You understand that participation in the Activities includes, without limitation, strenuous physical and mental activities and exercises, participating in the Activities with other participants, contact with unidentified and unfamiliar persons, participating in the Activities in new and unfamiliar places and manners, exposure to risks in the areas in which the Activities are conducted, and potential exposure to communicable diseases. You fully understand that the Activities can be hazardous, and involve known risks and unanticipated risks which could result in bodily or mental injury, illness, death, damage, or loss to yourself, your minor child, your property, and to other third parties and their property, which may be caused by your own actions or inactions, those of others participating in the Activities, the locations, places, and/or facilities at, on, or in which the Activities take place, the conditions at, on, and in which the Activities take place (including equipment, ventilation, and surfacing for the Activities), or the negligence or misconduct of any of the "Releasees" named below; You fully accept and assume all such risks and all responsibility for losses, costs, and damages you or any third parties incur as a result of your or your minor child’s participation in the Activities, including property theft. You represent that you understand the nature of the Activities. You further represent that you are participating in the Activities voluntarily, and that you or your minor child are in good health, physically and mentally fit, and otherwise prepared and able to participate in the Activities. You agree that you will discontinue participation in the Activities if you believe at any time you or your minor child’s participation poses a threat to yourself or any third party. If you or your minor child has any injury or condition that potentially affects your participation in the Activities, you will consult with your physician or other applicable provider regarding your participation, and follow all applicable provider instructions, which is your sole responsibility.

You, on behalf of yourself and anyone who obtains any rights from or through you, hereby forever and irrevocably release and discharge us and Rocket Youth Brands; the owners, lessees, and any other individual or entity with any interest in the locations, places, and/or buildings and facilities at, on, or in which the Activities take place; any individuals or entities involved in any capacity with the Activities (including, without limitation, any technology applications and platforms facilitating the Activities in any manner); any sponsors, advertisers, or promoters of any of the foregoing; any of the respective parents, subsidiaries, affiliates, partners, members, owners, agents, contractors, subcontractors, administrators, licensees, designees, insurers, personal and legal representatives, successors, and assigns of each of the foregoing; other participants in the Activities; and any director, officer, member, manager, partner, volunteer, employee, representative, or agent of any of the foregoing (each a "Releasee" herein) from any and all liabilities, claims, demands, losses, damages, costs, or expenses (including, without limitation, attorneys’ fees and costs) (collectively, "Losses") arising out of or in any way related to your participation in or attendance at the Activities, places, and/or buildings and facilities at, on, or in which the Activities take place; or any first aid, treatment, or any like service rendered in connection with the Activities, including, but not limited to, Losses (including, without limitation, Losses from bodily or mental injury, illness, or death) caused or alleged to be caused in whole or in part by (i) any Releasee’s negligence, gross negligence, misconduct, or otherwise, including negligent rescue operations; (ii) any claim, action, suit, or demand brought by any third party against any Releasee by reason of or in connection with your participation in or attendance at the Activities, or your attendance at the locations, places, and/or buildings at, on, or in which the Activities take place; (iii) the voluntary disclosure of your medical information; or (iv) invasion of privacy, right of publicity, defamation, libel, slander, copyright infringement, trademark infringement, or any other claims or causes of action arising out of the use of your name, image, likeness, voice, and/or other personal attribute(s) or other personal information (collectively, your "Personal Attributes"), to the extent permitted by applicable law, you further covenant and agree not to sue any Releasee or cause any Releasee to be sued regarding any matter released above, and to indemnify and hold harmless each Releasee from and against any Loss regarding any matter within the scope of this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement.

You agree to indemnify and hold us and Rocket Youth Brands, and all affiliates, officers, agents, partners, and employees, harmless from any loss, damage, costs, liability, claim, demand, proceeding, expense (including reasonable attorneys’ fees), or action brought, made, or threatened by any third party against us and Rocket Youth Brands due to, in connection with, or arising out of: (i) your use, misuse, or access to the Services; (ii) your breach or violation of these Terms of Use, including without limitation, any breach of your obligations, representations, and warranties set forth above; (iii) your infringement or other violation of any third-party right, including without limitation, intellectual property, property, or privacy right; (iv) any transaction you conduct on or through the Services or as a result of the contact facilitated by the Services; or (v) any activity using your email address and password by you or any other person accessing the Services, the Site Content, or any other information or materials using your account, email address, or other contact information.

