Effective as of: January 1, 2025
Last Updated: January 1, 2025
THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW.
Participating in hot yoga includes inherent risks and entails intensive exertion and physical activity conducted in a room set to high temperatures and high humidity. Risks include, but are not limited to dehydration, dizziness, and fainting. Participating in contrast therapy and the use of infrared or traditional saunas, involves certain inherent risks, including but not limited to dehydration, dizziness, fainting, and burns; and the use of cold plunge pools involves certain inherent risks, including but not limited to, cold shock response, hypothermia, and other potential health risks.
- SCOPE OF AGREEMENT
Please read these Terms of Service (“Terms”) carefully before using https://www.bluemoonyogastudios.com (the “Site”), our mobile application (“App”), services or classes (including without limitation Yoga and Contrast Therapy) provided at one of our studios, or any other services that we provide (collectively, the “Services”). The Terms are an agreement between you and Blue Moon Yoga, LLC dba Blue Moon Yoga and Wellness (referred to as “Blue Moon”, “us” or “we”) and set forth the legally binding terms and conditions for your use of the Services. The Terms hereby incorporate by reference our Privacy Policy (the Terms and Privacy Policy are collectively, the “Agreement”).
By accessing or using the Services in any manner, including, but not limited to, visiting a studio, browsing the Site, downloading the App, or contributing content or other materials to the Site or via the App, you agree to be bound by the Terms and the Agreement. You are only authorized to use the Services if you agree to abide by all applicable laws and to the Terms and Agreement. Please read these Terms carefully and save it. If you do not agree with the Terms, do not access the Site or App and discontinue use of the Services immediately.
- ACCESSING THE SERVICES AND ACCOUNT SECURITY
To access the Services, you may be asked to provide certain details or other information. It is a condition of your use of the Services that all the information you provide to us is correct, current and complete. You agree that your failure to provide complete and accurate information may result in the termination of your access to the Services. By using the Services, you represent that you are over 16 years of age, and, if between the ages of 16-17, your parent or guardian has consented to the Terms of Service and your use of the Services. To consent on behalf of a minor follow the instructions in the Frequently Asked Questions section of our website.
From time to time, we may restrict access to part or all of the Services, including studio classes, the Site, and App. In order to access some of the Services you will have to create an account. You may not use another person’s account. You agree that you are solely responsible for the activity that occurs on your account. You agree to keep your account password secure and confidential. You agree to notify us immediately of any breach of security or unauthorized use of your account.
- PROHIBITED USES
You may use the Services only for lawful purposes and in accordance with the Agreement. You agree not to use the Services:
- For any unlawful purpose, or that could violate any applicable federal, state, local, or international law or regulation;
- To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or other persons using the Services or expose them to liability.
Additionally, you agree not to:
- Use the Services for any commercial purpose;
- Use the Services in any manner that could disable, overburden, damage, or impair the Site or App or any other party’s use of the Services;
- Use any robot, spider or other automated device, process, or means to access the Service for any purpose;
- Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
- Use the Services to distribute unsolicited promotional or commercial content, or solicit other persons using the Services for commercial purposes;
- Otherwise attempt to interfere with the proper working of the Service.
NO RECORDING: You acknowledge and agree you will not record or transmit in any manner including, without limitation via video, audio, still photography, streaming, or social media posting, any Blue Moon classes or activities without the prior written consent from an authorized corporate officer of Blue Moon. This prohibition includes temporary recording/transmission via services such as SnapChat, Facebook, or Instagram. For avoidance of doubt, individual Blue Moon instructors and locations are not authorized to provide such consent.
- MOBILE SERVICES & MESSAGING AGREEMENT
Some of the Services may be available via your mobile phone, including but not limited to (i) book and/or purchase Services via your mobile phone, (ii) receive and reply to Blue Moon messages, (iii) browse Blue Moon from your mobile phone and (in) access certain Blue Moon features through a mobile application you have downloaded and installed on your mobile phone (collectively the “Mobile Services”). We do not charge for the Mobile Services. However, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services.
MESSAGING AGREEMENT: You consent to sending and receiving SMS messages and or emails containing class confirmations, exclusive content, promotional offers, and other content to and from us. Message and data rates may apply. You may OPT OUT at any time. You understand and agree that text messages sent to your mobile phone/device may be generated using automated technology. Your consent to receive text messages is not required to make a purchase or attend any Blue Moon Facility.
