Policies | Apex Endurance UAE

Membership Policies, Terms and Conditions

This Membership Policy forms an integral part of the Apex Endurance and Apex Sports Services LLC Terms and Conditions. By becoming a Member, the Member agrees to abide by, and be bound to, the terms and conditions of this Membership Policy at all times. This Policy can be revised and updated from time-to-time at the discretion of Apex Endurance and Apex Sports Services LLC, and the most current version of the Membership Policy shall automatically form part of the Membership Agreement, irrespective of when the Membership Agreement was entered into. Members can access the official club website for the updates of this Membership Policy and Terms and Conditions.

MEMBERSHIPS

Your membership will start from the time we receive your membership fee payment. All registered members will receive their welcome kit or start up package. Only official members can access the membership network in the official mobile app, membership log in in the official website and the regular activities or training sessions.

Privileges and Benefits

Official Apex Endurance and Apex Sports Services LLC members are not allowed to share to non-members their privileges stated in their membership guide especially when using their Apex ID Card in sponsor and race partner’s discounts, freebies, and facilities. Members who will purchase products and services from the club’s official partners will only be limited to certain number of purchase or use of services to avoid sharing or selling it to non-members. Sponsors and race partners are being updated every 2 months with the current list of Apex members. In availing discounts from the sponsors and race partners physical store, just simply show your Apex ID Card. Online discounts and purchases can be accessed in the mobile app in the membership log in network.

Reserving Classes

You must pre-book all your training session through the Apex Mobile App. If you are unable to access the application or wanted to withdraw your reserved slot, then you must email info@apexenduranceuae.com. If you do not reserve your class or get a slot, then you may be denied entry in participating in it or if decided to cancel your slot we may give it to members who are in the waiting list. To promote the club to non-members, Apex Endurance and Apex Sports Services LLC members can request to info@apexenduranceuae.com a maximum of three training passes (one-time access) to three different individual who they wish to join the training session for the first time.

Strike & No-Show Policy

If you reserve your spot in any of our classes and fail to attend 3 times in one-month period, you will be banned from attending any classes or session for 1 week. If in case it is a paid session, there will be no refunds, returns or compensation in any form in the event that this policy is enforced. It is your responsibility as a member to turn up to any classes that you reserve unless if you are sick, in emergency situation, and with valid reason providing a written explanation attached with supporting document/s.

Training Schedule and Programs

It is mandatory to all the club members to handover their waiver and indemnity form at the first day of their training session. Our weekly sessions’ Rules and Regulations can be found in the Apex Membership Athlete Guide. Only the official club members can join the free training sessions, internal events, workshops, programs, and activities provided by the Apex Endurance and Apex Sports Services LLC and its affiliates including the access to the free training peaks coaching program. Sometimes, we may also cancel the sessions during any public holiday in the UAE or any other day decided by Management.

Representation in Local and International Races.

Apex Endurance and Apex Sports Services LLC active members must represent the club in their local and international races, event, or competition. If the club member/s would like to represent another institution, party, or group in a particular event, the member/s must send a formal request letter to info@apexenduranceuae.com and pay 300 AED. Failure to comply may result to an immediate disciplinary action or membership cancellation. Members whose membership has been cancelled or terminated must return the sponsored products or freebies provided by the club or pay the amount corresponds to the product/s (calculated in good faith.)

Professional and Sponsored Athletes, Apex Racing Team.

Apex Endurance and Apex Sports Services LLC provide a wide range of support to Professional and Sponsored Athletes such as free or sponsored event registrations, uniform, products and services, and incentives though Epixtar Racing. Everyone in the Apex Community can attend the Epixtar Racing Team qualifying event every April, only the Top Athleteswho can make it to the initial qualifier and final round can be part of the Epixtar Sponsored Team. Professional Athletes who are not part of the Apex Endurance can apply as a Brand Ambassador under Apex Endure Brand (subject for approval.)