We reserve the right to assume the exclusive defense of any such claim, and you agree to provide us with such reasonable cooperation and information as we may request. You will not in any event settle any claim without the prior written consent of us and Rocket Youth Brands.

You have read this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement, understand that you have given up substantial rights by agreeing to it, and have agreed to it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law. You hereby forever and irrevocably waive any and all rights to seek or obtain any injunctive or other equitable relief with respect to any matter within the scope of this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement, or to rescind, limit, or disaffirm this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement.

FOR CALIFORNIA RESIDENTS:

This Agreement has been executed by you with the express intention of effecting the legal consequences provided by Section 1541 of the California Civil Code, and any other federal, state, or local laws of similar effect. You intend to relinquish all claims against the Releasees, whether or not known or suspected, and expressly waive any and all rights and benefits conferred upon you by the provisions of Section 1542 of the California Civil Code (or any federal, state, or local laws of similar effect), which reads:

"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

You agree that as further consideration for being permitted to participate in any of the Activities, you hereby grant us and Rocket Youth Brands and its designees, and their respective affiliates, licensees, permittees, successors, and assigns, and each of them, an unrestricted, absolute, universal, perpetual, irrevocable, non-royalty bearing, and transferable right and license (but not any obligation) to use, copy, transmit, distribute, display, modify, perform, present, transform, create works and derivative works, and otherwise promote or utilize your Personal Attributes filmed, captured, photographed, or otherwise recorded or memorialized in any manner in connection with any of the Activities, in any medium or format whether now or hereafter existing (including, without limitation, print, direct mail, online, mobile or wireless communications, radio or television broadcast, telecast or photograph), for any purpose whatsoever (including, without limitation, in connection with the creation, advertising, sale and/or promotion of any products and/or services), and without any payment, consideration, or notice to or consent by you or any third party.

You hereby forever and irrevocably waive any rights you may have in or to any of the foregoing, and you understand and agree that we and Rocket Youth Brands and its designees are the exclusive owners (to the extent the materials are created by or at the direction of each such party) of any and all right, title, and interest, including copyright, in and to any materials of any kind or nature containing or developed from use of your Personal Attributes.

FOR PARTICIPANTS UNDER 18 YEARS OF AGE:

If a participant in the Activities is under 18 years of age, the person agreeing to these Terms of Use further agrees as follows:

I am the parent or legal guardian of participant. I agree to these Terms of Use (and all other terms, conditions and policies referenced herein), and the above Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement, on behalf of myself and on behalf of my child; my child is bound by the foregoing, and I will ensure that my child honors his/her obligations hereunder and thereunder. All payments made on behalf of my child are being made by me, not by my child. I have spoken to my child about the Activities, my child understands and appreciates the risks of participating in the Activities, and my child has voluntarily decided to participate in the Activities. I will indemnify and hold Releasees harmless from and against any Losses arising out of or in any way related to (i) the foregoing, (ii) my child’s attendance at or participation in any of the Activities, or my child’s attendance at the locations, places and/or buildings and facilities at, on or in which the Activities take place, (iii) any breach of the foregoing, including any representations, warranties and agreements, or (iv) any attempt to rescind, limit or disaffirm any of the foregoing. I hereby expressly approve of my child’s attendance at or participation in any or all of the Activities, and my child’s attendance at the locations, places and/or buildings and facilities at, on or in which the Activities take place. I acknowledge and agree that I am waiving certain rights on behalf of my child that my child otherwise may have. I acknowledge and agree that but for the foregoing, my child would not be permitted to participate in the Activities.

ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND DISCOVERY PROCEDURES AND APPELLATE RIGHTS ARE MORE LIMITED THAN IN COURT.

