Please read this agreement ("Agreement")
carefully before accessing or using the Web sites at fitsw.com and its
affiliated sites (the
"Sites"). By accessing or using the Sites, or by choosing "Yes" during
the enrollment process, you agree to be bound by this Agreement. We provide the
information and services on these Sites to you, the user, conditioned on your acceptance without
modification of the terms, conditions and notices contained herein. Your use of
the Sites constitutes your agreement to all such terms, conditions and notices.
Liability Release Agreement (Individual)
I hereby accept all risks associated with the use of FitSW.com
and release and forever discharge FitSW, Inc.
and its respective heirs, directors, officers, agents, employees,
representatives, successors and assigns, administrators, executors, and all
others ("RELEASEES") from any and all responsibilities or liability from
injuries or damages resulting from or connected with my participation in any of
the FitSW displayed exercise programs whether arising from the negligence of
the RELEASEES or otherwise.
1. I acknowledge and fully understand that I will be engaging in fitness training
activities that potentially involve the risk of serious injury or possibly
permanent disability and death, and severe social and economic losses which
might result not only from their own actions, inactions, or negligence, but the
actions, inactions, or negligence of others, the condition of the premises or
any equipment. Further, that there may be other risks not known or not
reasonably foreseeable at this time.
2. I further acknowledge and understand that FitSW and its employees
are not licensed dietitians nor personal trainers and that any exercise programs, nutritional information or guidelines
provided by me or another personal trainer may not be attributed to FitSW and carries no warranty of any kind, express or
implied, from FitSW including but not limited to warranties regarding safety or suitability
for a particular purpose.
3. I hereby assume full responsibility for all the foregoing risks, known and
unknown, and accept responsibility for the damages following any injury,
permanent disability, or death.
4. I shall indemnify and hold Releasees harmless from any and all claims
(including reasonable defense costs and attorneys' fees) arising out of any
bodily injury or death of any person, or damage to any property, to the extent
caused by my negligence or willful misconduct.
This waiver and release agreement specifically embraces each and every event,
activity or purchase sanctioned by said RELEASEES, and has the same effect as if
executed after each and every sanctioned event, activity or purchase in which I
participate so that the parties herein intended to be released shall be fully
and effectively released as to each and every sanctioned event, activity or
purchase.
FitSW cannot guarantee that workouts or information displayed on its site will be safe,
effective or suitable for everyone. For that reason, all such products and
services, and the programs, techniques and materials embodied in such products
and services, are offered without warranties or guarantees of any kind, express
or implied, and FitSW disclaims any liability, loss or damages that
may result from their use.
FitSW is owned and operated by FitSW, Inc.