Health Risk, COVID19, and Managing Infections and illness

It is mandatory for members to routinely have their COVID19 test, only members who has negative PCR test results not more than 2 weeks, or has green color ALHOSN App, or vaccinated with negative result can access the live training sessions. If you believe any facility activities might risk your health, you must inform Apex Endurance and Apex Sports Services LLC immediately in writing with full details. You must also tell us if your medical condition changes after you join. Any members who has a fever, contagious illness, infectious disease, or physical ailment such as an open wound or cut, and any other risk, are not allowed to attend any of the Apex Endurance and Apex Sports Services LLC training programs, sessions, and events.

Renewal of Membership

When your membership is due to expire, you can choose to renew it before that date at the prevailing rate. By renewing your membership, you agree to the membership terms that apply at that time. Apex Endurance and Apex Sports Services LLC reserves the rights not renew your membership if your fail to advise.

Feedback/Complain/Suggestions

Your feedback is important in helping Apex Endurance and Apex Sports Services LLC provide our members with a great service. You can provide feedback to us at any time via email to info@apexenduranceuae.com, by talking directly to our coaches and team leaders, by written note or by phoning us at any time. We will also send feedback questionnaires from time-to-time. If you have any comments, questions, concerns, or complain regarding with our training programs, facilities, staff, and fellow members, website or service, we welcome you to contact us anytime. We will make every attempt to respond within 24 hours, where possible. Some enquiries are more complex than others and might take time to resolve, but you will be notified.

TERMINATION AND CANCELLATION OF MEMBERSHIP

Apex Endurance has a strict “No Cancellation Policy”, any purchase made cannot be cancelled or refunded. In exceptional circumstances.

CODE OF CONDUCT

Depending to the severity, we may enforce cancellation/termination or warning to anyone, including members, if they act unreasonably or break the Apex Endurance and Apex Sports Services LLC Membership Policy or Code of Conduct. If you continue to breach the policies, your membership will be cancelled with immediate effect at the discretion of management without recourse. Membership fee has no refund.

Respecting one another: Apex Endurance and Apex Sports Services LLC is a multinational club we expect each member to respect one another regardless of their gender, race, color, beliefs, fitness level, and age group.

Inappropriate Words and Actions: Using an offensive words and comments, inappropriate actions in any form are not allowed

Keeping your belongings safe: Please keep your belongings with you and do not bring valuables during the training or activities. Unfortunately, theft does happen. We cannot accept responsibility for any loss or damage to your belongings while you are at the class or training sessions.

Use of Cameras: Photos and social media is actively encouraged; however, you may not take photos of any member or guest who requests not to be in a photo, or in areas where signs exist not to take photographs.

Wearing suitable clothes: All members must wear suitable attire and enclosed sports shoes in any exercise areas, except for wet areas. As much as possible we wanted everyone to wear the club’s official training uniform during the classes. We do not allow clothing with offensive images or inappropriate advertising. Any coaches or team leaders, at their discretion, and in line with this Policy, may refuse you entry to our training classes or ask you to leave if your clothing is deemed inappropriate, offensive or unsuitable, at the discretion of Apex Endurance and Apex Sports Services LLC management.

Facing instant cancellation: Your membership may be cancelled without warning if you behave in an inappropriate manner, for example if you:
- Threaten, harass or intimidate others.
- Continually disobeying coaches and team leaders’ directives.
- Damage equipment.
- Use, supply or encourage illegal performance-enhancing drugs.
- Instruct other members when we have not authorized you to do so.
- Actively try to damage the Apex Endurance and Apex Sports Services LLC brand or reputation.
- Anyone caught sharing their privileges to Apex non-members.
- Any reason as deemed appropriate by Management at their discretion.

HEALTH CONDITION

On the day you sign your agreement and each time you attend our training programs, activities, and/or event, you promise us that:

You are in good physical condition.
You have no medical or other reason why you cannot or should not do active or passive exercise.

Seeking expert medical advice: Our team leaders, coaches and volunteer staff are not medically trained. They are not qualified to assess if you are in good physical condition or state if you can exercise without risking your health, safety or comfort. It is your sole responsibility to seek expert medical and other advice before starting any training program with Apex Endurance and Apex Sports Services LLC. This remains your own responsibility at all times.

