The following terms and conditions (the “Terms”) govern your use of the websites located at www.fitstatic.com and mobile applications (App) on which are used by FitStatic inc. and its affiliates.
BY USING THE SERVICE OR BY CLICKING “I AGREE”, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND YOUR AGREEMENT TO BE BOUND BY THESE TERMS, AS WELL AS ALL APPLICABLE LAWS AND REGULATIONS. YOU ARE NOT PERMITTED TO USE THE SERVICE IF YOU DO NOT AGREE TO THESE TERMS. THESE TERMS CAN BE CHANGED, MODIFIED, SUPPLEMENTED, AND/OR UPDATED BY FITSTATIC INC. AT ANY TIME; PROVIDED THAT WE WILL ENDEAVOR TO PROVIDE YOU WITH PRIOR NOTICE OF ANY MATERIAL CHANGES. YOUR CONTINUED USE OF THE SERVICE AFTER THE MODIFICATION OF THESE TERMS MEANS THAT YOU ACCEPT ALL SUCH CHANGES. ACCORDINGLY, YOU ARE ADVISED TO CONSULT THESE TERMS EACH TIME YOU ACCESS THE SERVICE IN ORDER TO VIEW ANY CHANGES TO THESE TERMS. THESE TERMS WERE LAST MODIFIED AS OF THE DATE INDICATED ABOVE.
AS FURTHER DESCRIBED, YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING THIS OR ANY OTHER EXERCISE PROGRAM. THIS IS PARTICULARLY TRUE IF YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED DISCOMFORT WHILE EXERCISING. NOTHING STATED OR POSTED ON THE SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR PROFESSIONAL ADVICE OR CARE. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.
IN THE EVENT OF A MEDICAL OR HEALTH EMERGENCY, PLEASE CALL 911 OR APPROPRIATE EMERGENCY RESPONDERS IMMEDIATELY.
AS FURTHER DESCRIBED BELOW, THESE TERMS PROVIDE FOR THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
YOU CAN OPT-OUT OF THIS AGREEMENT TO ARBITRATE BY CONTACTING US AT info@fitstatic.com WITHIN 5 DAYS OF FIRST ACCEPTING THESE TERMS AND STATING THAT YOU (INCLUDE YOUR FIRST AND LAST NAME) DECLINE THIS ARBITRATION AGREEMENT.
You should also read our Privacy Policy, which is incorporated by reference into these Terms. If you do not accept and agree to be bound by these Terms, including our Privacy Policy, do not use the Site or the products and services offered on the Site or through the App(collectively, “Services”). By accessing the Site or App, you consent to these Terms in electronic form. To withdraw this consent, you must cease using the Site or the App and, if applicable, terminate your account.
FitStatic is tailored towards individuals who are 18 years or older. You acknowledge that you are 18 years or older by accepting these terms.
a. The Service is live virtual training offered through the FitStatic website located at www.fitstatic.com and the mobile application. FitStatic mobile applications and live online training sessions, as each may be updated, relocated, or otherwise modified from time to time, including through networks, embeddable widgets, downloadable software, and tablet computer applications, and all intellectual property contained therein. The Service provides a platform to enable users to access live and on-demand fitness training on their personal computer, mobile device or TV. Any person who accesses and/or uses the Service, whether on his or her own behalf or on behalf of any third party, will be referred to herein as ‘the client’.
b. Subject to the terms and conditions of these Terms, FitStatic hereby grants you a limited revocable, non-exclusive, non-transferable license to access and use the Service, solely in the manner intended by FitStatic. Unless otherwise specified in writing, the Service is solely for your personal use and not for resale. FitStatic reserves the right at all times and without notice to: (i) restrict and/or terminate your access to the Service (or any portion thereof); and (ii) modify or discontinue providing the Service (or any portion thereof).
c. FitStatic’s policy with respect to the collection and use of your personally identifiable information is set in our Privacy Policy. By accepting these Terms, you acknowledge your agreement with FitStatic’s Privacy Policy.
a. Client enrollment. In order to become a FitStatic client, you must complete the registration process by providing FitStatic with current, complete and accurate information, as prompted by the applicable registration form.
b. Accuracy of Information. You acknowledge that in the event you provide any information to FitStatic which is untrue, inaccurate, not current or incomplete, FitStatic may terminate these Terms and your continued access and use of the Service.
c. Eligibility. You represent and warrant that you are at least 18 years of age, that you have not been previously suspended or removed from the Service, you possess the legal right and ability to enter into these Terms. THE SERVICE IS NOT FOR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY FITSTATIC. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICE.