- INTELLECTUAL PROPERTY RIGHTS
The content on the Site and App, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Blue Moon, subject to copyright and other intellectual property rights under the law. Content is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Site and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or Services provided by you to us are non-confidential and shall become the sole property of Blue Moon.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the App or Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the App, Site or Content therein.
- MEDIA RELEASE
You grant Blue Moon, any transferee or licensee or any of them, a perpetual, worldwide, irrevocable, fully paid, royalty free license to utilize, display, and reproduce, your name, image, likeness, and voice in any medium including, without limitation, pictures, video, sound recordings and other references or records or activities related to which may depict, record or refer to you for any purpose (“Likeness”), including commercial use by us, our sponsors and our licensees. This permission is for use anywhere in the world and on the world wide web and for an unlimited period of time. You understand and agree that you will not be compensated or receive additional consideration for consenting to the use of your Likeness and that you will not be given a chance to receive, inspect or approve the promotional or marketing material, messages and/or content that may use your Likeness.
- POLICIES, RULES, AND REGULATIONS
Blue Moon facilities are alcohol and drug free in all areas, you understand that you may not be under the influence of drugs, alcohol, or any other intoxicants which inhibits your ability to be safe and cognizant. Inappropriate loud, sexual, or distracting behavior in any area is not allowed.
You may not bring unauthorized guests into any area of the facilities. Any violation of this policy is grounds for exclusion from participation in any Blue Moon Services and activities.
TERMINATION FOR CAUSE: Blue Moon may terminate membership if: 1) member fails to make timely payments; 2) the monthly payment or dues are interrupted or discontinued for any reason and member does not provide an acceptable alternative; 3) member fails to follow any of Blue Moon Yoga and Wellness’s policies, membership policies or violates any part of this Agreement; or 4) member conduct violates studio etiquette and/or is improper or harmful to the best interests of Blue Moon or its customers.
- FEES
You acknowledge that Blue Moon charges fees for the Services and, subject to applicable law, Blue Moon reserves the right to change its fees from time to time in its sole discretion. Further, we reserve the right to modify monthly membership dues by not more than twenty percent (20%) per calendar year nor more frequently than twice per one-year period. Members will receive 30-days written notice of any such modifications to dues. Such monthly dues, as increased, shall be referred to herein as the “Monthly Dues.” Prepaid memberships will not be modified before the expiration of the existing term.
- TERMINATION & SURVIVAL
You acknowledge that Blue Moon has the right to refuse Services or admittance to anyone, including you, for any reason. We may terminate your access to the Services at any time, in our sole discretion, without cause or notice. Further, we reserve the right to terminate the client relationship and discontinue service and admittance if you fail to follow any of our Terms or the Agreement, (including studio policies and studio and contrast room etiquette, or your conduct is improper or harmful to the best interests of Blue Moon, its staff or customers. You may terminate your account or any membership that you have purchased (in accordance with the Agreement and Terms) by emailing hello@bluemoonyogafresno.com. Cancellations by phone, voicemail, or in-person will not be accepted and are not valid. We may terminate your account or membership at any time, without warning, if you breach the Terms or the Agreement. If we terminate your account or membership because you have breached the Terms or Agreement, you will not be entitled to a refund of any fees or for any unused portion of any membership packages or class packages.
The following provisions will survive termination of this Agreement §3, §5, §6, §10, §15, §16, §19, §20, §23, and §24.
- NON-HARASSMENT POLICY
Blue Moon disapproves of any unwelcome, inappropriate and/or offensive conduct by its personnel, its members, or clients. If you believe you have been subject to unwelcome, inappropriate, and/or offensive conduct, including while participating in an individual or group class at a Blue Moon studio, or any other Blue Moon-related context, we encourage you to clearly and promptly tell the person engaging in the conduct that is unwelcomed and offensive (if you are comfortable doing so). We also ask that you promptly notify a member of our management team at hello@bluemoonyogafresno.com. When making a report or complaint, we strongly recommend that you provide as much specific information as possible in writing, including the following regarding each alleged incident: date, time, place (specify studio location), names of any witnesses, what was said or done, and any other relevant surrounding facts/circumstances.
