This is a binding legal agreement. Please read this liability disclaimer carefully. By accepting these terms and conditions you give up important legal rights.
The website blueskyfitnessandhealthcoaching.com and its contents shall herein be referred to as the site.
The exercise programs, fit tips, nutrition tips and classes offered for information or viewing on the site shall herein be referred to as the program.
Terms of use agreement sets forth the standards of use of the site and its services for registered members. By using the site, you (the “member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website.
We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted the site. Your continued use of the program after amendments are posted constitutes an acknowledgement and acceptance of the agreement and its modifications. Except as provided in this paragraph, this agreement may not be amended.
Awareness and acknowledgment of risks. In consideration of my participation in the site and in matters pertaining to the program, I hereby acknowledge that I am aware of the risks and hazards associated with or related to exercise activities that may result in personal injury, death, property damage, expense and related loss to myself. I also acknowledge that the site strongly cautions and recommends that I consult a physician before participating in the program. If I have any medical conditions, I certify that I have my physician’s permission to begin the program. I understand that the site has not collected any of my medical information and therefore is unable to warn me of all exercise contraindications for specific ailments, injuries, diseases, disabilities or any other medical condition(s). I agree to enter the program slowly and take care not to exceed my capabilities when exercising. I agree that any recommendation for changes in diet including the use of food supplements, weight reduction and/or body building enhancement products are entirely my responsibility and I should consult a physician prior to undergoing any dietary or food supplement changes. I agree that I am voluntarily participating in these activities and use of this website and assume all risks of injury, illness, or death.
Waiver and release from liability. In consideration of my use of the site and in participation of the program, I, for myself, my heirs, executors, and administrators, hereby release waive and forever discharge the site, its directors, members, employees, volunteers, agents, sponsors, funding partners, and owners/operators of the site, from any and all claims and damages I have against them, their representatives, successors and assigns, in respect to death, illness, injury, or loss or damage to my person or property, however caused, that I may sustain as a result of my participation in the program, and notwithstanding that the loss may have been contributed to or occasioned by the negligence of any one or more of the above named.
Application data. In consideration of my use of the site I agree to (a) be 18 years of age or older or obtain the permission of my legal parent or guardian (b) provide accurate and complete information about myself; (c) maintain the security of my password and identification; (d) be fully responsible for all use of my account on the site; e) notify the site of any unauthorized use of my account or any other breach of security known or should be known to the me.
I understand that by using the site I am consenting to have my personal data transferred to and processed in Canada.
Cancellations. Member is responsible to cancel membership by logging into their user account and selecting unsubscribe. If no cancellation is received, monthly service fees will continue to be withdrawn from the members specified account. Member understands that if subscription is not cancelled during the one-week trial period, member’s credit card will be charged upon the completion of trial period and every month following until member unsubscribes. If member has signed up for the 12-month membership, member understands that the option to unsubscribe will not be available until the 12-month period is complete, unless cancellation is made within trial period.
Additional service. The site is providing member with workout videos etc. Member must provide (1) all equipment necessary for their own internet connection, including computer and modem and (2) provide for member’s access to the internet, and (3) pay any fees relate with such connection (4) and any equipment needed to participate in services.
User conduct. I understand that except for advertising programs offered by the site, all products and services available through the site and the site itself are available solely for my personal, non-commercial use. I represent, warrant and agree that no materials of any kind submitted through my account or otherwise posted, transmitted, or shared by myself on the site will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
Disclaimers. I understand that the site may be temporarily unavailable from time to time for maintenance purposes or for other reasons. The site assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, my communications. I understand that the site is not responsible for any technical malfunction or other problems of any telephone network or services, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet or at any site or combination thereof, including injury or damage my or any other person’s computer, mobile phone or other software or hardware. I also understand that the site reserves the right to change any and all content, software, and other items used or contained in the site and any services offered through the site at anytime without notice.
Warranties. The program provided by the site is on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, the site makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. The site shall have no liability for any interruptions in the use of this website. The site disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore, the above-referenced exclusion is inapplicable.
Governing jurisdiction. The site is operated and provided in the province of Manitoba. As such, we are subject to the laws of the province of Manitoba, and such laws will govern this Term of Services, without giving effect to any choice of law rules. We make no representation that the site or the programs are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the province of Manitoba.
You (the member) acknowledge that you have carefully read this “waiver and release” and fully understand that it is a release of liability. You expressly agree to release and discharge the trainer or instructor from any and all claims or causes of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against the trainers or instructors for personal injury or property damage.