d. If you are using the Service on behalf of an individual, company, entity, or organization (each, an Organization), you represent and warrant that (A) you are an authorized representative of such Organization with the authority to bind such Organization to these Terms, (B) agree to be bound by these Terms on behalf of such Organization, and (C) your Organization meets the eligibility requirements for the Service, as set forth in these Terms. Further, you will be solely responsible for ensuring your Organization complies with these Terms.
e. Credentials. As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. You agree to notify FitStatic immediately of any unauthorized use of your account or any other breach of security. To notify us, contact us at info@fitstatic.com. You are responsible for all use of the Service occurring under your user name. You are responsible for keeping your password confidential and for notifying us if your password has been hacked or stolen. FitStatic will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for any losses incurred by FitStatic or another party due to someone else using your account or password.
You may use the Service solely for lawful purposes, as intended through the provided functionality of the Service. You may not use the Service in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Service. You may not attempt to gain unauthorized access to the Service, user accounts, or computer systems or networks, through hacking, password mining or any other means.
Without limiting any of the foregoing, you expressly agree that you will not (and you agree not to allow or assist any third party to):
a. use, copy, install, transfer or distribute the Service, except as specifically permitted by these Terms;
b. modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Service or its Content (as defined below);
c. remove or alter any copyright, trademark or other proprietary rights notices contained in or on the Service or in or on any content or other material obtained through the Service or the use of the Service;
d. create user accounts by automated means or under false or fraudulent pretenses;
e. use any robot, spider, screen or database scraper, site search or retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Service;
f. probe, scan or test the vulnerability of any system or network or breach any security or authentication measures;
g. reformat, mirror, or frame any portion of the web pages that are part of the Service;
h. express or imply that any statements you make are endorsed by us, without our prior written consent in each instance;
i. transmit (i) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party’s intellectual property or other rights, (ii) any material, non-public information about individuals or companies without the authorization to do so, (iii) any trade secret of any third party, and/or (iv) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us), or engage in spamming or flooding;
j. transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component; use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
k. harvest or collect information about other users without their prior written consent;
l. undertake, cause, permit or authorize the translation, reverse engineering, disassembling or hacking of any aspect of the Service, including Content, or attempt to do any of the foregoing, except and solely to the extent permitted by these Terms, the Services authorized features, or by law, or otherwise attempt to use or access any portion of the Service other than as intended by FitStatic;
m. access, tamper with, or use non-public areas of the Service, FitStatic (and it’s hosting companies) computer systems and infrastructure, or the technical delivery systems of FitStatic’s providers;
n. harass, abuse, harm or advocate or incite harassment, abuse or harm of another person or group, including FitStatic employees and trainers and other users;
o. create a new account with FitStatic, without FitStatic’s express written consent, if FitStatic previously disabled an account of yours;
p. solicit, or attempt to solicit, personal information from FitStatic trainer and other users, except as permitted through the Services functionality;
q. restrict, discourage or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of such person, or collect information about users;
r. gain unauthorized access to the Service, to other users accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service;
s. violate any applicable federal, state or local laws (including laws requiring the consent of subjects of audio and video recordings), regulations or these Terms;
t. use the Service for any illegal, inappropriate and/or unauthorized conduct, including without limitation, using the Service to contact other FitStatic Users for sexual or other inappropriate purposes, or using the Service in violation of FitStatics or any third party’s intellectual property or other proprietary or legal rights; or
u. use or access the Service to build a competing service. We may take any legal action and implement any technical remedies to prevent the violation of these provisions and to enforce these Terms.
You are responsible for compliance with all recording laws. By using the Service, you consent to allow FitStatic to record and store recordings for training and feedback purposes. If you do not consent to being recorded, you should notify FitStatic while you enroll in the service.
a. Following the initial free season, access to the Service, or to certain features of the Service, may require you to pay fees, and may provide you the option to activate recurring automatic payments for those fees. We reserve the rights to change pricing policies and packages periodically.