- ASSIGNMENT
You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without our prior written consent. Any attempted assignment or transfer without complying with the foregoing will be void. When permitted under the applicable law, we may freely assign or transfer this Agreement.This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.
- ENTIRE AGREEMENT & NO WAIVER
The Terms, together with our Privacy Policy and Waiver and Release (collectively, the “Agreement”), and any other legal notices published on the Services, shall constitute the entire agreement between you and us concerning the Services, and supersedes all prior terms, agreements, discussions and writings regarding the Services. If any provision of the Agreement is found to be unenforceable, then that provision shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect. No waiver of any term of the Agreement shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under the Agreement shall not constitute a waiver of such right or provision.
- SERVICES INTERRUPTIONS
Our Services may be suspended temporarily or permanently without notice to you for security purposes, maintenance or repair, system failures, or other similar circumstances (collectively, “Service Interruptions”). You acknowledge and agree that you are not entitled to a refund or rebate related to such Service Interruptions.
- INDEMNIFICATION
You agree to release, indemnify, and defend Blue Moon Yoga, LLC and its subsidiaries, affiliates, related companies, suppliers, licensors and partners, and members, directors, employees, agents and representatives from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: (1) your use of the Services; (2) your conduct or interactions with other users of the Services; or (3) your breach of this Agreement. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.
- LIMITATION OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY. IT LIMITS THE LIABILITY OF BLUE MOON YOGA & WELLNESS TO YOU.
- By entering this Agreement, participating in any services, enrolling, and/or attending classes, events, activities, and other programs of Blue Moon, whether in a Blue Moon facility or using Blue Moon equipment, and/or by using the Services, you hereby acknowledge and agree on behalf of yourself, your heirs, personal representatives and/or assigns, that (a) there are certain inherent risks and dangers that are inherent by participating in Blue Moon services and workout programs; (b) you have voluntarily chosen to participate in an intense physical exercise program; (c) you understand that Blue Moon strongly recommends that you consult with a licensed physician prior to commencing and participating in any classes; (d) you have been fully informed of the strenuous nature of this exercise program and the possibility of adverse physiological occurrences including, but not limited to abnormal blood pressure, fainting, heart attack and death; and (e) you assume all risk for your health and well-being, and fully release and hold harmless Blue Moon, its instructors, members and employees for any responsibility, cost or damages and any injury, harm or loss you may suffer, including death, as a result of participation in any Blue Moon activities.
- If you are enrolling a minor under 18 years of age, the above release applies equally to said minor. All minors must have a profile under their parent or legal guardian’s account using the Family Account feature on Mindbody. No one under 16 years of age may participate in hot yoga or contrast therapy activities. A minor 16-17 years of age may participate in hot yoga and contrast therapy only with permission of a parent or legal guardian. A minor 3 – 15 years of age may participate in non-heated kids’ yoga programs with permission of a parent or legal guardian.
- We provide the Services, including the Site and App, on as “As-is” and “As Available” basis, without warranty of any kind, express or implied.
- We make no promises with respect to, and expressly disclaim all liability for: (1) products, services, information, programming, and/or anything else provided by a third party that is accessible to you through the Services; and (2) the quality or conduct of any third party you encounter in connection with your use of the Services.
- You agree that to the maximum extent permitted by law, Blue Moon, its subsidiaries, affiliates, related companies, suppliers, licensors and partners, and directors, employees, agents and representatives will not be liable to you under any theory of liability. Without limiting the foregoing, you agree that, to the maximum extent permitted by law, Blue Moon will not be liable for any indirect, incidental, consequential, special, or exemplary damages, loss of profits, business interruption, reputational harm, or loss of data (even if foreseeable) arising out of or in any way connected with your use of, or inability to use, the Services.
- Your sole remedy for dissatisfaction with the Services is to cease use of the Services
- Without limiting the foregoing, Blue Moon’s maximum aggregate liability to you for losses or damages that you suffer in connection with the Services is limited to the amount paid by you in connection with the Services in the twelve (12) months prior to the action giving rise to liability.
- COMMUNICABLE DISEASE NOTICE AND LIMITATION OF LIABILITY
Blue Moon takes the spread of any disease, including but not limited to, COVID-19 very seriously; however, Blue Moon cannot guarantee that you, your family, or your guests will not become infected with any disease and/or allergic reactions.