Understanding our privacy policy:

During your membership, we will have access to personal information about you (when you signed the membership application form.) We will only use your contact information provided to contact you for marketing or other purposes.

Allowing us to use your image:

We sometimes film or photograph our events, classes and training sessions, so it is possible you will appear in our marketing material either on our website, print, social media or otherwise. By entering in this Membership Agreement, you allow us to use your image in promotional and other business-related material unless you inform us otherwise in writing.

What about my medical Conditions:

By attending our sessions, classes and/or programs, you declare yourself to be physically sound and suffering from no condition, impairment, disease or infirmity or other illness that would prevent you from participation or use of equipment. Your health and medical conditions is your responsibility. If you suffer from any medical condition(s) at all, you must seek first medical advice before undertaking any form of physical activity. This is a prerequisite before commencing your membership. If at any point you feel that you should not participate in any session for any reasons whatsoever you acknowledge that it is solely your responsibility to immediately cease training and seek professional medical help.

Legal Liability & Indemnity

As a participating member of Apex Endurance and Apex Sports Services LLC, you strictly agree at all times to take all responsibility and liability for any injuries and/or damages resulting from participation in any fitness activities including through the use of equipment.

Voluntary Assumption of Risk

You understand and are aware physical training and activity including the use of equipment, are potentially hazardous activities. You understand that exercise and fitness activities involve a risk of injury and even death, and that you are voluntarily participating in these activities and using equipment and facilities with the knowledge of the dangers involved. You agree to assume and accept all and any risks of injury or death.

Indemnity and Disclaimer

At no point will the Apex Endurance and Apex Sports Services LLC, the coaches, team leaders, employee or any Director be liable for any advice given in any capacity to any Member at any point. By becoming a Member, you fully indemnify and hold harmless Apex Endurance and Apex Sports Services LLC, including all coaches, team leaders, employees, directors and owners, at all times from all actions, be them legal or otherwise, arising from any events whatsoever, however connected to us, without exception.

Waiver

By becoming a member and/or attending any Apex Endurance and Apex Sports Services LLC training sessions, or conducting or participating in activities related to Apex Endurance, you hereby fully agree to the Apex Endurance Membership Policy, Waiver, and Terms and Conditions.

Aggressive or Inappropriate Member/Client Behaviour Policy

At Apex Endurance and Apex Sports Services LLC we practice the highest standards of professionalism and integrity. If any members/client make any of our coaches, team leaders, or staff feel uncomfortable through, or exhibits any form of, inappropriate or aggressive behavior, our coaches, team leaders, or staff have been trained to immediately leave, contact upper management (and the police if necessary). In such an event, the appropriate actions will be taken and all outstanding sessions shall be cancelled, or become null and void and no refunds will be provided.

