Waiver, Release of Liability and Assumption of Risk
DRAFT — pending attorney review
PLEASE READ CAREFULLY
THIS IS A RELEASE OF LIABILITY. BY AGREEING, YOU GIVE UP THE RIGHT TO SUE BRIGHTWAY OPERATIONS LLC AND THE OTHER RELEASED PARTIES FOR INJURY, DEATH OR PROPERTY DAMAGE, INCLUDING CLAIMS BASED ON THEIR ORDINARY NEGLIGENCE. DO NOT AGREE IF YOU DO NOT UNDERSTAND OR ACCEPT THESE TERMS.
1. Who this agreement is with
This agreement is between you and Brightway Operations LLC, a California limited liability company ("Brightway Operations LLC," "we," "us"), which operates the NoPlateau mobile application, website and related services (the "App"). It is part of, and in addition to, our Terms of Service.
2. Age
You must be at least 18 years old to use the App. By agreeing, you confirm that you are.
3. The App is not medical or professional advice
The App is a tool for logging, planning and tracking exercise. Everything in it is general information only, including the exercise library, templates, programs and program suggestions, suggested weights and progression, warm-up and drop-set calculations, plate calculations, rest timers, charts, records, journal goals, reminders, and any automated or AI-generated content. It is not medical, physical therapy, nutrition or other professional advice, it is not individualized supervision, and it does not see you train. Using the App does not create a doctor–patient, therapist–patient or trainer–client relationship with us.
4. Coaches and other people
If you train with a coach or trainer, including one you connect to through the App, that person is independent and is not our employee or agent. We do not hire, train, certify, supervise or control coaches, and we are not responsible for their advice, programs, conduct or qualifications. The same applies to gyms, spotters, training partners and anyone else you exercise with.
5. Consult a physician
Before starting any exercise program, and before increasing intensity, you should consult a physician, especially if you have or may have a heart condition, high or low blood pressure, diabetes, asthma, a joint, bone, muscle or back problem, a prior injury or surgery, are pregnant or postpartum, take medication, or have any other medical condition. Do not use the App if a physician has advised you not to exercise.
6. Inherent risks of exercise
Strength training, conditioning and other physical activity have inherent risks, including muscle strains and tears, sprains, dislocations, fractures, joint, spine and back injuries, hernias, overexertion, dehydration and heat illness, rhabdomyolysis, cardiovascular events such as heart attack and stroke, permanent disability and death. Risks also come from equipment failure, dropped weights, improper technique, lifting without a spotter or safety equipment, other people, the condition of a gym, home or other location, and from following, misreading or misapplying information in the App — including weights, reps, rest times, programs or suggestions that are wrong because of data-entry mistakes, unit conversions (lb and kg), software errors, sync errors or calculation errors.
7. Your responsibilities
You alone decide whether to do any exercise, how to do it, and how much weight, volume and intensity to use. You agree to warm up, use correct technique, use spotters, collars, safety arms and other safety equipment for heavy or risky lifts, choose loads within your ability, check every weight and number before you lift it, inspect equipment, and follow the rules of any facility. You agree to stop immediately and seek medical help if you have pain, dizziness, chest pain or pressure, shortness of breath, nausea, dark urine or any other unusual symptom.
8. Express assumption of risk
You knowingly and voluntarily assume all risks, known and unknown, of injury, illness, disability, death and property damage arising from or related to your use of the App and any exercise or activity you do in connection with it, EVEN IF THOSE RISKS ARISE FROM THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES (defined below).
9. Release and covenant not to sue
To the fullest extent permitted by law, you, for yourself and your heirs, executors, administrators, personal representatives and assigns, release, waive, discharge and agree not to sue Brightway Operations LLC and its members, managers, owners, employees, contractors, agents, successors and assigns (the "Released Parties") for any and all claims, demands, losses, damages, liabilities and causes of action of any kind arising out of or related to your use of the App or any exercise or activity you do in connection with it, INCLUDING CLAIMS BASED ON THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES. This release does not apply to claims that the law does not allow to be released, including claims for a Released Party's gross negligence, fraud, willful injury, or violation of law.
10. Indemnity
To the fullest extent permitted by law, you agree to indemnify and hold harmless the Released Parties from claims, losses and expenses (including reasonable attorneys' fees) brought by you, your heirs or any third party arising from your use of the App, your exercise activities, or your breach of this agreement, except to the extent caused by a Released Party's gross negligence or willful misconduct.
11. Third-party content
The App may refer or link to exercises, videos, programs or other content made by others. We do not control and are not responsible for third-party content.
12. Electronic agreement and your copy
You agree that checking the box and tapping Continue is your electronic signature and has the same effect as signing on paper. We record which version you accepted and when. You can read this agreement at any time in the App (Profile → Legal), and save or print a copy from our website.
13. General
This agreement is governed by California law. It is intended to be as broad and inclusive as California law allows. If any part is found unenforceable, the rest stays in full effect and that part will be enforced to the maximum extent allowed.
14. Acknowledgment
BY CHECKING THE BOX AND TAPPING CONTINUE, YOU CONFIRM THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, THAT YOU ARE AGREEING VOLUNTARILY, AND THAT YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES FOR ORDINARY NEGLIGENCE.