Terms and Conditions of Participation

(Consent of Individual Participant and Liability Waiver)

The individual whose name appears below (“I” or “Participant”) desires to participate in the Arm Care Program (“Program”) utilizing applications and software provided for computers, tablets and smart phones developed by or for FITWORKS, INC., a Colorado corporation (“FitWorks”), d/b/a Arm Care for the purposes of evaluating my arm and shoulder strength and range of motion (“ROM”) as it relates to playing baseball. I understand that the Program was developed and is based on evidence-based research. The goal of my participation is to establish a baseline of where I currently am today with respect to arm and shoulder strength and ROM, to improve my performance on the baseball field and to avoid potential injuries. I am informed that the Program uses a dynamometer device which wraps around my wrist and a wall banner to evaluate ROM. I further understand that at the conclusion of the exam that I will be provided with a detailed report (“Report Card”) with an analysis of my strength, symmetry, trends and benchmarks. This Report Card will also include insights for my protection and benefit if the test results are not within normal limits when I might be at increased risk of injury. The Report Card will also include a customized warmup, recovery and/or strengthening for the day of the test. I understand that based on my age, history of soreness and injury, time of year (in-season, off-season), Report Card results and my feedback (based on daily check-in), the Program will provide recommendations designed to reduce the risk of injury by tracking strength and ROM trends over time to identify fatigue and movement restrictions. The Program is designed to provide me (and my coach, if any) with recommendations for the reduction or elimination of my throwing workload or intensity until I regain strength and ROM. Prior to participating in this Program, I have been advised by Arm Care to consult my own physician or other health care professional to confirm my suitability to participate.

I also understand and agree with the following terms:

General.  The Program and any related computer software, applications or website is designed for educational purposes only and is not engaged in rendering medical advice. The information provided through the Program should not be used for diagnosing or treating a health problem or a disease. It is not a substitute for professional health care. I understand that if I have or suspect that I may have an injury or other health problem, I should consult my own health care professional or provider.  In particular, if I am  experiencing a medical emergency, I should discontinue my participation in the Program and immediately call 911 for assistance.  Arm Care and its affiliates have no liability, obligation or responsibility to any person or entity for any loss, damage, or adverse consequence alleged to have happened directly or indirectly as a consequence of using the Program.

  1.   No medical advice

1.1 The Program provides general information only and does not constitute providing medical or health care services of any kind, nor engagement in human subjects research.

1.2 The information provided in the Program is not medical advice and should not be treated as such.

  1.   No warranties

2.1 The information from the Program is provided without any representations or warranties, express or implied.

2.2 Without limiting the scope of Section 2.1, there is no warranty or representation that the  information in the Program:

(a)  will be constantly available, or available at all; or

(b) is true, accurate, complete, current or non-misleading.

  1.   Medical assistance

3.1 I must not rely on the information on the Program as an alternative to medical advice from my physician, physical therapist or other healthcare professional or provider.

3.2 If I have any specific questions about any medical matter, I should consult my physician, physical therapist or other healthcare professional or provider.

3.3 If I think I may be suffering from any medical condition, I should seek immediate medical attention.

3.4 I should never delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information provided to me in the Program.

  1.   Interactive features

4.1 The Program includes or may include interactive features that allow users to communicate with Arm Care or to access additional information designed to be responsive to the user’s input.

4.2 I acknowledge that, because of the limited nature of communication through the Program’s interactive features, any assistance or additional information I may receive using any such features is likely to be incomplete and may even be misleading.

4.3 Any assistance or additional information I may receive using any of the Program’s interactive features does not constitute specific advice and accordingly should not be relied upon without further independent confirmation.

I give permission to proceed with the Program which consists of the evaluations referred to in this Terms and Conditions document for the purposes described, together with data collection for research, education and training. Permission to provide my Report Card to my Parents and to the Coach named below, if any, is also granted. My use of any software or applications provided by Arm Care is also subject to the terms of the applicable software license available online. I have had the opportunity to ask questions and all my questions have been answered to my satisfaction. I further understand that the end ROM and strength may test the limits of my capability, and as with all exercise, has the possibility of causing injury. I understand that all reasonable precautions will be taken to obtain good information without injury occurring. By approving these Terms and Conditions in the manner described below, I hereby waive, relinquish and release unto FitWorks Inc. dba Arm Care and all its affiliates, subsidiaries, owners, managers, officers, employees and contractors of and from any and all loss, damage, cost, expense or injuries that may occur during the course of the Program. While I understand that one of the goals of the Program is to prevent future injuries, there is and can be no guarantee of any kind that injury may not occur to me in the future, since there are multiple factors contributing to such events. I represent and warrant to Arm Care that I am thirteen (13) years old or older as of the date I have signed this document. By selecting/checking the box, I agree to the above and foregoing Terms and Conditions.

*      By proceeding with the registration, I agree to the above and foregoing Terms and Conditions, and verify that I have legal authority (legal custody) to give permission for this child to participate in the Arm Care Platform and I do give such permission.