1. Disputes that Must be Arbitrated

This agreement to arbitrate applies to any Dispute between you and us or Rocket Youth Brands. “Dispute” means any dispute, claim, or controversy (excluding those exceptions listed below) between you and us or Rocket Youth Brands, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that either of us seeks legal recourse for and that arises out of or in any way relates to your use or attempted use of the Activities, or the Site (whether arising out of or relating to past, present, or future acts or omissions). Disputes that must be resolved by an arbitrator also include disputes over the validity, enforceability, or scope of this agreement to arbitrate or any portion of it.

The exceptions to this arbitration requirement are:

(i) claims that can be brought as individual actions in small-claims court;

(ii) pursuit of enforcement actions through a government agency if the law allows;

(iii) an action to compel or uphold any prior arbitration decision;

(iv) your or our right to seek injunctive relief in a court of law to preserve the status quo while an arbitration proceeds;

(v) claims of intellectual-property infringement;

(vi) the enforceability of the requirement that arbitrations must be conducted on an individual rather than a class basis; and

(vii) certain roles expressly specified for courts in the terms below.

Notwithstanding any other venue provision stated in these Terms of Use, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of our intellectual property is taking place or originating.

2. Informal Resolution

If you have a Dispute against us or Rocket Youth Brands or if we have a Dispute against you, we will attempt to resolve the Dispute informally before an arbitration is filed in order to resolve the Dispute faster and reduce costs for both parties. You and we will make a good-faith effort to negotiate the resolution of any Dispute for at least 30 days (“Informal Resolution”) from the day you or we receive a written notice of a dispute from the other party (a “Notice of Dispute”) in accordance with these Terms.

You must send any Notice of Dispute to the address for Rocket Youth Brands specified above, ATTN: NOTICE OF DISPUTE. We will send any Notice of Dispute to your registered email address and any address you have provided us. The Notice of Dispute sent by either party must include the sender’s name, address, and other contact information, a description of the Dispute (including any relevant account names), and what resolution to the Dispute is being sought.

The Notice requirement is designed to allow us (or you, in the case of a dispute we assert against you) to make a fair, fact-based offer of settlement if we or you choose to do so. You and we cannot proceed to arbitration unless this information has been provided. If you or we proceed to arbitration without providing a compliant Notice of Dispute, the sufficiency of a Notice of Dispute is an issue to be decided by a court. A court may enjoin the filing of an arbitration demand that has not been preceded by a compliant Notice of Dispute and may order a party that has filed an arbitration demand without having provided a compliant Notice to reimburse the other party for any arbitration fees and costs already incurred.

We hope you will try Informal Resolution first, and you must do so before commencing an arbitration, but you don’t have to before going to small-claims court.

3. Small Claims Court

You and we agree that disputes that qualify for small-claims court in the county where you live in the United States may be brought as individual actions only in such small-claims courts. To the fullest extent allowed by applicable law, you and we agree to waive the right to trial by jury in a small claims court.

4. Binding Individual Arbitration

THE ARBITRATION PROCEEDINGS IN THIS SECTION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY.

Under no circumstances do we consent to have any Disputes arbitrated using class action procedures, even if the arbitration provider has rules permitting class arbitrations.

You and we agree that Disputes will be resolved by binding individual arbitration conducted by JAMS, Inc. (“JAMS”), www.jamsadr.com, according to the United States Federal Arbitration Act (“FAA”) and federal arbitration law and according to the JAMS Streamlined Arbitration Rules and Procedures in effect at the time the Dispute arises (the “JAMS Rules”), as modified by these Terms.

“Arbitration” means that Disputes between us will be resolved by a neutral arbitrator instead of in a court by a judge or jury.

“Individual” means that the arbitrator may award the same remedies to you or to us as a court could, but only to satisfy your or our individual claims. To the fullest extent allowed by applicable law, the arbitrator may not award money or other relief for the benefit of any person other than you or us as part of the resolution of any Dispute.

“Binding” means that both you and we will have to live with the arbitrator’s decision, except to the limited extent appeals to a court are permitted under the FAA. As limited by the FAA, these Terms, and the rules applicable to the arbitration, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms, but (as provided above) only to the extent necessary to provide relief to a party in arbitration warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction.

