RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT; TERMINATION AND PROGRAM BILLING
- ACTIVITY AND ASSOCIATED RISKS: I, the undersigned, have chosen to participate in a The Trucking Fitness Company Strength/Fitness Program and/or Nutrition Program (individually and collectively the “Program”), which is provided by The Trucking Fitness Company and I understand and acknowledge that:
A. 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;
B. That I am in good health and physically fit to enter into a training program which involves the use of weights, dumbbells, resistance bands and other strength training equipment;
C. THE PROGRAM, ANY COMPONENT OF THE PROGRAM, OR ANY CORRESPONDENCE WITH THE TRUCKING FITNESS COMPANY RELATED TO THE PROGRAM, THE WEBSITE OR THE SERVICES 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;
d. Nothing in the Program is intended to replace the services of a licensed, trained, in-person physical therapist or other health professional or be a substitute for medical advice of a physician or trained health professional licensed in my state. I should not rely on anything contained in the Website, the Services or the Program, and I should consult a physician licensed in my state in all matters relating to my health. I hereby agree that I shall not make any health or medical related decision based in whole or in part on anything contained in the Program.
e. Any content accessed through the Website, the Services or the Program is for informational purposes only, and is not intended to cover all possible uses, directions, precautions, drug interactions, or adverse effects. The Program should not be used during a medical emergency or for the diagnosis or treatment of any medical condition. I shall consult my doctor or other qualified healthcare provider if I have any questions about a medical condition, or before taking any drug, changing my diet, or commencing or discontinuing any course of treatment. I will not ignore or delay obtaining professional medical advice because of information accessed through the Program.
In consideration of the permission to participate in the Program, I agree to the terms below:
- 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.
- RELEASE OF LIABILITY: I hereby release The Trucking Fitness Company, its members, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors (collectively the “Released Parties”) 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 as a result of my use of the Website, the Services or participation in the Program or in any way related to the Website, the Services or the Program. This RELEASE does not extend to claims for gross negligence, intentional or reckless misconduct, or any other liabilities that Missouri 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 as a result of my use of the Website, the Services or participation in the Program or in any way related in any way to Website, the Services or the Program.
We do not guarantee, represent or warrant that your use of the Website, the Services and/or the Program will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Website, the Services or the Program will be accurate or reliable.
You agree that from time to time we may remove the Website, the Services and/or the Program for indefinite periods of time or cancel the Services and/or the Program at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Website, the Services and Program is at your sole risk. The Website, the Services, the Program and all products and services delivered to you through the Website, the Services and the Program 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 all of which are specifically disclaimed.
In no case shall the Released Parties 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 Website, the Services, the Program or any products procured using the Website, the Services or the Program, or for any other claim related in any way to your use of the Website, the Services or the Program, 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 Website, the Services, the Program or any content (or product) posted, transmitted, or otherwise made available via the Website, the Services, or the Program, 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.
- INDEMNIFICATION HOLD HARMLESS AND DEFENSE: I promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties 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 use of the Website, the Services and/or my conduct during participation in the Program. In accordance with these promises, I will reimburse the Released Parties for any damages, reasonable settlements and defense costs, including attorneys’ 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 4, will be binding on my estate, and my personal representative, executor, administrator or guardian will be obligated to respect and enforce them.
- AGREEMENT TO FOLLOW DIRECTIONS: I agree to follow the instructions as provided by The Trucking Fitness Company 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.
- 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 The Trucking Fitness Company 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 The Trucking Fitness Company for any purpose, I will OPT-OUT by providing clear written notice at the beginning of the Program to the following email address: firstname.lastname@example.org.
- SEVERABILITY: 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.
- APPLICABLE LAW, FORUM & ATTORNEYS’ FEES: This Agreement is governed by and shall be construed in accordance with the laws of the State of Missouri, 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 Missouri and I agree to the jurisdiction and venue 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 attorneys’ fees and costs of the party seeking to enforce the Agreement.
- TERMINATION; PROGRAM BILLING:
The obligations and liabilities of the parties hereto incurred prior to the termination of this Agreement shall survive termination.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of this Agreement, 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 the Services and/or the Program (or any part thereof).
To cancel your recurring membership, login and manage your account at the link here [hyperlink?]. All payments, whether monthly or annually (in correspondence with your recurring subscription type and term) are collected in advance and are final. There are no minimum terms, and you can cancel your subscription at any time.
As long as you cancel before your next billing date, you will not be charged again. You will continue to have access to the Program until your next billing date. After that date, you will no longer have access to the members-only sections of the Website. If you do not cancel your subscription 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.
I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS AGREEMENT. I HAVE NOT BEEN INDUCED TO AGREE TO THIS RELEASE.