qualified health-care provider before beginning any exercise program, and I have either done so or have knowingly and voluntarily chosen not to. I accept full responsibility for that decision.
4.4 I have accurately and completely disclosed to the App any injury, physical limitation, or condition that could affect my training, and I agree to update that information promptly if it changes.
4.5 I am not pregnant, or if I am, I have obtained clearance from my physician to train and have accepted responsibility for that decision.
4.6 I will discontinue exercise immediately and seek medical attention if I experience pain, dizziness, faintness, shortness of breath, chest discomfort, nausea, or any other symptom of physical distress.
5. Assumption of Risk
I KNOWINGLY, VOLUNTARILY, AND EXPRESSLY ASSUME ALL RISK OF INJURY, ILLNESS, DISABILITY, DEATH, OR PROPERTY DAMAGE THAT MAY RESULT FROM MY USE OF THE APP AND MY PARTICIPATION IN ANY EXERCISE OR NUTRITION PROGRAM IT GENERATES, WHETHER OR NOT SUCH RISK IS FORESEEABLE AND WHETHER OR NOT IT ARISES FROM THE NEGLIGENCE OF BYGG.
I understand that I am participating entirely of my own free will and that no one is requiring me to do so.
6. Waiver and Release of Liability
IN CONSIDERATION OF BEING PERMITTED TO USE THE APP, I HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE ZENITH SOFTWARE LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "RELEASED PARTIES") FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, LIABILITIES, LOSSES, DAMAGES, COSTS, AND EXPENSES OF ANY KIND — INCLUDING CLAIMS FOR PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH — ARISING OUT OF OR RELATED TO MY USE OF THE APP OR MY PARTICIPATION IN ANY PROGRAM IT GENERATES.
THIS RELEASE INCLUDES, WITHOUT LIMITATION, CLAIMS ARISING FROM:
- (a) the design, content, selection, sequencing, loading, or progression of any training program generated by the App;
- (b) any nutrition target, calorie figure, or macronutrient figure the App produces;
- (c) any exercise demonstration, coaching cue, form instruction, or setup description in the App;
- (d) any error, defect, omission, or malfunction in the App or its underlying software;
- (e) my use of any exercise equipment, whether or not it malfunctions, breaks, or is improperly maintained;
- (f) the condition of any premises where I train;
- (g) THE ORDINARY NEGLIGENCE OF ANY OF THE RELEASED PARTIES.
I UNDERSTAND THAT BY ACCEPTING THIS WAIVER I AM GIVING UP MY RIGHT TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST THE RELEASED PARTIES FOR THEIR NEGLIGENCE.
7. What This Waiver Does Not Cover
This Waiver does not release the Released Parties from liability for gross negligence, recklessness, willful or wanton misconduct, intentional wrongdoing, fraud, or any liability that cannot be waived under applicable law.
8. Indemnification
I agree to indemnify, defend, and hold harmless the Released Parties from any loss, liability, damage, cost, or expense (including reasonable attorneys' fees) that they incur as a result of:
- any injury I sustain or cause while using the App or performing any exercise;
- any claim brought by me, my family, my estate, my heirs, or my assigns arising from my use of the App;
- my failure to disclose accurate health, injury, or age information; or
- my breach of this Waiver or the Terms of Service.
9. Binding Effect
This Waiver binds me, my spouse, my heirs, my personal representatives, my estate, and my assigns. I intend it to be as broad and inclusive as permitted by the law of the State of Missouri.
10. Severability
If any provision of this Waiver is held invalid or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force and effect. If any provision is held overbroad, it shall be enforced to the maximum extent permissible.
11. Governing Law and Venue
This Waiver is governed by the laws of the State of Missouri without regard to conflict-of-laws principles. Any action arising from it must be brought exclusively in the state or federal courts located in Platte County, Missouri.
12. Acknowledgment
I HAVE READ THIS ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY IN ITS ENTIRETY. I UNDERSTAND THAT IT IS A RELEASE OF LIABILITY, AN EXPRESS ASSUMPTION OF RISK, AND AN INDEMNITY AGREEMENT. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR INJURIES CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES.
I SIGN IT FREELY AND VOLUNTARILY, WITHOUT INDUCEMENT, AND I INTEND MY ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT TO SIGN THIS AGREEMENT.
Zenith Software LLC dba BYGG 905 McGee St Suite 167, Kansas City, MO 64106 support@byggfitness.app
Record of acceptance
The App records the version of this Waiver you accepted, the date and time of acceptance, the account that accepted it, and the IP address it was accepted from. If this Waiver is materially revised, you will be asked to accept the new version before continuing to use the Service.