5. Binding Individual Arbitration

You or we may initiate arbitration of Disputes not resolved by Informal Resolution by filing a Demand for Arbitration with JAMS in accordance with the JAMS Rules. Instructions for filing a Demand with JAMS are available on the JAMS website or by calling JAMS at 1-800-352-5267. You must send any Demand for Arbitration to Rocket Youth Brands at the address specified above. We will send any Demand for Arbitration to the email address and to any physical address you have provided us.

The arbitration will be conducted by a single arbitrator. You and we both agree that the arbitration will be conducted in the English language and that the arbitrator will be bound by these Terms.

For Disputes in which the claimant seeks less than $10,000, the arbitrator will decide the matter solely on the basis of written submissions, without a formal hearing, unless the arbitrator decides that a formal hearing is necessary. For matters in which the claimant seeks $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings shall be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is required, and you reside in the United States, the hearing will take place in Miami, Florida, unless the arbitrator determines that this would pose a hardship for the claimant, in which case the in-person hearing may be conducted in the claimant’s state and county of residence.

The arbitrator (not a judge or jury) will resolve the Dispute. Unless you and we agree otherwise, any decision or award will include a written statement stating the decision of each claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions. The arbitrator will have the authority to grant motions dispositive of all or part of any Claim.

To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are Individual to you or us to satisfy one of our Individual claims (that the arbitrator determines are supported by credible relevant evidence).

An arbitration award, and any judgment confirming it, apply only to that specific case; it cannot be used or offered as precedent in any other case except to enforce the award itself.

All aspects of the arbitration proceeding, including but not limited to, the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement or to enforce an arbitration award.

Any decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.

6. Consumer Arbitration Fees

If you start an arbitration against us, you will pay the filing fee required for consumer arbitrations. If we start an arbitration against you, we will pay all filing fees, including the share that ordinarily would have been borne by you.
Arbitration costs do not include your attorneys’ fees and expenses if you choose to be represented by an attorney. If you choose to be represented by an attorney, you will pay your own attorneys’ fees and costs unless the applicable law provides otherwise. Nothing in this provision should be construed as preventing the arbitrator from awarding attorneys’ fees to the prevailing party if applicable law and the JAMS Rules permit such awards.

7. Notice and Filing

To the fullest extent permitted by applicable law, you or we must start arbitration of a Dispute within two (2) years from when the Dispute first arose. If applicable law requires you or us to bring a claim for a Dispute sooner than two years after the Dispute first arose, that shorter deadline applies instead. The failure to begin arbitration regarding a Dispute within the time frames described above in this section shall bar the Dispute, which means that to the fullest extent permitted by applicable law, you and we will not have the right to assert the Dispute.

8. Special Rules for Coordinated Filings

If 25 or more Disputes are initiated with the arbitrator that raise similar claims, and counsel for the claimants are the same or coordinated, these will be considered “Coordinated Cases” and the arbitration provider will treat them as such, including with respect to its fee schedule for mass arbitration filings. Applicable statutes of limitations will be tolled for all claimants once they have provided compliant Notices of Dispute to us but demands for arbitration in Coordinated Cases shall only be filed with the arbitration provider as permitted by the bellwether process set forth below.

Once Notices of Dispute have been provided to us for Coordinated Cases, counsel for claimants and counsel for us shall confer in good faith regarding the number of cases that should proceed as bellwethers, to allow each side to test the merits of its arguments, before the remainder of claims may be filed with the arbitration provider. Any number chosen must be an even number so as to allow each side to designate half of the cases selected for bellwether trials.If counsel for claimants and for us do not agree on the number of bellwethers, the number shall be chosen by the arbitration provider as an administrative matter (or, in the arbitration provider’s discretion, by a process arbitrator). Factors that the arbitration provider may consider in making this decision include the complexity of the dispute and differences in facts or applicable laws among various claims.Once the number of bellwethers is fixed, by agreement or by the arbitration provider, each side shall each select half that number from among the claimants who have provided compliant Notices of Dispute, and only those chosen claims may be filed with the arbitration provider.You agree that if your case is among Coordinated Cases filed against us, resolution of your personal claim might be delayed by this bellwether process.

