ASSUMPTION OF RISK – IMPORTANT – PLEASE READ
a.)The Client acknowledges and agrees that the use of the Services involves risks of injury to persons and property and voluntarily accepts and assumes full responsibility for such risks;
b.)The prices charged for the Services offered by the Trainer are based on the assumption by the Client of the risk of all losses arising from any breach of the undertakings of the Trainer in this Agreement or from the negligence of the Trainer, its employees or agents, other than the losses for which the Trainer expressly assumes liability in this Agreement;
c.)The Client is advised by the Trainer that the Client should consult a qualified physician before engaging in any exercise, fitness activity, changing any dietary habits, before using any recipe if she has concerns about how she or others may individually react to the use of any particular recipe or ingredient, or adopting any treatment for a health problem prior to starting the Services;
d.)The Client is advised to never delay seeking professional advice because of something the Client has read in the Agreement, on the Site or any other source of information coming from the Trainer;
Information and statements provided by the Trainer in written or verbal form are not medical advice, are not intended to diagnose, treat, cure, or prevent any disease and are not intended to represent or guarantee that anyone will achieve the same or similar results;
e.)Information and statements provided by the Trainer in written or verbal form are not medical advice, are not intended to diagnose, treat, cure, or prevent any disease and are not intended to represent or guarantee that anyone will achieve the same or similar results;
DAMAGES AND LIMITATION OF LIABILITY – IMPORTANT: PLEASE READ CAREFULLY AND DO NOT SIGN UNTIL YOU UNDERSTAND!
a.)Any photographs, images, illustrations, video, audio-video clips the Client shares with the Trainer are subject to redistribution by the Trainer (the “Photographs”). By sharing the Photographs with the Trainer, the Client is granting the Trainer a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license to use, copy, modify, distribute, publicly display and publish, retain, repurpose, and commercialize the Photographs in any media or form of communication, without obtaining additional consent, without restriction, notification, and without compensating the Client in any way;
b.)The Trainer shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any Client records or instructions supplied by the Client which are incomplete, incorrect, inaccurate, or any other fault of the Client;
c.)The Trainer shall not be liable to the Client or be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of the Trainer's obligations in relation to the Service, if the delay or failure was due to any cause beyond the Trainer's reasonable control;
d.)The Parties agree that the maximum total liability of the Trainer, in the aggregate, to the Client for any and all claims in any way related to or arising out of the Services under this Agreement, regardless of the cause of action, and the Client’s sole remedy therefor, shall be strictly limited to an award for direct and provable damages suffered by the Client not to exceed in the aggregate the total amount paid by the Client under this Agreement, regardless of the number of claims;
e.) The term “direct and provable damages” means the Fees paid in respect of the Service which caused the loss and does not include any losses caused to the Client from any loss of business, lost revenue or lost profits or from any additional costs incurred by the Client that are not directly related to the performance of the particular service in question;
f.) The Client agrees to indemnify the Trainer against claims, damages, expenses and losses sustained by the Trainer arising out of any dispute resolution process, including but not limited to mediation, or any judgment for damages awarded by a court of competent jurisdiction to the Trainer or to a third party, to the extent that such damages result from an act or omission, including an act or omission in breach of this contract, of the Client;
g.)The Parties agree that the limitations contained in this section are reasonable in scope and that the terms and conditions of this Agreement have been negotiated taking into account such limitations;
h.)The Client further agrees that this paragraph is intended to be as broad and inclusive as permitted by law and that if any portion is held invalid, the balance shall continue in full force and effect.
Force Majeure
a.) If the timetable for performance of any Services is in the opinion of the Trainer (which opinion shall be arrived at using the Trainer’s full discretion), delayed as a result of any act of God or any Force Majeure Event, or as the result of any factor which is beyond the reasonable control of the Trainer, then the timetable for the performance of the Services shall be extended for the period of time that the Services have been delayed as a result of such factor or event and the Trainer shall be excused from performing the Services, in the Trainer’s full discretion;
b.)For purposes hereof, "Force Majeure Event" means any strike or other labor dispute, riot, war, act of terrorism, any natural disaster, epidemics, fire, flood, civil disturbance, explosion, act of Governmental Authority or Governmental Agency, or any other contingency beyond the reasonable control of the Trainer.