| Terms And Conditions
A. General Terms and Conditions
B. Terms and Conditions For Advertisers
C. Terms and Conditions For Fitness
Associates
D. Terms and Conditions For
Fitness
Clients
A. General Terms and Conditions
Your access and use of this site and its
services bind you to this Agreement. If you do not agree to the Terms and
Conditions of Use for this site, you may not use the site or its services.
We may modify this Agreement at any time.
Any modifications made to this Agreement will be effective immediately
upon posting on the site. By accessing or using the Service, you agree to
be bound by all of the terms and conditions of the Agreement as posted on
the Service at the time of your access or use. You agree to review the
Agreement posted on the Service each time you use the Service so that you
are aware of any modifications made to this Agreement.
By accessing and using this website, you
have also consented to receiving all promotional materials, e-mails,
notices and other forms of communication from us from time to time.
B. Terms and Conditions For Advertisers
Advertisers are fully responsible for
their contents including its truthfulness, accuracy and non-infringement
of any other person's legal or proprietary rights, for any materials or
work submitted for publication on our Web Site. The Advertiser will not
allow our site to be used for storing, sending or receiving any material
which is obscene, menacing, threatening, offensive, abusive, indecent,
defamatory, fraudulent, criminal or which infringes the rights of any
other parties.
It is the Advertiser's responsibility to
retain copies of their own data. Body-By-Rick.com and/or
RickFit Fitness Enterprise accepts no responsibility
for the loss of any data in any form, which may result from inclusion on
the Web Site or from the use of our services.
The Advertiser will indemnify Body-By-Rick.com and/or
RickFit Fitness Enterprise from and against any and all liabilities, expenses
(including any legal fees) and damages arising out of claims based upon
submissions made by the Advertiser to Body-By-Rick.com and/or
RickFit Fitness Enterprise for inclusion on the
Web site and which are subsequently published by Body-By-Rick.com and/or
RickFit Fitness Enterprise.
Body-By-Rick.com and/or
RickFit Fitness Enterprise reserves the right to suspend or close the services provided
to the Advertiser in the event of non-payment on the due date without
prior written notice to the Advertiser. In the event of non-payment the
Advertiser will be responsible for all costs incurred by Body-By-Rick.com and/or
RickFit Fitness Enterprise including without limitation any legal fees incurred.
Body-By-Rick.com and/or
RickFit Fitness Enterprise also reserves the right to reject any
advertisement with or without cause if there is reason to believe that the
said advertisement would undermine the integrity and reputation
of Body-By-Rick.com and/or
RickFit Fitness Enterprise.
Nothing in this agreement is intended to
or will create any form of partnership or joint venture, agency,
franchise, sales representation or employment relationship between Body-By-Rick.com and/or
RickFit Fitness Enterprise and the Advertiser.
Advertiser will hold Body-By-Rick.com and/or
RickFit Fitness Enterprise free
of any and all actions against it as a consequence of data supplied by the
Advertiser which is authorized for display on the Web Site, including all
reasonable legal costs that Body-By-Rick.com and/or
RickFit Fitness Enterprise will suffer or incur by reason
of any claim or the defence of any claim relating to the person or company
materials they have displayed on the Web Site.
It is also acknowledged
that Body-By-Rick.com and/or
RickFit Fitness Enterprise makes no warranties, representations or conditions with
regard to any of the contents whether expressed or implied arising by law
or otherwise and which have been supplied by the Advertiser and there is
no implied warranty of merchantability or fitness for a particular
purpose.
Under no circumstances shall Body-By-Rick.com and/or
RickFit Fitness Enterprise or any of its officers, directors, employees, subsidiaries,
agents, associates, parents, or affiliates be held liable for any indirect,
incidental, special or consequential damages, (including, without
limitation, damages for losses whether of a personal, public,
institutional or corporate nature, loss of any revenues or profits)
arising in contract, to or otherwise from the use of or inability to use
the Web Site, or any of the Contents, or from any action or decision taken
as a result of using the Web Site or the Contents. Body-By-Rick.com and/or
RickFit Fitness Enterprise will not be held liable
for any errors or service interruptions regardless of cause.
Advertisers also agree to indemnify Body-By-Rick.com and/or
RickFit Fitness Enterprise from and
against any and all liabilities, expenses (including any legal fees) and
damages arising out of claims based upon submissions for inclusion in the
Web Site that are subsequently published by Body-By-Rick.com and/or
RickFit Fitness Enterprise on the Web Site,
including any claim of libel, defamation, violation of rights of privacy
or publicity, loss of service by other customers and infringement of
intellectual property or other rights.