Before you pay any fees, including before activating or updating any recurring payments, you will have an opportunity to review the fees that you will be charged before you accept them. If you activate or update recurring payments through the Service, you authorize FitStatic to periodically charge, on a going-forward basis and until cancellation, all accrued sums on or before the payment due date for the accrued sums. You can cancel recurring charges by following the instructions in your account settings. It may take up to 7 business days for the update or cancellation to take effect.
b. All fees are in USD, unless otherwise noted and are non-refundable. FitStatic may change the fees for the Service or any feature of the Service, including by adding fees, on a going-forward basis at any time. If FitStatic changes the fees for the Service, including by adding additional fees or charges, you will be provided advance notice of those changes and the opportunity to accept the changes. If you do not accept the changes, FitStaticmay discontinue providing the Service to you.
c. FitStatic will charge the payment method you specify at the time of purchase. You authorize FitStatic to charge all sums as described in these Terms, for the Service you select, to that payment method and you agree to keep your payment information valid and up to date. If you pay any fees with a credit card, FitStatic may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
d. All purchases of Merchandise from FitStatic are made pursuant to a shipment contract. This means that the risk of loss and title for Merchandise pass to you upon our delivery to the carrier of the applicable Merchandise. You are responsible for payment of all shipping charges, both for initial purchase of any Merchandise, as well as shipping charges for returns. FitStatic does not take title to returned items until the item arrives at our fulfillment center. For more information about our returns and refunds, please see our return policy posted on our website. FitStatic attempts to be as accurate as possible when describing its Merchandise. However, FitStatic does not warrant that product descriptions or other content of the Service is accurate, complete, reliable, current, or error-free. If any Merchandise is not as described, your sole remedy is to return it in unused condition.
a. By using the Service or providing Personal Information (as defined in the Privacy Policy) to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. If we learn of a security systems breach, we may attempt to notify you electronically by posting a notice on the Service or sending an email to you, if we have your email address. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at info@fitstatic.com
b. If you wish to remove yourself from any list (other than as set forth in Section 5.b), please email us with an OPT-OUT, UNSUBSCRIBE, STOP or REMOVE in the subject line.
c. Depending on your current carrier plan, you may incur charges for these Messages and Notifications and agree to not hold fitStatic liable for any charges incurred. You acknowledge that any terms between you and any third-party provider (such as, for example, Apple, Android, or Verizon) create no obligation or responsibility on the part of FitStatic, and that FitStatic is not responsible for any failure of warranty by any such third party.
d. FitStatic cannot control certain factors relating to message delivery. You acknowledge that, depending on your mobile carrier’s service, it may not be possible to transmit a text message to you successfully. We have no liability for transmission delays or message failures.
a. You acknowledge that participation in fitness classes via the Service involves strength, flexibility, aerobic, cardio and other exercises, including the use of equipment, all of which can be potentially hazardous activities. You accept full responsibility over the location where you engage in fitness classes via the Service, you acknowledge that FitStatic has no control over the location that you choose, and that the location of participation in fitness activities involves additional risks, including, but not limited to, those caused by terrain, facilities, temperature, weather, environment, vehicular traffic, lack of hydration and actions of other people.
b. In becoming an FitStatic Member with the intent of using the Service, you affirm that either (i) all of the following statements are true: (A) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (B) you have never felt chest pain when engaging in physical activity; (C) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (D) you have never lost your balance because of dizziness and you have never lost consciousness; (E) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (F) your physician is not currently prescribing drugs for your blood pressure or heart condition; (G) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (H) you do not know of any other reason you should not exercise; or (ii) your physician has specifically approved of your use of the Service. If applicable, you further affirm that (i) you are not pregnant, breastfeeding or lactating; or (ii) your physician has specifically approved your use of the Service. FitStatic reserves the right to refuse or cancel your membership if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.
c. By using the Service, you: (i) acknowledge and agree that you are voluntarily participating in fitness classes provided via the Service; (ii) hereby assume and accept any and all risks of injury, physical harm, or death; (iii) acknowledge and represent that you are physically sound and do not suffer from any illness, impairment, disease or other condition that would prevent you from participating in the fitness classes, performing any exercises, or using any equipment; and (iv) knowingly and voluntarily, on behalf of yourself and your heirs and assigns, forever waive, release, discharge and hold harmless FitStatic and its subsidiaries and affiliates, and each of their respective officers, directors, employees, agents, representatives, and each of their respective successors and assigns, individually and collectively, from any and all liability, damages, losses, suits, demands, causes of action (including, without limitation, negligence) or other claims of any nature whatsoever, including, without limitation, any losses for property damage, personal injury, or death, arising out of or relating in any way to your participation in the fitness classes provided via the Service.
a. THE SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ OR HEARD ON THE SERVICE. DO NOT USE THE SERVICE IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY.
b. NOTHING STATED OR POSTED OR OTHERWISE AVAILABLE THROUGH THE SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THE SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND FITSTATIC MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE OR ITS SUITABILITY FOR YOU. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL INFORMATION THAT APPEARS ON THE SERVICE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE SERVICE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL. THE USE OF INFORMATION PROVIDED THROUGH THE SERVICE IS SOLELY AT YOUR OWN RISK.
