Disclaimer & Terms of Use

Disclaimer

 

Assumption of Risk: By purchasing and/or participating in the exercises and/or routines presenting in the website or other social media you do so at your own assumption of risk and assume the risk of any and all injury and/or damage you may suffer, whether while engaging in the physical exercise or not. This includes injury or damage sustained while and/or resulting from using any premises or facility or using any equipment. Your assumption of risk also includes injuries or damages arising out of the negligence of the Trainer whether active or passive of any of the Trainer’s affiliates, employees, agents, representatives, successors and assigns. Your assumption of risk includes, but is not limited to, your use of any exercise equipment (mechanical or otherwise), or other areas, sidewalks, stairs or other general areas of any facilities or any equipment. You agree you are voluntarily participating in the any activities presented to you by the Trainer and assume all risk of injury, illness, damage or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of Trainer or otherwise.  

 

RELEASE: You agree on behalf of yourself (and all your personal representatives including but not limited to your heirs, executors or agents) to release and discharge Trainer (including but not limited to Trainer’s affiliates, employees or agents) from any and all claims or causes of action (known or unknown) arising out of the negligence of the Trainer, whether active or passive, or any of the Trainer’s including but not limited to affiliates, employees or agents. This waiver and release of liability includes, without limitations, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities and (c) negligent instruction or supervision, including but not limited to personal training.

 

INDEMINIFICATION: By viewing or purchasing any products from the Trainer you hereby agree to indemnify and hold harmless Trainer from any loss, liability, damage or cost Trainer may incur due to the provision of Trainer providing said exercises presented to the public or by purchase. 

 

ACKNOWLEDGEMENT: You expressly agree that the foregoing release, waiver, assumption of risk and indemnity agreement is intended to be as broad and inclusive as permittee by the law and that if any portion  thereof is held invalid, it is agree that the balance shall, notwithstanding, continue in full legal force and effect. You acknowledge that Trainer offers a service encompassing the entire recreational and/or fitness spectrum. This release is not intended as an attempted release of claims of gross negligence or intentional acts. By reading this Disclaimer you release and fully understand that it is a release of liability, express assumption of risk and indemnity agreement. You are aware and agree that by reading this waiver and release, you are giving up your right to bring a legal action or assert a claim against Trainer for Trainer’ s negligence or for any defective product used while viewing training from trainer. You have read said waiver and release and further agree that no oral representations, statements or inducement apart from the foregoing said agreement have been made. 

 

Other/Additional Terms of Use

You agree to indemnify and hold Sharon Piotrowski or representative harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.


To the maximum extent permitted by applicable law, in no event shall Sharon Piotrowski, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service. 

To the maximum extent permitted by applicable law, Sharon Piotrowski or representative assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.


We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.


You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time. 


These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Manatee County, Florida, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Bradenton, FL. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

This website is owned and operated by Sharon Piotrowski. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors information on exercises and routines. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.


In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.


When subscribing to our service, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to subscribe when you commit to subscribe and you complete the check-out payment process.

The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing is available on the payments page.

The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your payment method.

We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.


The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Sharon Piotrowski. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.


You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website.


We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment