Terms of Service and Waiver
In general, Win Your Warm Up, LLC owns and operates this Website. This document governs your relationship with winyourwarmup.com (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a contractual, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and winyourwarmup.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of winyourwarmup.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by winyourwarmup.com and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
You agree to indemnify, defend and hold harmless winyourwarmup.com, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
winyourwarmup.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
*The Release of Liability Agreement (the “Agreement”) is between Win Your Warm Up and you, the Client (Individually, if you are the Client, and/or as agents or guardian of the Client). It is agreed by between Win Your Warm Up and the Client that the Client is purchasing, for the benefit of the Client, an online fitness or coaching membership, from Win Your Warm Up according to the terms on this Service Agreement.
EFT Request and Authorization: Client hereby authorizes Win Your Warm Up or its assigns to make charges or withdrawals (“EFT Authorization”) from the account used to pay the initial payment described above or the account listed below or replacement account designated by Client and accepted by Win Your Warm Up for payment of any and all fees, late charges, costs, expenses or any other monies due to Win Your Warm Up under the terms and conditions of this Agreement. Client understands that Client is entitled to notice of all varying charges and withdrawals under the EFT, but Client waives the right to receive prior notice for charges or withdrawals made with respect to any uncollected payments or portions of the balance due described above and the corresponding service charges, both of which Client agrees are not varying charges or withdrawals. Client may change the account designated herein upon 7 days’ written notice to, and approved by, Win Your Warm Up. Client may timely notify the financial institution in control of Client’s account to terminate this Request, buy such notification will constitute a default and may cause all sums under this Agreement to be due and payable immediately together with all costs of collection to extent permitted by law.
WAIVER AND RELEASE
I hereby enter into the following agreement with Win Your Warm Up (principal place of business in Michigan), as well as its members, officers, employees, agents, and representatives (individually and collectively, “Win Your Warm Up”), as a condition of receiving and using Win Your Warm Up’s online fitness and mental performance programming services.
I acknowledge and fully understand that Win Your Warm Up will endeavor to provide the most effective principles to help achieve my fitness, performance, and personal goals, but that Win Your Warm Up cannot guarantee that any services, products, programs, methods, workouts, recommendations, or routines will be safe, effective or suitable for everyone. All such products and services, programs, techniques, recommendations, and materials embodied in such products and services are offered without warranties or guarantees of any kind, express or implied, including, but not limited to, warranties of safety or fitness for any particular purpose. Further, I hereby waive, release, and discharge Win Your Warm Up and all of their members, officers, employees, agents, and representatives from any and all liability from death, injuries or damages arising from, or in any way connected with, use of its services, products, programs, methods, workouts, recommendations, or routines, including any death, injuries or damages resulting from the negligent recommendations, acts, or omissions of Win Your Warm Up, no matter where those injuries occur.
I acknowledge and fully understand that any fitness or exercise activities, and the use of training and fitness equipment and machinery, involve risks of serious injury, permanent disability, or death, even if done correctly and with the utmost attention to safety. These risks include, but are not limited to, fainting; broken bones; strained or torn muscles; torn or strained ligaments, tendons, and other connective tissues; herniated discs and other spinal injuries; cardiovascular or cerebrovascular events, including heart attack or stroke; conditions related to overexertion, including heat stroke/exhaustion or rhabdomyolysis; or damage to the nervous system, including irreversible damage to the brain or spinal cord. I further acknowledge and fully understand that participation in any fitness or exercise activities could aggravate a pre-existing condition, whether known or unknown, and that there may be other risks associated with my participation in fitness or exercise activities that are not known or not reasonably foreseeable at this time. I further acknowledge and fully understand that all of the foregoing risks are especially pronounced in an online programming setting, such as that embodied by the fitness and performance programming services provided by Win Your Warm Up because I will necessarily be engaging in fitness or exercise activities on my own, without real-time supervision by Win Your Warm Up, in a facility or location over which Win Your Warm Up has no control. I hereby acknowledge and accept the foregoing risks and dangers. Further, I hereby waive, release, and discharge Win Your Warm Up from any and all liability from death, injuries or damages arising from, or in any way connected with, Win Your Warm Up’s fitness and performance programming services; Win Your Warm Up’s instruction, programming, advice or recommendations; the use of any exercises, routines, equipment or machinery, whether or not they were recommended by Win Your Warm Up; or my engagement in any fitness or exercise activities, including any death, injuries or damages resulting from the negligent recommendations, acts, or omissions of Win Your Warm Up, no matter where those injuries occur.
I acknowledge and understand that Win Your Warm Up and all of their members, officers, employees, agents, and representatives are not licensed dietitians or physicians, and do not hold themselves out to possess professional expertise in dietetics or medical matters. I acknowledge and agree that any information, guidelines, or advice provided by Win Your Warm Up are not intended to constitute and shall not be construed as dietetic or medical advice, as treatment for any general or particular medical or physiological condition or pathology, or as a means of improving or bettering health outcomes, and that they carry no express or implied warranty of any kind, including, but not limited to, warranties regarding safety or suitability for a particular purpose.
I understand that a physician’s approval is highly recommended prior to participating in any type of fitness or exercise activity, and I hereby represent that I have either obtained a signed approval from my physician, or that I acknowledge the risks inherent in such activities but have elected to engage in said activities without seeking prior approval by a physician.
If a court of competent jurisdiction, or any other legal authority or governmental agency, declares any provision of this agreement invalid, such invalidation shall not affect the remaining provisions of this agreement, which shall remain in full force and effect. If any sentence, clause, phrase, or term of any section of this agreement is deemed invalid, the remainder of that section shall remain in full force and effect.
Any suit brought under this agreement, or in relation to any programming, consultation or services provided under this agreement, shall be brought in New Mexico, and both parties irrevocably consent to venue and jurisdiction in that court. This agreement shall be governed by New Mexico law, irrespective of any choice-of-law principles. The parties’ legal rights and obligations relating to this agreement and relating to the programming and services provided under this agreement shall be governed by New Mexico law, irrespective of any choice-of-law principles. This agreement shall be deemed to have been agreed to and executed in New Mexico.
I hereby give permission to Win Your Warm Up and any of its employees, contractors, coaches, or representatives to use my name and photographic/video likeness in all forms and media for advertising, exposition displays, trade, and any other lawful purposes.
I HAVE READ THIS AGREEMENT IN ITS ENTIRETY AND AGREE TO ADHERE TO ALL ITS PRECEPTS. Any questions that I may have had relating to anything in this agreement have been answered to my satisfaction. This document encompasses the entire agreement of the parties and supersedes all prior oral and written representations between the parties, if any.
DISCLAIMER: Win Your Warm Up and all of their members, officers, employees, agents, and representatives are not licensed dietitians, are not offering dietetics advice, and are not offering advice intended as dietary means of improving health or providing medical advice.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and winyourwarmup.com. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of winyourwarmup.com.