Trademarks, logos, service marks and trade names (collectively, “Trademarks”) that are ours or Trademarks of any third party displayed on the Site or on Company Content may not be used unless authorized by the trademark owner. All Trademarks not owned by us that appear on the Site or on or through the Services, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without our written permission or that of the third party rights holder. Your misuse of the Trademarks displayed on the Site is strictly prohibited.
(a) Any ideas, suggestions, survey responses, or testimonials that you submit to us or information you submit or post to our chat rooms, message boards, and/or our blogs (“User Content”) will be deemed not to be confidential and may be used by us for any purpose. By submitting or sending User Content to us, you: (i) represent and warrant that the User Content is original to you, that no other party has any rights thereto, and that any “moral rights” in User Content have been waived, and (ii) grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to display, use, reproduce, incorporate, modify, create derivative works of and distribute the User Content (in whole or part). We are not responsible for maintaining any User Content that you provide to us, and we may delete or destroy any such User Content at any time.
(b) You agree that we may record and produce transcripts of all or any part of any live online classes and online training sessions (including voice chat communications and videos) for quality control, for the professional development of instructors, or trainors, to improve our products and services, to share with third parties (on a de-identified basis) for research purposes, and to use and share in accordance with our Privacy Policy. We reserve the right to review the live online classes and online training sessions for any purpose. You agree that we own all transcripts and recordings of such live online classes and online training sessions, and you hereby irrevocably assign to us all rights in all such transcripts and recordings.
(a) Any commercial distribution, publishing or exploitation of the Site or any Company Content is strictly prohibited. Except as expressly permitted by these Terms or by law, you may not download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works of, sell or otherwise exploit any Company Content. If you improperly use the Site, we may aggressively enforce our intellectual property and other rights to the fullest extent of the law, including the seeking of criminal prosecution.
(b) We may investigate and/or terminate your account if you misuse the Site or behave in any way that we regard as inappropriate or unlawful. You agree that, while using the Site and the Services, you will not: (i) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (ii) insert your own or a third party’s advertising, branding or other promotional content into any of the Company Content or Services; or (iii) gain or attempt to gain unauthorized access to other computer systems through the Site.
(c) You agree to not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Site or for any Services or features offered on or through the Site, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Site or the Services including but not limited to any information residing on any server or database connected to the Site or any Services; (ii) use the Site or the Services in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or the Services, including but not limited to sending mass unsolicited messages or “flooding” servers with requests; or (iii) use the Site or the Services in violation of any applicable law or the legal rights of any third party.
(d) You agree that you will not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Services, or any content thereof, or make unauthorized use thereof.
(e) You agree that you will not upload, post, transmit, distribute or otherwise publish through the Site, the Services, or any feature made available on or through the Site, any materials or code which (i) restrict or inhibit any other user from using and enjoying the Site or the Services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, defamatory, obscene, vulgar, offensive, profane, sexually explicit or indecent, (iii) violate any local, state, national or international law, (iv) violate, plagiarize or infringe the intellectual property, privacy, publicity, or other rights of third parties, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact.
(f) You agree that you will treat our online instructors, and trainers with respect and not use obscenities in the online classroom, lie about false emergencies, make threats or discuss personal matters or matters other than those related to the subject for which you seek help. You agree that you will not disclose any information to your online trainer or instructor that could be considered personally identifiable information, such as your full name, address, telephone number, email address, social security number, or any other information that could be used to identify or locate you. Similarly, you agree that you will not solicit any such information from any online tutor or instructor and agree that if any online tutor or instructor ever discloses such information to you, asks you for any personal information, or suggests any offline meeting or conversation, you agree to immediately report this to us by phone and in writing. You agree not to use the Site, Services, and information offered on the Site to recruit, solicit, or contact in any form instructors, or trainers for employment or contracting for a business not affiliated with us without our advance written permission.