It is possible that attending classes, events and activities at Blue Moon may place you in close physical contact with other members, attendees and staff and could increase the risk that you, your family members, and/or your guests contract a disease and/or allergic reaction. You acknowledge the contagious nature of many diseases and voluntarily assume the risk that you, your family members and/or your guests may be exposed to or infected by a disease that is transmissible from close contact with others at Blue Moon or surfaces they have contacted and that such exposure or infection could result in personal injury, illness, permanent disability, and death. You understand the risk of becoming exposed to or infected by a disease that is transmissible from close contact with others or surfaces they have contacted at Blue Moon may result from the actions, omissions, or negligence of you or others, including, but not limited to, Blue Moon employees, members, and attendees.
By attending in person classes, events, activities, and other programs and/or entering the Blue Moon facilities and using equipment, you voluntarily agree, on behalf of yourself, your heirs, personal representatives and/or assigns, and any minor child you may enroll: (a) to assume all of the foregoing risks and accept sole responsibility for any injury, illness, damage, loss, claim, liability, or expense, of any kind (including, but not limited to, personal injury, disability, and death) that may occur to you or your family members in connection with attendance at Blue Moon or as a result of participation in Blue Moon programs; and (b) covenant not to sue, Blue Moon, its instructors, clients, or employees, from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto, based on the actions, omissions, or negligence of Blue Moon, its instructors, members, and employees, whether a COVID-19 infection or infection from another disease occurs before, during, or after attending Blue Moon facilities or participating in any Blue Moon program or Services.
- HEALTH WARRANTY ACKNOWLEDGEMENT
You acknowledge and agree that you are voluntarily participating in hot yoga and/or contrast therapy activities at Blue Moon with knowledge of the dangers involved with such activities and accept the inherent risks. You understand that hot yoga entails intensive exertion and physical activity conducted in a room set to high temperatures and high humidity.
You are aware of the potential risks associated with using infrared or traditional saunas, including but not limited to dehydration, dizziness, fainting, and burns. You understand that it is recommended that you consult with a medical professional before using infrared or traditional saunas, especially if you have any pre-existing medical conditions or concerns. If you are using any medications or have a medical history of circulatory system problems, you must consult a physician prior to the use of the sauna. If you are pregnant or have a pacemaker, DO NOT USE THE SAUNA. Discontinue the use of the sauna if you feel light-headed, dizzy or heat exhausted. It is advised to drink plenty of water before and after your sauna session.
You understand and acknowledge that the use of cold plunge pools involve certain inherent risks, including but not limited to, cold shock response, hypothermia, and other potential health risks. The use of drugs or alcohol prior to or during the contrast session are not permitted and may lead to dizziness or unconsciousness. You voluntarily assume all risks associated with the use of the sauna and cold plunge facilities. You represent that you are in good physical condition and have no medical conditions that would prevent you from safely using sauna and/or cold plunge facilities.
You recognize that the activities and exertion is difficult and strenuous and may cause or aggravate physical injuries or medical conditions, including without limitation, dizziness, dehydration, fainting, nausea, muscle cramping, musculoskeletal injury, sprains and strains, heart attack, stroke, and sudden death.
You acknowledge that Blue Moon has made no claims as to medical results that can or may be obtained through hot yoga and/or contrast therapy. Blue Moon has neither suggested nor will suggest any medical treatment to members or clients. Only licensed medical professionals are qualified to give medical advice. You represent that there are no medical or physical conditions that would preclude your use of the Blue Moon facilities, and you further represent that you have not been instructed by any healthcare professional not to use or participate in hot yoga or contrast therapy.
Representations: You represent that you are capable of performing physical exercise in light of the risk associated with the hot yoga and contrast therapy activities. You hereby acknowledge that you have been examined by a licensed physician in the past 3 months and have been found to be in good health and have no disability, impairment, injury, disease or ailment that would prevent you from engaging in active or passive exercises, heated or otherwise, or which would cause increased risk of injury or adverse health consequences as a result of use of the Blue Moon Facility and/or Services. If you have any questions or concerns regarding your health, hot yoga activities, or contrast therapy, you will contact your physician immediately. You acknowledge that Blue Moon Yoga, LLC is relying on youR representations contained herein to allow you to participate in the hot yoga and/or contrast therapy activities. If you are pregnant, you should not attend heated classes or contrast therapy until you have discussed the risks with your obstetrician and you agree to follow your doctor’s recommendations and will not hold Blue Moon responsible for any injuries to yourself or your fetus caused in whole or in part by your failure to follow your doctors recommendations.
