Terms of Services:
Last Revised May 12, 2022
RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT
1. ACTIVITY AND ASSOCIATED RISKS:
I, the subscriber, have chosen to participate in a ENERGIZING BODY BUILDER Training Program(s) and/or 1 on 1 coaching Program (“Training” page), which is provided by ENERGIZING BODY BUILDER DBA (EBB), and I understand and acknowledge that:
a. the Program is a physical workout or 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;
b. that I am in able health and physically fit to enter into a training program which involves the use of weights, dumbbells, barbells, bands, and other strength training equipment.
c. THE PROGRAM, ANY COMPONENT OF THE PROGRAM, OR ANY CORRESPONDENCE WITH EBB 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 EBB, 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(s) or in any way related to this program(s). This RELEASE does not extend to claims for gross negligence, intentional or reckless misconduct, or any other liabilities that Florida 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(s) or are related in any way to the Program(s).
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 ENERGIZING BODY BUILDER, our directors, employees, affiliates, agents 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 accidents, 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 EBB regarding the performance of and execution of the Program. Continuing, I agree that the Program(s) provided is for my personal use and shall not be shared with anyone.
6. USE OF MY LIKENESS: I understand that during the Program(s) 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 EBB 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 EBB 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.
7. SEVERABILITY: 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 Florida 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 Florida, 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 Florida 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 by email at: firstname.lastname@example.org, that you no longer wish to use our Services, or when you cease using our site.
All Program payments are final (no refunds available). Purchase of any program 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.
Programs found on ENERGIZING BODY BUILDER are solely owned by EBB. Once you purchase any program by EBB and it is downloaded, it is yours to use only as a workout regimen; not allowed to share, post, or re-sell. Doing so will result in legal action against you, the buyer.
We have a 1-month (4 weeks) minimum duration for our 1-on-1 Coaching services. These coaching services are $49.99 (only sold as a monthly option). Unlike other coaching systems designed to completely reconstruct your workout or focus strictly on meeting specific personal records or repetition numbers, our coaching is designed entirely around meeting each client where they’re at and building lasting, sustainable habits on an incremental, week-by-week basis.
By committing to a minimum 1-month term, we can ensure that you and your coach have enough time to really drive progress week by week and dial in on the best individual strategy and approach to reach your personal goals.
After your 1-month term has been met (and has been paid for up until your fourth week from the beginning date), your subscription continues as a month-to-month basis and may be cancelled at any time before your next billing date.
As all months are pre-paid, you will continue to have access after submitting your cancellation until your first missed or cancelled recurring subscription date. You may cancel your re-occurring 1 on 1 coaching program by logging into your ENERGIZING BODY BUILDER account, clicking “end subscription to 1 on 1 coaching”; please make sure you do before the recurring date by at least 1 day. Failure to do so will result in your account being charged for an additional month.
10. STORE PAGE
Return and Refund Policy: All sales final. No returns and refunds. If address was not entered correctly or there are any spelling errors, please e-mail: email@example.com within 24 hours of placing order to be corrected. Otherwise, orders will ship as is.
Shipping Info: Orders ship between 1-3 business days. If there is a delay in product, you will be contacted within 1-2 business days after order is placed.
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 ENERGIZING BODY BUILDER TRAINING PROGRAMS/1 ON 1 COACHING PROGRAM AND/OR BUYING ANY PRODUCT SOLD ON ENERGIZING BODY BUILDER, I AGREE TO THE ABOVE TERMS.