ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT
DECLARATIONS: This Agreement is entered into between GamePlan 180 LLC (“Coach”, “Company”, “We”) and the undersigned (“You”, “Client”). The Coach provides access to PRODUCTS which constitute the coaching services for Client which include but are not limited to digitally downloaded products, contents of the ongoing emails during the active subscription period, exercise and nutrition plans which are offered to be updated on a monthly basis as long as a subscription is kept active and payment is received. Client agrees to the terms and conditions below by checking the box in the online shopping cart checkout or by submitting payment for the Product.
PAYMENT: In consideration for access to the Product and Services provided by GamePlan 180 LLC, Client agrees to compensate Company the fee indicated on the subscription fee. Due to the nature of the business being an online service that is accessible globally, a common sales tax of seven percent (7%) will be applied to the transaction, and the Client agrees to this upon purchase. The subscription fee will be automatically renewed on a monthly basis for continued access to the products and services and this monthly fee may increase due to any additional purchases from the site. The subscription fee may be subject to an inflationary adjustment defined at the time of renewal, not to exceed five percent (5%) per year. If any payment methods are declined by the online payment processor, Client shall provide a new eligible payment method before receiving access to the Product. The client agrees to pay all relevant charges. We reserve the right to correct any errors or mistakes in pricing even if we have already required or received. In the event Client has already been given access to the Product and a payment method is declined, Company reserves the right to collect any and all outstanding receivables. We reserve the right to refuse any order placed through this website. These restrictions may include the same customer account, the same billing/shipping address, the same payment methods, or any reasonable circumstance not listed. Stripe is used as the payment gateway, learn more by visiting: https://stripe.com/privacy. Paypal may be elected to be used as the payment gateway as well, lean more by visiting: https://www.paypal.com/us/legalhub/home.
DIGITAL PRODUCT USAGE: After purchasing the digital product, Client will be given access to the product materials in within 48 hours through a download delivered in his/her email. Client will have lifetime access to the materials so long as the product(s) is/are available. Company hereby grants to Client one (1) exclusive, non-sublicensable, non-transferable, license to use the Product. Client understands and agrees that the Product materials may not be shared with any third party. Upon delivery of the digital product to Client, Company hereby retains their rights over the intellectual property which constitute the product which include but are not limited to the content of the emails, the exercise plan, the nutrition plan, and the content contained within them with the exception of links to third parties. In the event Company suspects that the Product is being shared with another party, Company reserves the right to immediately terminate Client’s access to the Product. Client may use the Product for his/her own personal, non-commercial use. Client is restricted to a limited number of downloads within a given time period, such as monthly, which is based upon the sole discretion of Company to protect the intellectual property from being distributed at mass. The product cannot be copied, republished, uploaded, licensed, translated, transmitted, distributed, sold or otherwise exploited for any commercial purpose without prior written permission. The Client is obligated to tag or give credit to Company for any public reference to the Product he/she uses, posts, or shares.
NO RESALE: Buyer shall use the Product delivered to Buyer for processing at Buyer’s Facility only, and shall not resell, transfer, exchange, or otherwise assign Product without first obtaining the prior written consent of Seller, which consent may be granted or withheld by Seller in its sole discretion.
REFUND POLICY & GUARANTEES: Due to the nature of digital products being immediately accessible upon purchasing, no refunds of any fees or other amounts paid by Client in connection with the Product will be allowed under any circumstances unless otherwise determined by the Company who reserves all rights. Company attempts but cannot guarantee accurate, complete, or error-free information contained inside of the product. We also reserve the right to discontinue the product at any time. Prices for all products are subject to change. Company does not make any guarantees as to the results, including financial or other personal gains, of Client’s use of the Product. Client agrees to take responsibility for Client’s own results with regard to using the Product. Client has spent a satisfactory amount of time reviewing Company’s business and has a reasonable expectation that Company’s Product will produce different outcomes and results for each Client. Client understands and agrees that:
▪ Every client and final result using the Product is different;
▪ The Product is intended for a mass audience.
FORCE MAJEURE: If the performance of this Agreement or any obligations hereunder is prevented, restricted or interfered with by reason of earthquake, fire, flood or other casualty or due to strikes, riot, storms, explosions, acts of God, death of him/herself or a family member, war, terrorism, or a similar occurrence or condition beyond the reasonable control of the parties, the party so affected shall, upon giving prompt notice to the other party, be excused from such performance during such prevention, restriction or interference, and any failure or delay resulting therefrom shall not be considered a breach of this Agreement.
PERSONAL INFORMATION: By purchasing the Product, Client will be asked to provide personal information including his/her name, email address, mailing and billing address. Any other information will be used to guide the Client to make the ideal purchase for their individualized goals. Client agrees to allow Company access to this personal information for all lawful purposes. Client is responsible for the accuracy of the identifying information, maintaining the safety and security of his/her identifying information, and updating Company on any changes to his/her identifying information. The billing information provided to Company by Client will be kept secure and is subject to the same confidentiality and accuracy requirements as Client’s identifying information indicated above. Providing false or inaccurate information, or using the Product for fraud or unlawful activity, is grounds for immediate termination from the Product.
