Terms of Service

Overview.

This website is operated by ShayrdAir. Throughout the site, the terms “we”, “us” and “our” refer to ShayrdAir. ShayrdAir offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation to users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing, using, or purchasing a class on our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

 

Release of liability, waiver and assumptions of risks.

In consideration of a class purchase, free or otherwise, ShayrdAir LLC is permitting my participation in an outdoor training experience by ShayrdAir LLC (collectively and/or individually referred to as “ShayrdAir,” “shayrdair”, “SHAYRDAIR”) at an outdoor location, and in engaging in ShayrdAir's service, I am executing this Release of Liability and Assumption of Risks (the “Release”). I agree as follows:

 

Assumption of the risk.

I acknowledge and accept and agree that my participation in this activity is purely voluntary: I elect to participate in these activities despite the risks that they pose and that SHAYRDAIR DOES NOT BEAR THE RESPONSIBILITY OF A CUSTOMER, TRAINEE, AFFILIATE, OR THIRD PARTY CONTRACTING OR SPREADING THE CORONAVRIUS DISEASE (COVID-19) OR SEVERE ACUTE RESPIRATORY SYNDROME CORONAVIRUS 2 (SARS-COV-2) OR ANY OTHER ILLNESS.

I also acknowledge and accept and agree that THE SPORT OF OUTDOOR FITNESS, TRAINING, AND WORKING OUT, INCLUDING ALL ACTIVITIES ORGANIZED BY SHAYRDAIR, INVOLVE INHERENT RISKS THAT COULD RESULT IN SEVERE PHYSICAL OR EMOTIONAL INJURY, DEATH, OR DAMAGE TO MYSELF, TO PROPERTY, OR TO THIRD PARTIES, EVEN IF I FOLLOW THE INSTRUCTIONS AND RULES OF SHAYRDAIR. 

I understand that injuries of all types are a common and ordinary occurrence of training and working out outdoors with ShayrdAir. I have received full information regarding the type of workout being performed and understand the inherent risks therewith and can ask any questions that I wish to my ShayrdAir instructor(s). I have full knowledge of the nature and extent of all risks associated with training outside. The risks include but are not limited to: 

  1. All manner of injuries from falling or jumping from pull-up bars and suspension systems, entry and entrance steps to parks, the ground, rocks, rock-faces and outdoor holds.
  2. Falls resulting in impact with the ground, other trainees or outdoor workout structures.
  3. Falling onto uneven, worn or hard landing surfaces.
  4. The actions or negligence of other participants, including but not limited to inexperience such as, but not limited to, lifting rocks, the utilization of provided equipment, interaction with the natural landscape, and provided personal effects.
  5. Cuts and abrasions resulting from skin contact with the ground, rocks, and outdoor elements interacted with during the training or workout.
  6. Failure or misuse of provided equipment or any natural equipment - including but not limited to rocks, or any part of the landscape, including but not limited to stairs, hills, or fences - by me.
  7. Failure to follow ShayrdAir trainers' instructions or failure to ask for information or assistance.
  8. Being involved in accidents or contracting illnesses while observing or being near other trainees or people doing other Activities.
  9. Overuse injuries.
  10. Risks identified by ShayrdAir through posted warnings, orally, or otherwise.
  11. Other foreseeable or unforeseeable events of circumstances.

I acknowledge that the above list is not a comprehensive recitation of all possible risks associated with training with ShayrdAir, and I agree that such list in no way limits the extent or reach of this Release of Liability Waiver and Assumption of Risks form. If, while training with ShayrdAir, I see or hear anything that I feel is questionable or dangerous, it is my responsibility to inform a ShayrdAir instructor and follow appropriate procedures and instructions thereby given.

I expressly agree and hereby promise to accept and assume all the risks associated with the sport of training, both known and unknown. My participation in this activity is purely voluntary: I elect to participate in these activities despite the risks.

I understand it is my responsibility to seek additional assistance, orientation, instruction, training or assessment from ShayrdAir’s instructors prior to participating in any activity for which I am not trained or qualified.

I agree that I have a duty to inspect and exercise good judgment and act in a responsible manner while training with ShayrdAir or participating in any other related activity and/or outdoor trips, and to obey all oral and written instructions and warnings prior to or during use. I agree that I have a duty to refrain from participating in any related activity and/or outdoor trips when under the influence of drugs and/or alcohol. I further agree that I am responsible for paying the appropriate rate in exchange for training with ShayrdAir.

 

Release of liability and indemnification.

I, on behalf of myself, my spouse, children, parents, heirs, administrators and assigns, representatives, estate and next of kin, also agree to unconditionally release and discharge ShayrdAir and all and each of ShayrdAir’s employees, agents and representatives, (the “Released Parties”), from and against any and all damages, claims, liabilities or causes of action, whether known or unknown, anticipated or unanticipated, suspected or unsuspected, arising out of or related in any way to my participation from any activity, occurrence, or event involving ShayrdAir. I specifically acknowledge that I waive any right to bring any legal action against them for the negligence of the “Released Parties”, including claims for personal injury.

I further agree to hold harmless, indemnify, and defend ShayrdAir from and against any loss, damage, claim, liability or cause of action by third parties, expenses, including costs and attorneys’ fees, incurred by ShayrdAir as a result of participating in any activity sponsored by or involving ShayrdAir. I acknowledge that ShayrdAir shall not be responsible for the safekeeping, loss, theft or damage of my property or the property of any other person. I agree that any relay or failure by ShayrdAir to exercise its rights or remedies under this Agreement will not constitute a waiver of such right or remedy. I agree that this Agreement shall continue in effect in perpetuity to the fullest extent allowed by the law, so that each time I participate in any activity in which ShayrdAir is involved, I shall be bound by its terms.

In the event I suffer any type of injury or damages, I will notify ShayrdAir immediately of the event and cause. I authorize ShayrdAir to stabilize, obtain medical care for and/or transport to a medical facility or hospital if, in the opinion of ShayrdAir trainers, medical attention is required, and I am unable to make such decision for myself. I agree to pay all costs associated with such medical care and related transportation and shall hold harmless, defend, and indemnify ShayrdAir of and from the consequence of such actions and from any such costs incurred relating to such actions.

ShayrdAir reserves the right to use any photograph taken during a training session, activity, or event in ShayrdAir’s promotional materials, brochures and website.

 

Accuracy, completeness and timeliness of information.

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

Modifications to the service and prices.

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

Optional tools.

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

User comments, feedback, and other submissions.

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.


We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

Severability.

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

Termination.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

Entire agreement.

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

Governing law.

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.

 

Changes to terms of services.

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

If any part of this agreement is declared void, I hereby voluntarily waive any right I may have to a trial jury in any action, proceeding, or litigation involving any released party.

This Terms of Service agreement is a binding legal contract. Please read it carefully before agreeing to ShayrdAir’s Terms of Service. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its Terms. The duration of this agreement shall continue until it is cancelled or modified by written agreement.

 

Contact information.

Questions about the Terms of Service should be sent to us at help@shayrdair.com.