(g) If you use, or assist another person in using, our online training services in any unauthorized way, you agree that you will pay us an additional $50 per hour for any time we spend to investigate and correct such use, plus any third party costs of investigation we incur (with a minimum $250 charge). You agree that we may charge any credit card number provided for your account for such amounts. For example, if you create 20 accounts under a hypothetical “one free hour” promotion, using multiple cell phones and/or credit cards, you agree that we may charge your card $1,000 (20 hours times $50) plus $250 in costs, for a total of $1,250. You further agree that you will not dispute such a charge and that we retain the right to collect any additional actual costs.
We reserve the right, but do not have an obligation, to (a) monitor and/or review all materials posted to the Site or through the Services or Site’s features or (b) refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable, violate these Terms, or violate applicable law. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our Terms or applicable law, or for any other reason without notice of liability.
We may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Site. It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our Site and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them now or in the future. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, proprietary or confidential information in your comments to our public forums.
(a) You may be able to link from the Site to third party websites and third party websites may link to the Site. Our instructors and trainers may also send you links to third party websites. You acknowledge and agree that we have no responsibility for the content, products, services, advertising or other materials which may be provided by or through third party websites. Links to third party websites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites. Any reliance on the contents of a third party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
(b) You agree that if you include a link from any other website to the Site, such link will open in a new browser window and will link to the full version of an HTML formatted page of the Site. You are not permitted to link directly to any image hosted on the Site or the Services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another website. You agree not to download or use images hosted on the Site on another website, for any purpose, including but not limited to posting such images on another website. You agree not to link from any other website to the Site in any manner such that the Site, or any page of the Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Site be discontinued, and to revoke your right to link to the Site from any other website at any time upon written notice to you.
a. To the fullest extent permitted by law, you will defend, indemnify and hold FitStatic, its parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents, harmless against any loss or damage of any kind (including, without limitation, attorneys fees and lost revenues) arising from: (i) any and all breaches by you of these Terms or any representation, warranty or covenant contained herein; (ii) any and all use of the Service not specifically authorized hereunder and on the Service; and (iii) any and all claims and actions against FitStatic by other parties to whom you allow access to the Service.
b. To the fullest extent permitted by law, you further waive, release and forever discharge the FitStatic Parties from any and all responsibility or liability for injuries or damages resulting from your training program or any other service obtained through the use of the Service, including injuries or damages caused by the negligent act or omission of the Released Parties or in any way arising out of or connected with the Service.
c. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You will not, in any event, settle any claim or matter without our written consent.
(a) You are solely responsible for all computer hardware and other equipment and all fees for services (such as internet service and wireless services) required for access and use of our on-line Services.
(b) To use the Services, you will need to register on the Site, pay any applicable fees, and create an account, username and password. You agree to provide accurate information about yourself. If we believe that such information is inaccurate, we reserve the right to suspend or terminate your account and refuse any and all use of the Services. You are responsible for maintaining the confidentiality of your account information and for all activities and liabilities associated with or occurring under your account. You must notify us immediately of any unauthorized use of your account or username. You may not transfer your account (including your username or password) to another person and you may not use anyone else’s account at any time without the permission of the account holder. In cases where you have authorized or registered another individual, including a minor, to use your account, you are fully responsible for (i) the online conduct of such user; (ii) controlling the user’s access to and use of the Services; and (iii) the consequences of any misuse. In the event that you permit a minor to use your account, we reserve the right to provide access to your account and all information contained therein to such minor’s parents, guardians or other authorized adults, including, but not limited to, authorized school representatives. You may not use any means to circumvent our access, registration, or payment systems. You may not continue to use the Site or any Services after we have terminated or suspended your access to the Site or the Services.
(a) THE SITE, THE SERVICES, AND COMPANY CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY REGARDING UPTIME OR UNINTERRUPTED ACCESS, AVAILABILITY, ACCURACY, OR USEFULNESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE ALSO ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT, MOBILE DEVICE, OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE, THE SERVICES, OR YOUR DOWNLOADING OF ANY COMPANY CONTENT FROM THE SITE.
FITSTATIC CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR YOUR MISUSE OF ANY OF CONTENT AND INFORMATION ACCESSED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND YOUR RELIANCE UPON ANY OF THE RESPECTIVE CONTENT IS AT YOUR SOLE RISK.
IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
(b) From time to time, we may make third party opinions, advice, statements, offers, or other third party information or content available on the Site or from trainers and instructors, (“Third Party Content”). All Third Party Content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content. WE DO NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT ON THE SITE OR ANY VERIFICATION SERVICES DONE ON OUR TRAINERS, INSTRUCTORS, AND COUNSELORS OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY TUTOR, INSTRUCTOR, OR COUNSELOR OR ANY PARTY THAT APPEARS ON THE SITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON OR AVAILABLE FROM THE SITE OR THE SERVICES.
a. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH FITSTATIC MEMBER IS SOLELY RESPONSIBLE FOR (I) HIS OR HER USE OF THE SERVICE, AND (II) ANY DAMAGES INCURRED BY HIM OR HER OR ANY THIRD PARTY THAT ARISE FROM OR ARE RELATED TO THE SERVICE. THE AGGREGATE LIABILITY OF FITSTATIC FOR ANY DAMAGES, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, WILL BE LIMITED TO ACTUAL DAMAGES PROVED, AND NOT TO EXCEED THE AMOUNT PAID BY YOU TO FITSTATIC FOR THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, NONE OF THE FITSTATIC PARTIES WILL BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF FITSTATIC OR ITS CONTENT PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
b. TO THE FULLEST EXTENT PERMITTED BY LAW, NONE OF THE FITSTATIC PARTIES WILL HAVE ANY LIABILITY WHATSOEVER FOR ANY LOSSES; COSTS OR DAMAGES OF ANY KIND INCURRED OR SUFFERED BY YOU AS A RESULT OF SERVICES PROVIDED BY ANY OF OTHER FITSTATIC MEMBER PURSUANT TO THE SERVICE.
c. YOU REPRESENT THAT YOU HAVE INDEPENDENTLY INVESTIGATED THE ADVISABILITY OF USING THE SERVICE AND THE POSSIBLE RISKS INVOLVED IN USING THE SERVICE. YOU AGREE TO MAINTAIN YOUR OWN INSURANCE COVERING SUCH RISKS AND WILL LOOK SOLELY TO SUCH INSURANCE FOR REIMBURSEMENT OF ANY RESULTING DAMAGES.
d. IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (INCLUDING TRAINERS AND INSTRUCTORS) (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE, THE SERVICES, OR COMPANY CONTENT, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS TO THE EXTENT REQUIRED BY APPLICABLE LAW.
FITSTATIC IS NOT AFFILIATED WITH ANY CARRIER, SERVICE PROVIDER, OR THIRD PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY CARRIER, SERVICE PROVIDER, THIRD PARTY SERVICE OR OTHER THIRD PARTY ARISING FROM YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY OTHER FITSTATIC MEMBER OR YOUR EMPLOYER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE FITSTATIC (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
FITSTATIC will not be liable for any delay or failure to perform any obligation herein if the delay or failure is due to unforeseen events that are beyond FitStatic’s reasonable control, such as strikes, blockade, war, terrorism, riots, natural disasters, epidemic or governmental action, in so far as such an event prevents or delays FitStatic in fulfilling its obligations hereunder.
Generally. In the interest of resolving disputes between you and FitStatic in the most expedient and cost effective manner, you and FitStatic agree that any dispute arising out of or in any way related to these Terms or your use of the Service will be resolved by binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms or your use of the Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms.
YOU UNDERSTAND AND AGREE THAT, UNLESS OTHERWISE PROHIBITED BY APPLICABLE LAW IN YOUR JURISDICTION, BY ENTERING INTO THESE TERMS, YOU AND FitStatic ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION. YOU FURTHER UNDERSTAND THAT THESE DISPUTE RESOLUTION TERMS WILL APPLY TO YOU AND FitStatic UNLESS YOU CHOOSE TO OPT OUT PURSUANT TO SECTION 18.i BELOW.
Whether to agree to arbitration is an important business decision. It is your decision to make, and you should not rely solely on the information provided in these Terms as it is not intended to contain a complete explanation of the consequences of arbitration. You should take further steps to conduct research and to consult with others, including, but not limited to, an attorney, regarding the consequences of your decision, just as you would when making any other important business or life decision.
a. Exceptions. Despite the provisions of the Section entitled Generally directly above, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) bring an action in a court (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
b. Arbitrator. The exclusive means of resolving any dispute or claim arising out of or relating to these Terms (including any alleged breach thereof) or the Site or Services will be BINDING ARBITRATION administered by the American Arbitration Association.
c. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail or electronic mail within the applicable statute of limitations period (Notice). FitStatic’s address for Notice is: info@fitstatic.com.
