WAIVER AND RELEASE FROM LIABILITY FOR CORE & STRETCHING CLASSES
I desire to participate in physical activities under The MSing Link LLC instruction. In consideration of being allowed to participate in physical exercise under The MSing Link LLC instruction, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I agree to waive and release, indemnify, hold harmless and forever discharge The MSing Link LLC, a entity organized and existing under the laws of the state of New York, including its agents, contractors, employees, officers, directors, affiliates, successors and assigns, of and from any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages and liabilities, of every kind and nature, whether known or unknown, in law or equity, that I ever had or may have, arising from or in any way related to my participation in any of the strength training and physical exercise or related physical activities conducted by, on the premises of, or for the benefit of, The MSing Link LLC provided that this waiver of liability does not apply to any acts of gross negligence, or intentional, willful or wanton misconduct. The MSing Link LLC, its agents, employees, officers, directors, affiliates, successors and assigns are hereby jointly and severally referred to herein as Company.
By this Waiver and Release, I assume any risk, and take full responsibility and waive any claims of personal injury or death associated with including but not limited to engaging in fitness/exercise or strength activities, or other related activities conducted by Company.
This Waiver and Release contains the entire agreement between the parties, and supersedes any prior written or oral agreements between them concerning the subject matter of this Waiver and Release. The provisions of this may be waived, altered, amended or repealed, in whole or in part, only upon the prior written consent of all parties.
The provision of this Waiver and Release will continue in full force and effect even after the termination of the activities conducted by, on the premises of, or for the benefit of Company, whether by agreement, by operation of law, or otherwise.
I have read, understand and fully agree to the terms of this Waiver and Release. I understand and confirm that by checking the box on this page, I have given up considerable future legal rights. I have signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to me. The checked box is proof of my intention to execute a complete and unconditional Waiver and Release of all liability to the full extent of the law. I am eighteen years of age or older and mentally competent to enter into this Waiver and Release.
TERMS OF PURCHASE
By clicking “Buy Now,” “Purchase,” “Complete My Purchase”, or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products by The MSing Link LLC. By purchasing any product, you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:
- One 35 minute core strengthening exercise class
- One 30 minute leg strengthening class
- Bonus videos including an education video on weight shifting, an exercise class focusing on balance, an exercise pdf, and other resources.
Upon execution of this Agreement, Client agrees to pay to the Company the full purchase amount for the product, regardless of what payment option Client selects at checkout. If Client selects a payment plan option, Client authorizes Company to charge the card or account used at checkout to complete all payments pursuant to the payment plan. Company reserves the right to collect any and all monies owed by Client to Company for the Program, by any means necessary within the parameters of the law. The Client shall pay for any fees associated with recouping payment, including but not limited to, collections fees and attorneys’ fees.
Due to the digital and educational nature of this product, there are no refunds permitted under any circumstance. Dissatisfaction with Company’s product is not a valid reason for a refund or excuse to not make remaining payments due & owed under this Agreement.
Any testimonials, earnings, or examples shown through Company’s website or products are only examples of what may be possible for Client. There can be no assurance as to any particular financial outcome based on the use of Company’s products and/or services. Client acknowledges that Company has not and does not make any representations as to the future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of use of Company’s website, programs, products or services.
- INTELLECTUAL PROPERTY RIGHTS
This product contains information that is the intellectual property belonging to Company and to third-parties that license some intellectual property to Company. Company provides Client with a non-exclusive, non-transferrable single-user license authorizing Client to use the materials for their individual purposes only. Client may not share, sell, re-use, reproduce, repurpose or otherwise distribute Company’s intellectual property without prior written consent from Company. Company maintains all rights to its intellectual property and nothing in this Agreement shall transfer ownership of rights to Client.
The information provided through this purchase is provided on an “as is” basis. The MSing Link LLC makes no representations or warranties, express or implied, with respect to the information provided through this purchase. The MSing Link LLC will not be liable or held responsible for any losses, injuries, or damages from the participation in, use of, or reliance on any of the information provided through this purchase.
By purchasing this product, Client accepts any and all risks, foreseeable or unforeseeable, arising from such transaction. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Company’s products or services. Client agrees that use of this Program is at user’s own risk.
By purchasing this product, you agree to refrain from making any statements, whether oral or in writing, that negatively impact Company’s business, services, products, or reputation.
There shall be no assignment of obligations. Neither Party may assign any of its respective obligations under this Agreement without the express written consent of the other Party.
If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected or invalidated.
- MODIFICATIONS AND AMENDMENTS
This Agreement may be modified or amended at any time and from time to time, but any modification or amendment must be in writing and signed by each party.
If any dispute arises out of or related to a claimed breach of this Agreement or any other disagreement of any nature, type or description, regardless of the facts or the legal theories which may be involved, such dispute shall be resolved by binding arbitration by a single arbitrator in the State of New York. If Company is deemed the successful party to the dispute, Company will be entitled to costs and fees incurred in resolving or settling the dispute, in addition to any other relief to which Company may be entitled. The parties agree to waive their right to a jury trial. Parties further agree that prior to arbitration, both Parties will make a good faith effort to resolve the dispute without the necessity of outside intervention.
This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of New York. Both Parties agree to submit to the jurisdiction of and venue in the State of New York. Should any claim or controversy arise between the Parties under the terms of this Agreement, such a claim or controversy shall be resolved only in the State of New York.
This Agreement shall be signed by both Parties agreeing to the terms laid out above, indicated by marking the checkbox on this page. This Agreement is effective upon the marked checkbox as of the day and date first above stated.
This Agreement contains the entire agreement of the Parties relating to the rights granted and obligations assumed in this Agreement. Any oral representations or modifications concerning this instrument shall be of no force or effect.
All rights not expressly granted in this Agreement are reserved by us.
By purchasing these Core & Stretching Classes, you understand that it does not contain the diagnosis, treatment, or evaluation of any type of medical issue. This course is for educational and informational purposes only and should not be construed as medical advice. This course should not be used as a substitute for health care. It is your exclusive responsibility to seek such independent professional guidance as needed.