Terms & Conditions

I understand that Apex Endurance and Apex Sports Services LLC has a ‘no refund’ policy. All memberships fee and products, once paid are non-refundable.
I am aware and agree that this policy shall apply at all times to your membership, irrespective of the date that you have entered this Agreement.
I understand and accept that by attending any of Apex Endurance and Apex Sports Services LLC classes, workshops, programs, activities or events and participating in any related activities, I do so at my own risk at all times.
I am aware of no reason, medical or otherwise, for me to abstain from participating in physical activity. I agree that Apex Endurance and Apex Sports Services LLC or any entity directly or indirectly controlled or related to Apex Endurance will not be responsible or liable for my death or any physical and/or mental injury I occasion, or any damage to personal property arising out of or in relation to my participation in my membership through the use of any facilities and whether caused by breach of contract or negligence of Apex Endurance or any of its Affiliates or otherwise.
I hereby fully indemnify and hold harmless Apex Endurance and Apex Sports Services LLC and all of their Affiliates, coaches, servants, agents, employees, Directors, contractors, volunteers, and I waive all claims against Apex Endurance and Apex Sports Services LLC and each of its Affiliates for any loss or damage suffered by me, or costs or expenses incurred by me, arising out of or in relation to my participation in any and all activities connected or related to this Agreement, however caused.
I agree to follow the Apex Endurance and Apex Sports Services LLC rules at all times. I hereby consent and understand that I voluntarily provide my own personal details at my own risk and liability with no recourse, be it legal or otherwise, to Apex Endurance and Apex Sports Services LLC.
I warrant and agree that I am medically fit to undertake an intensive exercise program, and that I do so voluntarily at my own risk at all times. If I am are unsure if I am able to participate, I warrant that I have sought independent medical advice and obtained the necessary clearances to participate in this Membership and its associated programs, etc. I understand that my health remains my responsibility at all times.
I agree that I have read, or will take the time to read and understand, this Membership Policy, Agreement, Waiver, and Terms and Conditions. I agree to be strictly bound by the most current Membership Policy at all times and that I will strictly adhere to, without exception.
I agree and understand that by participating in any of the Apex Endurance and Apex Sports Services LLC training programs and events or becoming a member and signing this agreement that I agree and forever grant Apex Endurance and Apex Sports Services LLC, and it’s associated marketing agencies and 3rdParties, the rights to any and all images obtained of me and I hereby waive all rights over any such images. I also agree that such images may be used by Apex Endurance and Apex Sports Services LLC at any times for marketing purposes, and this includes the usage of such images on Social Media platforms, emails, and any other form of electronic and print distribution.
I understand that Apex Endurance and Apex Sports Services LLC reserves the right to close for Public Holidays, and any other day deemed appropriate without any recourse or compensation and change class timings and offerings at any time without recourse.
I hereby waive all and any right or cause of action which with respect to injury, physical impairment, out of the loss of life, or injury and damage, or loss of any description whatsoever which I or my child and/or children and family may suffer
I hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following parties: the Apex Endurance, Apex Sports Servcies LLC, the Event Owners, Organizers and Promoters, Race Directors, other participants in the sanctioned event, Sponsors, Advertisers, Host Facilities, Local Organizing Committees, Venues and Property Owners upon which the Training and Event takes place, Law Enforcement Agencies and other Public Entities providing support for the Training and Event, and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees and volunteers (individually and collectively, the "Released Parties" or "Event Organizers"), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense (including court costs and reasonable attorneys'' fees) of any kind or nature ("Liability") which may arise out of, result from, or relate to (i) my participation in the Training and Event, and/or (ii) any INJURY, ILLNESS OR DEATH (including but not limited to INJURY, ILLNESS OR DEATH RESULTING FROM COVID-19) arising out of or related to the Training and Event, and, with respect to (i) and (ii), including claims for Liability caused in whole or in part by the negligence of the Released Parties. I further agree that if, despite this Agreement, I, or anyone on my behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liability which any may be incurred as the result of such claim.
In the case of a Minor member, the Parent or Legal Guardian shall sign on their behalf and take full legal responsibility and the terms of this Membership Agreement shall apply to them in full.
I understand that by electronically signing this document it will bind me to all terms and conditions of this Agreement and that the electronic reproduction of this Agreement will serve as an original signature in any Court of the United Arab Emirates.

Terms and Conditions (www.apexenduranceuae.com)

By agreeing to the below Terms and Conditions, you also expressly accept and agree to ALL Apex Endurance and Apex Sports Services LLC Membership Policy which are in addition to the Terms and Conditions stated here below.

Apex Endurance and Apex Sports Services LLC (“CLUB”) maintains the www.apexenduranceuae.com Website (“Site”). The following are the terms of use that govern use of the Site (“Terms of Use”). By using the Site, you expressly agree to be bound by these Terms of Use and the APEXENDURACEUAE.COM privacy policy and to follow these Terms of Use and all applicable laws and regulations governing use of the Site. CLUB reserves the right to change these Terms of Use at any time, effective immediately upon posting on the Site. Please check this page of the Site periodically. We will note when there are updates to the Terms of Use at the bottom of the Terms of Use. If you violate these Terms of Use, CLUB may terminate your use of the Site, bar you from future use of the Site, and/or take appropriate legal action against you.

