Ski Headquarters GmbH - Waiver, Liability Agreement, and Terms of Service
Ski Headquarters GmbH - Waiver, Liability Agreement, and Terms of Service
Last updated: September 14, 2023
Section One - Waiver and Liability Agreement
INFORMED CONSENT FORM, RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT (the “Release Agreement”)
Ski Headquarters GmbH
I have voluntarily subscribed to and/or enrolled in a ski technique program (the “Program”) offered through one of the products and/or services provided by Ski Headquarters GmbH on its website and/or associated app. I acknowledge that the Program may involve strenuous physical activities, including but not limited to skiing (indoors and outdoors), exercise and conditioning, use of fitness machines and equipment, flexibility, mobility, strength, stretching, body control, and other various fitness and sports activities.I hereby affirm that I am in good physical condition and do not suffer from any known disability or condition that I have not disclosed OR that would prevent or limit my participation in the Program or related activities. I have been advised that a medical examination by a physician should be obtained prior to commencing a fitness and/or exercise program or initiating a substantial change in the amount of regular physical activity performed.If I have chosen not to obtain a physician’s consent prior to beginning the Program, I hereby acknowledge and agree that I am doing so solely at my own risk. I understand that it is my sole responsibility to participate in exercises appropriate for my current health status. If I have any questions or concerns about whether a particular activity is suitable for my health, I understand it is my responsibility to consult my physician before participating.The information and content provided in this Program are for informational and educational purposes only. Nothing on the Ski Headquarters GmbH website, app, or Program is intended to substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions regarding a medical condition. Reliance on any information provided by Ski Headquarters GmbH, its content, or coaches is solely at your own risk.I agree not to hold Ski Headquarters GmbH, its directors, officers, employees, agents, contractors, representatives, successors, or assigns (collectively, the “Releasees”) responsible for the actions or omissions of other Program participants. I have been informed, understand, and am aware that the Program activities, including the use of equipment, are potentially hazardous and involve a risk of injury. I voluntarily participate in these activities and use equipment with full knowledge, understanding, and appreciation of the dangers involved, and I freely accept and assume all such risks.
RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY AGREEMENT
In consideration of the Releasees allowing me to participate in the Program, I hereby agree as follows:
Waiver of Claims: I waive any and all claims, costs, liabilities, and expenses for any injury, loss, damage, or death, whether known, anticipated, or unanticipated, against the Releasees arising from my participation in the Program.
Safety and Responsibility: I acknowledge that I shall follow the Safety and Responsibility Code (or equivalent) of the respective location where I choose to participate in ski activities. I shall always perform activities within my ability, regardless of how I interpret the instructions in the Program.
Indemnity: I agree to hold harmless and indemnify the Releasees from any and all liability for property damage or personal injury to any third party resulting from my participation in the Program.
Binding Effect: This Release Agreement shall be binding upon my heirs, next of kin, executors, administrators, assigns, and representatives in the event of my death or incapacity.
Governing Law: This Release Agreement and any rights, duties, and obligations between the parties shall be governed by and interpreted in accordance with the laws of Switzerland, specifically the Canton of Valais. Any litigation involving the parties to this Release Agreement shall be brought exclusively within the courts of Valais, Switzerland.
Section Two - Terms of Service
1. Description of ServiceThese Terms of Service apply to all users of the online media services, content distribution services, and community services provided by Ski Headquarters GmbH through its website, video streaming services located at www.ski-hq.com, and related domains, subdomains, mobile and desktop applications, and TV platforms (collectively, the “Services”). These Terms govern your use of the Services, including all functionalities, features, streaming services, audio, visual, written media, PDFs, website links, user interfaces, and all content and software associated with the Services.
2. Acceptance of Terms
By accessing or using the Services, you agree to be bound by these Terms of Service. The Company reserves the right, at its sole discretion, to modify, add, or remove any terms or conditions of these Terms of Service without prior notice. Any changes shall be effective immediately upon posting. Your continued use of the Services following such changes constitutes your acceptance of the revised Terms.
3. Access and Use of Service
Users must be at least 10 years of age to access the Services.Users registering for the Services or uploading User-Generated Content must be at least 18 years of age.The Company makes no claims that the Services may be lawfully accessed in all locations. You are solely responsible for compliance with the laws and regulations of your jurisdiction.
4. Your Conduct
The Services may only be used for lawful purposes related to streaming and related materials. You are prohibited from:Violating or attempting to violate the security of the Services.Accessing data or accounts without authorization.Interfering with service to any user, host, or network.Scraping, harvesting data, or using robots to manipulate payouts.Violations may result in civil or criminal liability, and the Company reserves the right to investigate and cooperate with law enforcement.
5. User Information
You are solely responsible for the information you input or upload to the Services. You warrant that you have the right and authorization to register for the Services and post User-Generated Content. The Company reserves the right to determine whether your content complies with these Terms, Company policies, and applicable laws.
6. Payments & Billing
All fees and charges associated with your account must be paid on time.Services are non-refundable after the 14-day free trial period, unless otherwise required by Swiss law.You may update your payment information at any time via your account settings.
7. Intellectual Property
All content, trademarks, and software associated with the Services are the exclusive property of Ski Headquarters GmbH and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or use the Services for any purpose without prior written consent.
8. Warranty Disclaimers
The Services are provided “as is” and “as available,” without warranties of any kind. The Company disclaims all warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. The Company is not liable for any damages arising from your use of the Services.
9. Limitation of Liability
To the fullest extent permitted by Swiss law, the Company shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from your use of the Services. The Company’s maximum liability shall not exceed the amount paid by you for the Services.
10. Indemnification
You agree to indemnify and hold harmless the Company, its affiliates, officers, directors, employees, and agents from any claims, liabilities, or expenses arising from your use of the Services, User-Generated Content, or breach of these Terms.
11. Governing Law and Jurisdiction
These Terms of Service shall be governed by and construed in accordance with the laws of Switzerland, specifically the Canton of Valais. Any disputes shall be resolved exclusively by the courts of Valais, Switzerland.
12. Non-Refundable Services
All payments for Services are final and non-refundable, except as required by Swiss law. This includes subscription fees, pay-per-view purchases, and any other fees associated with the Services.
13. Miscellaneous
These Terms do not create any agency, partnership, or employment relationship.If any provision is found invalid, the remaining provisions shall remain in full force and effect.You may not assign these Terms or any rights hereunder without the Company’s prior written consent.
If any provision is found invalid, the remaining provisions shall remain in full force and effect.You may not assign these Terms or any rights hereunder without the Company’s prior written consent.
ACKNOWLEDGMENT
BY JOINING SKIHQ, I ACKNOWLEDGE THAT I HAVE READ THIS AGREEMENT IN ITS ENTIRETY AND FULLY UNDERSTAND ITS TERMS. I UNDERSTAND THAT I AM WAIVING CERTAIN RIGHTS, INCLUDING THE RIGHT TO SUE.