TERMS OF SERVICE
RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT
1. ACTIVITY AND ASSOCIATED RISKS
I, the undersigned, have chosen to participate in a Katherine Vergara Fitness Membership, Coaching and/or Program (“the Program”), which is provided by Katherine Vergara Fitness (“KVF”), and I understand and acknowledge that:
- The Program is a physical activity, and I may be exposed to dangers and inherent risks (that cannot be eliminated regardless of the care taken to avoid injuries) including but not limited to overexertion, minor injuries such as scrapes, bruises, sprains and strains, more serious injuries such as joint, muscle and bone injuries, concussions and other head injuries, and catastrophic injuries and conditions such as heart attacks and other injuries or conditions which could be fatal;
- That I am in good health and physically fit to enter into a training program which involves the use of weights, dumbbells, barbells and other strength training equipment;
- THE PROGRAM, ANY COMPONENT OF THE PROGRAM, OR ANY CORRESPONDENCE WITH KVF IS NOT MEDICAL ADVICE NOR IS IT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR YOUR FITNESS TO PARTICIPATE IN A PHYSICAL ACTIVITY.
In consideration of the permission to participate in the Program, I agree to the terms below:
2. ASSUMPTION OF THE RISKS
I hereby freely assume the above-mentioned risks as well as other risks not listed that are part of the Program, and any harm, injury or loss that may occur to me as a result of my participation in the Program. I also understand that any equipment used is used at my own risk.
3. RELEASE OF LIABILITY
I hereby release KVF, its employees, agents, officers, and contractors FROM ALL LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS that arise in any way from any injury, death, loss or harm that occur to me during the Program or in any way related to the Program. This RELEASE does not extend to claims for gross negligence, intentional or reckless misconduct, or any other liabilities that California law does not permit to be excluded by agreement. I also agree NOT TO SUE or make a claim against the Released Parties for death, injuries, loss or harm that occur during the Program or are related in any way to the Program.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Katherine Vergara Fitness, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
4. INDEMNIFICATION HOLD HARMLESS AND DEFENSE
I promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties (defined in Section 3) against any and all claims to which Section 3 of this agreement applies, including claims for their own negligence. I also promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties against all claims for my own negligence, and any other claim arising from my conduct during the Program. In accordance with these promises, I will reimburse the Released Parties for any damages, reasonable settlements and defense costs, including attorney’s fees, that they incur because of any such claims made against them. I agree that in the event of my death or disability, the terms of this agreement, including the indemnification obligation in this Section, will be binding on my estate, and my personal representative, executor, administrator or guardian will be obligated to respect and enforce them.
5. AGREEMENT TO FOLLOW DIRECTIONS
I agree to follow the instructions as provided
by KVF regarding the performance of and execution of the Program.
Furthermore, I agree that the Program provided is for my personal use and shall not be shared with anyone.
6. USE OF MY LIKENESS
I understand that during the Program I may be asked to submit photos or videos of myself performing prescribed exercises. To the fullest extent allowed by law, I waive all rights of publicity or privacy or pre-approval that I have for any such likeness of me or use of my name in connection with such likeness, and I grant to KVF and its assigns permission to copyright, use, and publish (including by electronic means) such likeness of me, whether in whole of in part, in any form, without restrictions, and for any purpose. In the event that I DO NOT wish for my likeness to be used by KVF for any purpose, I will OPT-OUT by providing clear written notice at the beginning of the Program to the following email address: email@example.com.
I agree that the purpose of this agreement is that it shall be an enforceable
RELEASE OF LIABILITY AND INDEMNITY as broad and inclusive as permitted by California law. I agree that if any portion or provision of this agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of this agreement.
8. APPLICABLE LAW, FORUM & ATTORNEY’S FEES
This agreement is governed by and shall be construed in accordance with the laws of the state of California, without any reference to its choice of law rules. I agree that any dispute arising from this Agreement or in any way associated with the Program shall be brought only in California and I agree to the jurisdiction and venues of those courts for any such dispute. In any litigation in which the validity or enforceability of this agreement is contested, I agree that the non-prevailing party will pay all attorney’s fees and costs of the parties seeking to uphold the agreement.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
To cancel your recurring membership, please email firstname.lastname@example.org notifying why you would like to cancel. In order for your following subscription date to be cancelled, you must send your notification at least three (3) days prior to your billing date.
You will continue to have access to the program, resources, and Facebook community until your next billing date. After that date, you will no longer have access to the members-only sections of our community. If you do not cancel your subscription at least three (3) days before your next billing date, you will be charged for the following term. Purchase of any membership, registration of any subscription, or any other program access or download acknowledges understanding of and agreement to these payment and cancellation terms, and waives any right to refund on payments made.
10. FACEBOOK GROUP
#KFitTeam membership includes optional access to our private #KFitTeam Members-Only Facebook Group. Please note that this is a bonus and optional resource. You are not required to have Facebook in order to run the program. In order to join the Facebook group, we require that your Facebook name match the name used at the time of sign up for #KFitTeam. This is necessary so that we can actively manage and moderate the group beyond the initial approval (otherwise we would have no way of linking your active subscription to your Facebook membership.
If you wish to access the private Facebook group but do not wish to change your name as it appears on Facebook, you may create a new blank Facebook profile for the purpose of group access. Katherine Vergara Fitness does not have any personal or biographical requirements for personal information (aside from a matching name) — in this instance, the account would simply become used as a tool to login to a forum. By purchasing a Katherine Vergara Fitness subscription, you agree to these terms and recognize that Facebook group access is an optional resource, and we reserve the right to reject approval requests if your Facebook name does not match your account name at the time of sign up. We also reserve the right to remove Facebook group members in the event of non-active subscriptions or any violation of our Facebook group rules.
11. CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS AGREEMENT. I HAVE NOT BEEN INDUCED TO AGREE TO THIS RELEASE.
BY DOWNLOADING OR ACCESSING ONLINE ANY KATHERINE VERGARA FITNESS MEMBERSHIP, COACHING AND/OR PROGRAM, I AGREE TO THE ABOVE TERMS.