LIMITED LICENSE. You are granted a limited, non-exclusive, revocable and non-transferable license to utilize and access the Site pursuant to the requirements and restrictions of these Terms of Use. CLUB may change, suspend, or discontinue any aspect of the Site at any time. CLUB may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the Site. You shall have no rights to the proprietary software and related documentation, if any, provided to you in order to access the Site. Except as provided in the Terms of Use, you shall have no right to directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Site, or any of its contents (including software) in whole or in part.

SITE OPERATION: United Arab Emirates is our Country of Domicile. CLUB controls this Site from the U.A.E. CLUB makes no representation that this Site is appropriate for use in other locations. If you use this Site from other locations you are responsible for ensuring compliance with local laws. You may not use, export or re-export any materials from this Site in violation of any applicable laws or regulations, including, but not limited to any U.A.E export laws and regulations.

APPLICABLE LAW. The Laws of the United Arab Emirates shall govern the use of the Site and the Terms of Use, without regards to conflict of laws principals. All disputes arising in connection therewith shall be heard only by a court of competent jurisdiction in U.A.E.

PURCHASES. CLUB accepts payment by Visa or Mastercard debit and credit cards in AED & USD for its products and services. All online purchases are also governed by the terms and conditions of respective merchant service providers. Please review respective merchant service provider’s user agreement and privacy policy before entering any transaction. Interpretation. These Terms of Use supersede all other written and oral communications or agreements with regard to the subject matters discussed in these Terms of Use. A waiver or modification of these Terms of Use will only be effective if made in writing signed by an authorized officer of CLUB. All refunds will be made onto the original mode of payment.

OFFICE FOREIGN ASSETS CONTROL (OFAC) SANCTIONED COUNTRIES. CLUB will not trade with or provide any services to individuals and companies owned or controlled by, or acting for or on behalf of, OFAC targeted countries AND individuals, groups, and entities, such as terrorists and narcotics traffickers designated under the OFAC programs that are not country specific.

REPRESENTATIONS BY YOU. By visiting the Site, you represent, warrant and covenant that (a) you are at least 18 years old; (b) that all materials of any kind submitted by you to CLUB through the Site or for inclusion on the Site will not plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights. The customer using the website who are Minor /under the age of 18 shall not register as a User of the website and shall not transact on or use the website.

PERMITTED USE. You agree that you are only authorized to visit, view and to retain a copy of pages of this Site for your own personal use, that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than for personal use, unless otherwise specifically authorized by CLUB to do so. You also agree not to deep-link to the site for any purpose, unless specifically authorized by CLUB to do so. The content and software on this Site are the property of CLUB. The cardholder must retain a copy of transaction records and Merchant policies and rules.

YOUR ACCOUNT. If you use CLUB Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account from any devices, and you agree to accept responsibility for all activities that occur under your account or password. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

NO COMMERCIAL USE. This Site may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain CLUB’s prior written consent to make commercial offers of any kind on the Site, whether by advertising, solicitations, links, or any other form of communication. CLUB will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site.

LINKS AND SEARCH RESULTS. The Site may automatically produce search results that reference and/or link to third party sites throughout the World Wide Web. CLUB has no control over these sites or the content within them. CLUB does not guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. CLUB does not endorse the content of any third-party site, nor does it make any representation or warranty about these sites, including that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against CLUB for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, you may notify us at info@apexenduranceuae.com

COPYRIGHT POLICY. CLUB may terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. If you submit information to this Site, you warrant that the information does not infringe the copyrights or other rights of third parties.

INTELLECTUAL PROPERTY. Although CLUB is not responsible for the content, quality or accuracy of data provided by users, compilations of such data, text, information and other materials made available to users through CLUB’s system. The On-line Materials are CLUBS’s intellectual property, and are protected by the international intellectual property laws. The On-line Materials may not be copied or redistributed either in whole or in part without prior written consent of CLUB, except as expressly and specifically permitted under these Terms of Use.