ASSUMPTION OF RISK: You agree that if you engage in any physical exercise or activity, even those recommended by coaching services or products, done on your own premise or in any facility for any purpose, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment, whether recommended to you by Coach or otherwise, including injuries or damages arising out of the negligence of Coach, whether active or passive, or any of Coach’s affiliates, employees, agents, representatives, successors, and assigns. Your assumption of risk includes, but is not limited to, your use of any exercise equipment (mechanical or otherwise), sports fields, courts, or other areas, locker rooms, sidewalks, parking lots, stairs, pools, whirlpools, saunas, steam rooms, lobby or other general areas of any facilities, or any equipment. You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, walking, jogging, running, aerobic activities, aquatic activities, tennis, basketball, volleyball, racquetball, or any other sporting or recreational endeavor. You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of Coach or otherwise.
RELEASE OF LIABILITY: You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Coach (and Coach’s affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Coach, whether active or passive, or any of Coach’s affiliates, employees, agents, representatives, successors, and assigns. This waiver and release of liability includes, but is not limited to, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, (c) negligent instruction or supervision, including personal training, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of a premises or while traveling to or from physical training, including injuries resulting from Coach’s recommendations. (f) It is understood that recommendations to achieve your physical goals are not intended to improve your health status. Any medical or health concerns are your own responsibility and a physician should be consulted for your individual circumstances. Coach does not provide any information that replaces professional health advice overseeing your particular needs. Any compensation, such as a refund equal to the cost of a monthly subscription, is at the sole discretion of Coach.
INDEMNIFICATION: By execution of this agreement, you hereby agree to indemnify and hold harmless Coach from any loss, liability, damage, or cost Coach may incur due to the provision of Products, Services, and training advice by Coach to you.
ACKNOWLEDGMENTS: You expressly agree that the foregoing release, waiver, assumption of risk and indemnity agreement is intended to be as broad and inclusive as permitted by the law in the State of Texas and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
TERMINATION: This purchasing agreement shall remain in full force as long as the subscription is active with any provisions surviving into the future as deemed reasonable such as, but not limited to, the rights of intellectual property by Company. We reserve the right to deny access to and use this site without notice or liability. If we terminate your account for any reason, you are prohibited from creating a new account under your name, a new name, or a fake or borrowed name from a third party even if you may be acting on behalf of a third party. We reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
VENUE AND JURISDICTION: The laws of the State of Texas shall govern this contract, and any resulting arbitration shall take place within Harris County, Texas. Both parties assume responsibility for all collection costs and legal fees incurred should enforcement of this Agreement become necessary.
MEDIATION AND ARBITRATION: Any and all disputes or disagreements rising between the parties out of this Agreement upon which an amicable understanding cannot be reached, shall be decided first by mediation, and if mediation is unsuccessful, then arbitration in accordance with the procedural rules of the American Arbitration Association. The parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Harris County, Texas, unless another location is mutually agreed to by the parties. The cost and expenses of the arbitrators shall be shared equally by the parties. Each party shall be responsible for its own costs and expenses in presenting the dispute for arbitration with the “prevailing party” being reimbursed all fees related to litigation.
TRANSFER: This agreement cannot be transferred or assigned to any third party without written consent of both parties
USER REPRESENTATIONS & PARENT OR LEGAL GUARDIAN. By using this product, you represent that: a) you have the legal capacity to comply with this purchasing agreement b) you are not a minor in the jurisdiction you reside in c) you will not access this site through non-human means by use of bot or script d) you will not use this site for illegal means e) your use of this site will not violate any applicable law or regulation. If the applicant is under 18 years of age, a parent/legal guardian must also read and sign this agreement in their place. Acceptance of the terms contained in this agreement are agreed to upon checking the box at the checkout or by submitting payment. The undersigned parent acknowledges that the participant voluntarily elects to participate in this activity with the knowledge of the risks including property damage, personal injury, or death.
SEVERABILITY: In the event that any part of this Agreement is found to be invalid or unenforceable due to unlawful or void, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement.
MISCELLANEOUS: Any policies, provisions, or sections of this agreementent which are not enforced or exercised shall not be considered a waiver of such right or provision. We may assign our rights to others at any time. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of this purchasing agreement. You agree that these terms will not be construed against us by virtue of having them drafted. You hereby wave any and all defenses you have based on the electronic forms of this purchasing agreement and executed by each of the parties hereto,
CONTACT US: For any questions regarding this purchasing agreement, please email email@example.com.
By purchasing this service you confirm your agreement to the above terms.