The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (Demand). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or FitStatic may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or FitStatic must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, FitStaticwill pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by FitStatic in settlement of the dispute prior to the arbitrators award; or (iii) $500.00
d. No Class Actions. UNLESS OTHERWISE PROHIBITED BY APPLICABLE LAW IN YOUR JURISDICTION, YOU AND FitStatic AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING). Further, unless both you and FitStatic agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
e. Modifications to this Arbitration Provision. If FitStatic makes any future change to this arbitration provision, other than a change to FitStatic’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to FitStatic’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you andFitStatic. If you do not send such written notice, your continued use of the Service following any such change means that you have consented to such change.
f. Enforceability. If the Section entitled No Class Actions is found to be unenforceable or if the entirety of this Section 18 is found to be unenforceable, then the entirety of this Section 18 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described directly in Section 21 below will govern any action arising out of or related to these Terms or your use of the Service.
h. Opt Out. Arbitration is not a mandatory condition of these Terms. If you do not want to be subject to this Dispute Resolution provision, you may opt out of this Dispute Resolution provision by notifying FitStatic in writing of your decision by sending, within 30 days of the date you receive these Terms, an electronic message to info@fitstatic.com, stating clearly your full name and intent to opt out of the Dispute Resolution provision. Should you choose not to opt out of this Dispute Resolution provision within the 30-day period, you and FitStatic will be bound by the terms of this Dispute Resolution provision. You have the right to consult with counsel of your choice concerning this Dispute Resolution provision. You understand that you will not be subject to retaliation if you exercise your right to opt out of coverage under this Dispute Resolution provision.
i. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in the federal or state courts located in Texas. You hereby irrevocably consent to the jurisdiction of those courts for such purposes. These Terms, and any dispute between you and us, will be governed by the laws of the State of Texas without regard to principles of conflicts of law, provided that this arbitration agreement will be governed by the Federal Arbitration Act.
The laws of the State of Texas govern these Terms and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws; provided, however, that the United Nations Convention on Contracts for the International Sale of Goods will not apply to any provision of these Terms. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the state and federal courts located in Texas and you hereby irrevocably submit to personal jurisdiction in such courts, and waive any defense of inconvenient forum.
a. Term. The term of these Terms (the Term) will commence on the date on which you first access or utilize the Service in any way (the Effective Date) and will continue so long as you continue to access or utilize the Service; provided that FitStatic reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of these Terms including, without limitation, the suspension or termination of the users access and/or account, or blocking the user from access to the Service. FitStatic may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, FitStaticreserves the right at all times to disclose any information as FitStatic deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in FitStatic’s sole discretion.
b. Effect of Termination. The following Sections of these Terms will survive termination or expiration of the Agreement: 1.c, 2.c, 3, 6, 9, 10, 14, 20, 22.b, 27. Payments by you, which accrue or are due before termination of your membership, will continue to be payable by you, and amounts owed to FitStatic at the time of such termination or expiration will continue to be owed by you, after such expiration or termination.
We reserve the right, at our sole discretion, to modify any portion of these Terms at any time. Changes in these Terms will be effective when posted. Your continued use of the Site and/or the Services after any changes to these Terms are posted will be considered acceptance of those changes.
These Terms comprise the entire agreement between you and us concerning the subject matter of these Terms. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. We may assign these Terms to any person or entity without your consent. You may not assign these Terms without our prior written consent. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
(a) You and we acknowledge that these Terms are concluded between you and us only, and not with Apple, Inc. (“Apple), and that as between Apple and us, we, not Apple, are solely responsible for the App and the content thereof.
(b) Your license to use the App is limited to a non-transferable license to use the App on an Apple-branded product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
(c) You and we acknowledge that Apple has no obligation whatsoever to provide any maintenance or support services with respect to the App.
(d) To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the App, and any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, to the extent it cannot be disclaimed under applicable law, will be our sole responsibility.
(e) To the extent that you or a third party has claims relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, you and we acknowledge that we, not Apple, are responsible for addressing such claims. Nothing in these Terms will be deemed an admission that you may have such claims.
(f) To the extent we are required by law to address claims that the App or your possession and use of the App infringe a third party’s intellectual property rights, you and we acknowledge that we, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of such claims.
(g) You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
(h) If you have any questions, complaints or claims with respect to the App, they should be directed to the following email address: info@fitstatic.com
(i) You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary.
To provide safe fitness classes, FitStatic may record the training sessions. These recordings will be used for purposes of training FitStatic staff, consultants, coaches, trainers and assistant trainers. By participating in the FitStatic classes you consent to FitStatic recording a video of the classes for training purposes. Training videos will not be used for promotional purposes unless additional consent is provided.