A single arbitrator shall preside over each Coordinated Case chosen for a bellwether proceeding, and only one Coordinated Case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise.

Once all bellwether trials have concluded (or sooner if the counsel for the claimants and us agree), the parties must engage in a single mediation of all remaining cases, with each side paying half the applicable mediation fee. Counsel for claimants and for us must agree on a mediator within 30 days after the conclusion of the last bellwether trial. If counsel for claimants and for us cannot agree on a mediator within 30 days, the arbitration provider will appoint a mediator as an administrative matter. Counsel for the claimants and for us will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed.

If the mediation does not yield a global resolution, this arbitration requirement shall no longer apply to claimants in Coordinated Cases who provided compliant Notices of Dispute but whose claims were not resolved in bellwether proceedings. Their cases may be filed only in the state courts in Miami, Florida, or if federal jurisdiction exists, in the United States District Court for the Southern District of Florida, and you consent as part of these Terms to venue such cases exclusively in these courts. Nothing in this paragraph shall be construed as prohibiting either you or us from removing a case from state to federal court if removal is allowed under applicable law.

To the extent you are asserting the same claims as other persons and are represented by common or coordinated counsel, you agree to waive any objection that the joinder of all such persons is impracticable. If a formerly arbitrable Dispute is brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in the Coordinated Cases who provided compliant Notices of Dispute, and we reserve the right to contest class certification at any stage of the litigation and on any available basis.

A court shall have authority to enforce this bellwether process and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it.

9. Continuation in Effect

The dispute resolution process set forth in these Terms of Use survives the termination of any other agreement between you and us.

10. Future Terms Changes

Although we may revise these dispute resolution terms in our discretion, we do not have the right to alter this agreement, or the arbitration rules specified herein with respect to any Dispute once that Dispute has arisen if such change would make arbitration procedures materially less favorable to the claimant. Whether the prior or amended procedures apply to a Dispute (i.e., whether the amended procedures are materially less favorable to the claimant than those provided for at the time the Dispute arose) is a matter to be decided by the arbitration provider as an administrative matter or, in the case of Coordinated Filings, by a process arbitrator.

11. Class Action Waiver

To the maximum extent permitted by applicable law, for any case not subject to the requirement to arbitrate (except to the limited extent discussed above for Coordinated Cases), you and we will only bring disputes, claims, or controversies between us in an individual capacity and shall not seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity (like private attorney general actions); or consolidate or combine individual proceedings or permit another to do so without the express consent of all parties to these Terms of Use. For avoidance of doubt, to the fullest extent allowed by applicable law, this class action waiver applies even if a court finds that a Dispute is not subject to mandatory arbitration.

12. Severability

If all or any provision of this agreement is found invalid, unenforceable, or illegal, then you and we agree that the provision will be severed, and the rest of these terms shall remain in effect and be construed as if any severed provision had not been included. The sole exception is that if the prohibition on class arbitrations is found invalid, unenforceable, or illegal, you and we agree that this entire agreement to arbitrate will be void and unenforceable and any dispute will be resolved in court subject to the venue and choice of law clauses specified herein.

No Assignment

These Terms of Use are not assignable, transferable, or sublicensable by you except with our prior written consent.

Waiver

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by us of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

Governing Law

These Terms of Use will be governed by and construed in accordance with the internal laws of the State of Delaware, without giving effect to any choice or conflict of law provision or rule.

Entire Agreement

These Terms of Use, the Rocket Youth Brands Terms of Use, and the Privacy Notice constitute the entire agreement between us and you with respect to your use of the Site. These documents supersede all previous and contemporaneous agreements, proposals, and communications, whether written or oral, with respect to this subject matter.

Additional Information; Contact

If you have any questions about these Terms of Use or any Site Content, please contact us at:

Rocket Youth Brands
2916 N Miami Ave, Miami, FL 33127
Phone: (888) 792-1244
Email: info@rocketyouthbrands.com

Thank you for visiting our Site.