18. WAIVER / RELEASE
In consideration for your voluntary participation in the hot yoga and/or contrast therapy activities you, your family, heirs, executors, representatives, administrators, and assigns do hereby waive, release, and forever discharge Blue Moon, its members, managers, officers, employees, agents, and instructors from any and all responsibilities, liabilities, claims, lawsuits, damages and causes of action of any kind, except those based on gross negligence and/or intentional misconduct, whether foreseeable or unforeseeable, arising out of or related in any manner directly or indirectly, to my participation in the hot yoga or contrast therapy activities.
- SEVERABILITY
A failure to exercise or enforce any right or provision of the Terms or the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any of the remaining provisions.
- NOTIFICATIONS
We may provide notifications to you as required or permitted by law via email to the primary email address associated with your account, mobile notification, hard copy or posting of such notice on our Services. Blue Moon is not responsible for any automatic filtering that you or your network provider may apply to such notifications.
- CONTACTING US
If you have any questions about the Terms or the Agreement in relation to the Services, the Site, or App, please contact us at: hello@bluemoonyogafresno.com
- GOVERNING LAW AND JURISDICTION
All matters, controversies, allegations, or claims arising out of or relating to the Site, the Agreement, the Services, or any applicable additional terms, (collectively, “Dispute”), and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
- ADR, CLASS ACTION WAIVER AND JURY TRIAL WAIVER
Please Read the Following Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court.
Blue Moon and you agree that it would be advantageous to discuss and hopefully resolve any Disputes before formal proceedings are initiated; provided, however, that Blue Moon need not do so in circumstances where its claims of Intellectual Property rights are concerned (“IP Disputes,” with all other disputes referred to as “General Disputes”). The party making a claim – whether you or Blue Moon – shall send a letter to the other side briefly summarizing the claim and the request for relief. If Blue Moon is making a claim, the letter shall be sent, via email, to the email address listed in your Blue Moon account, if applicable. If no such information exists or if such information is not current, then we have no notification or delay obligations. If you are making a claim, the letter shall be sent to hello@bluemoonyogafresno.com. If the Dispute is not resolved within thirty (30) days after notification, the claimant may proceed to initiate proceedings as set forth herein. Either you or Blue Moon, however, may seek provisional remedies (such as preliminary injunctive relief before the expiration of this thirty (30)-day period).
All actions or proceedings arising in connection with, touching upon or relating to any Dispute, or the scope of the provisions of this Section, shall be decided in accordance with the Rules of Arbitration of the American Arbitration Association applying California law. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then the parties shall select a list of seven (7) arbitrators who meet the AAA minimum qualifications and each party taking turns striking from the list until only one (1) remains. You will make the first strike of such arbitrators. We may have the right to pay the fees if required for arbitration to be enforceable. If you are a consumer, you have the right to an in-person hearing. The arbitration shall be a confidential proceeding, closed to the general public; provided, however, that a party may disclose information relating to the arbitration proceedings to its and its affiliates’ lawyers, insurance providers, auditors and other professional advisers. The fact that there is a dispute between the parties that is the subject of arbitration shall be confidential to the same extent. The parties may engage in the discovery or exchange of non-privileged information relevant to the dispute. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator’s award; provided, however, that prior to the appointment of the arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek pendente lite relief (subject to the provisions of these Terms waiving or limiting that relief) in a court of competent jurisdiction in Fresno, California or, if sought by Blue Moon, such other court that may have jurisdiction over you, without thereby waiving its right to arbitration of the dispute or controversy under this Section; provided further, however, that the losing party shall have fifteen (15) business days after the issuance of the arbitrator’s decision to fully comply with such decision, after which the prevailing party may enforce such decision by a petition to the Fresno County Superior Court or, in the case of you, such other court having jurisdiction over you, which may be made ex parte, for confirmation and enforcement of the award.
As permitted by applicable law, both you and Blue Moon waive the right to bring any Dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any Dispute brought by anyone else. Notwithstanding any provision in the to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the Disputes of different persons into one proceeding. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims of this Section is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding, and not in arbitration.
AS PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THE AGREEMENT, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.