The On-line Materials are and will remain the exclusive property of CLUB. All rights, titles and interests in and to the On-line Materials will be and remain vested solely in CLUB. Under no circumstances will you have any right, directly or indirectly, to own, use, copy, loan, sell, rent, lease, license, sublicense, redistribute, assign or otherwise convey the On- line Materials, or any rights thereto, except as expressly and specifically provided in the Terms of Use. Nothing in these Terms of Use will convey to you any right, title or interest, except that of a license with the express rights and subject to all limitations herein. Nothing in these Terms of Use grants you the right, directly or indirectly, to use the On-line Materials to create a product for resale or to use the On-line Materials in any way that competes with CLUB.

You acknowledge and agree that CLUB will own all rights, titles and interests in and to any copy, translation, modification, adaptation, derivative work or improvement of the On- line Materials made by or for you. At CLUB’s request, you must execute, or obtain the execution of, any instrument that may be necessary to assign these rights, titles or interests to CLUB or perfect these rights, titles or interests in CLUB’s name. DISCLAIMER OF WARRANTY, LIMITATION OF DAMAGES. CLUB MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTY OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS IN RELATION TO THE AVAILABILITY, ACCURACY, VALIDITY, RELIABILITY OR CONTENT OF THESE PAGES AND/OR THE SITE. CLUB ALSO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION THAT IS SUBMITTED, DISPLAYED OR UPLOADED THROUGH THE SITE BY ANY USER. CLUB SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE, EVEN IF CLUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF CLUB WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT OF LIABILITY PERMITTED BY LAW.

VIOLATION OF TERMS OF USE. You understand and agree that in CLUB’s sole discretion, and without prior notice, CLUB may terminate your access to the Site, or exercise any other remedy available and remove any unauthorized user information, if CLUB believes that the information you provide has violated or is inconsistent with these Terms of Use, or violates the rights of CLUB, or any third party, or violates the law. You agree that monetary damages may not provide a sufficient remedy to CLUB for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations. CLUB may release user information about you if required by law or subpoena.

INDEMNITY. You agree to indemnify and hold CLUB, its subsidiaries, affiliates, officers, coaches, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or relating to your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site, or your breach of the Terms of Use.

LICENSE GRANTED TO YOU. By providing materials to CLUB, including by submitting or uploading content or materials for use on the Site you represent and warrant that you or the owner of all rights to such content or materials has expressly granted CLUB an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. CLUB may publish and distribute any such submitted content or materials at its sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against CLUB for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to CLUB. Any communication or materials you send to CLUB will be treated as non- confidential and non-proprietary and may be disseminated or used by CLUB for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.

ADVERTISING. The Site may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. CLUB is not responsible for the acts or omissions of any advertiser or sponsor.

SEVERABILITY. If any provision of the Terms of Use is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.

I hereby warrant that I have read this Agreement carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by signing it (including the rights of the minor, my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns), acknowledge that I have signed this Agreement freely and voluntarily, without any inducement, assurance or guarantee, and intend for my signature to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

I certify that I am over the age of majority (18 years of age or older), or I have my parent's or legal guardian's consent as indicated below.

IF PARTICIPANT IS A MINOR, PARENT OR GUARDIAN MUST READ AND SIGN BELOW

I am the parent or legal guardian of the participant or member registered in this membership form, and I agree that the participant may take part in the Training and Event conducted by the Apex Endurance and Apex Sports Services LLC. On behalf of the participant, I hereby irrevocably and unconditionally (1) agree to all of the terms of this Agreement, and (2) authorize Apex Endurance and Apex Sports Services LLC or any of its designees to arrange or any necessary medical treatment for the participant. I also, for myself and on behalf of my heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the Released Parties (defined above) from any and all claims or causes of action that I may have for damages for personal or bodily injury, disability, death, loss or damage to person or property, whether arising from the negligence of any or all of the Released Parties, or otherwise, to the fullest extent permitted by law.