MEDICAL ADVICE
(1) I understand that all athletes should consult their physician or other health care practitioner before starting this or any other exercise program. This is particularly true for all athletes with special needs participating in FitStatic activities, classes or programs. I understand that FitStatic strongly recommends all athletes consult their physician or other health care practitioner before participating in any FitStatic exercise program.
(2) I understand that nothing stated or posted by FitStatic is intended to be, and must not be taken to be, the practice of medical or professional advice or care. Your use of the service is at your own risk.
PHYSICAL ACTIVITY, LOCATION AND SUPERVISION
(3) I agree that the athlete is physically, mentally and emotionally able to participate in FitStatic activities, classes or programs. I have undertaken all appropriate medical reviews and attest that the athlete can safely participate in FitStatic activities, classes or programs.
(4) I acknowledge that participation in FitStatic activities, classes or programs involve strength, flexibility, aerobic, cardio and other exercises, including the use of equipment, all of which can be potentially hazardous activities. I accept full responsibility over the location where the athlete engages in FitStatic classes. In addition, I acknowledge that FitStatic has no control over the location the athlete chooses, and that the location of participation in fitness activities involves additional risks, including, but not limited to, those caused by terrain, facilities, temperature, weather, environment, vehicular traffic, lack of hydration and actions of other people.
(5) I understand that FitStatic is not able to physically monitor or supervise the athlete during activities, programs or classes. I further agree to provide appropriate supervision and physical monitoring at all times while the athlete is performing FitStatic activities, programs or classes. In addition, I will provide an emergency contact phone number that will be available for FitStatic to contact if there is an emergency while the athlete is performing a FitStatic activity, class or program. Further I understand that providing an emergency contact should not be relied upon and it is my responsibility to ensure the athlete is appropriately supervised and to be able to call 911 in the event of an emergency.
GENERAL
(6) I understand that the athlete is not permitted to participate in any FitStatic activities, classes or programs if the athlete does not agree to these terms and conditions.
(7) I understand that these terms and conditions can be updated, changed, modified or supplemented byFitStatic at any time, provided that FitStatic endeavors to provide me with prior notice to any material change.
(8) I understand that FitStatic activities involve health and safety risks, and that FitStatic, its trainers, volunteers, venues, staff, and agents cannot reasonably remove these risks. By signing this waiver, I agree to accept all risks associated with being present at or participating in FitStatic activities remotely. I also state and understand that FitStatic relies on my statement that the person named on this participation waiver is physically and mentally fit to participate in all activities in which they are registered.
(9) I agree that FitStatic may accept or not accept the registration of new athletes for any reason. I also agree that FitStatic may suspend or remove anyone registered in FitStatic activities, programs or classes for any reason. This includes any conduct that, in the opinion of FitStatic, poses a risk to the comfort or safety of the person themselves or for others.
(10) By signing this Participation Waiver, either for myself as an athlete, or as the legal guardian on behalf of an athlete, I agree: (a) That I release FitStatic from all legal liability associated with attending or participating in all FitStatic activities to the maximum allowed by law. This release extends to the agents, staff, directors and officers, trainers, athletes, sponsors, hosts, venues and other participants ofFitStatic (called the FitStatic Parties). (b) That this release is made for the person signing this form, the athlete, and all their heirs, dependents, and estates (called the Participant). (c) That I give up the right of the Participant to make any claim of any description against the FitStatic Parties including any claim for damages of any kind associated with the athlete participating in FitStatic activities.
(11) I confirm that I understand and accept full responsibility for the risks and dangers that are inherent in participating in FitStatic activities, programs or classes. These include, but are not limited to, the potential of the following: (a) Bodily injury or illness. (b) Slipping or falling. (c) Dropping weights or equipment on oneself (d) Straining, over exerting, pulling, breaking or otherwise injuring various body parts, muscles or ligaments.
(12) I agree that I give up the right of the Participant, to the maximum extent permitted by law, to make any claim against the FitStatic Parties relating to any illness or injury. I also agree that the FitStatic Parties will have no liability relating to any illness or injury suffered by the Participant. Additional terms and conditions for volunteers concerning privacy policy
This is a legal document and by signing it you are giving up any right you have to make any claims against FitStatic. You are also acknowledging that you will abide by all of FitStatic policies, procedures and Terms and Conditions as posted on their website. If you are signing as a guardian for someone else, you are giving up that person’s right to make any claims against FitStatic. You are also acknowledging that the athlete will abide by all of the FitStatic policies and procedures.