Body-By-Rick.com and/or
RickFit Fitness Enterprise reserves the right to
decline, withdraw or terminate access to the Web Site without notice and
in particular if Body-By-Rick.com and/or
RickFit Fitness Enterprise suspect that any material stored or
disseminated by the Advertiser may be in contravention of clauses in this
Agreement.
Body-By-Rick.com and/or
RickFit Fitness Enterprise reserve the right at all times to inspect the
material and if it is found to be in contravention of clauses from this
agreement to remove the material from the Web Site and/or suspend part or
all of the Services and/or terminate this Agreement immediately without
any further obligation to the Advertiser.
In case of termination the Advertiser
will remain liable to pay Body-By-Rick.com and/or
RickFit Fitness Enterprise all sums accrued due on or prior
to the date of termination, the Advertiser will also continue to respect
and uphold all confidentiality and copyright obligations and if requested
by Body-By-Rick.com and/or
RickFit Fitness Enterprise, return all materials belonging to Body-By-Rick.com and/or
RickFit Fitness Enterprise,
specifically certifying that they have done so.
C. Terms and
Conditions For Fitness Associates
Enrollment in Body-By-Rick.com and/or RickFit Fitness
Enterprise Fitness Associates Program begins with your completed Fitness
Associates Membership Application. We
reserve the right to reject any application if we determine (at our sole
discretion) that the individual is unsuitable for participation in our
program. Any individual may be deemed unsuitable if he or she fails to
meet the following professional requirements :
- Minimum 3-years relevant
experience in the fitness industry.
- Excellent communication, interpersonal
& teaching skills.
- Qualifications/credentials from recognized
institutions.
- High standards of professional &
personal conduct.
- Exemplary
role model of the fitness lifestyle.
- Strict adherence to
our professional code of
ethics.
- Pass our Personality Profiling &
Suitability Assessment.
- Impeccable professional track record.
- Valid Cardio-Pulmonary Resuscitation
(CPR)
Certification.
Body-By-Rick.com and/or
RickFit Fitness Enterprise also reserves the right to reject any applicant
with or without cause if there is reason to believe that granting
membership to the applicant would undermine the integrity and reputation
of Body-By-Rick.com and/or
RickFit Fitness Enterprise.
Body-By-Rick.com and/or
RickFit Fitness Enterprise also reserves the right to terminate the
membership of any Fitness Associate with or without notice to the Fitness
Associate if it is deemed, at our sole discretion, that the Fitness
Associate's association with us has the potential to undermine, or is
undermining the integrity and reputation of Body-By-Rick.com and/or
RickFit Fitness Enterprise.
Body-By-Rick.com and/or
RickFit Fitness Enterprise assumes no liability for any
loss of revenue, nor indirect or consequential damages arising in
connection with this Agreement or participation in the Fitness Associates'
Membership Program. We
make no warranties and/or guarantees concerning the
products or services provided by Body-By-Rick.com and/or
RickFit Fitness Enterprise. We will not be held liable
for any errors or service interruptions regardless of cause.
The Fitness Associate shall indemnify and
hold Body-By-Rick.com and/or
RickFit Fitness Enterprise harmless from
and against liability for all actions, suits, demands, damages, and
expenses ( hereinafter called 'claims' ) arising out of any death or
injury, damage or loss, suffered or caused by the Fitness Associate and/or
his/her clients while participating in any fitness programme and its
related activities.
The term of this agreement shall begin
upon submission of the Fitness Associates Membership Program Application and shall continue
in full force and effect as long as the Associate is a participant in the
program. Body-By-Rick.com and/or
RickFit Fitness Enterprise reserves the right to terminate this agreement if it finds that the
Associate is no longer
in compliance with any of the listed terms and conditions.
Fitness Associates Program members are considered
to be independent contractors and as such cannot make any representations,
written or otherwise, for or in behalf of Body-By-Rick.com and/or
RickFit Fitness Enterprise. Body-By-Rick.com and/or
RickFit Fitness Enterprise shall
not be held liable for any such representations.
D. Terms and Conditions For Fitness
Clients
- All Fitness Professionals and/or
Fitness Associates listed on this site are independent
contractors.
-
- Though every effort has been made to
ensure that all Fitness Professionals and/or Fitness Associates listed
here match our stringent membership and professional criteria,
Body-By-Rick.com and/or RickFit Fitness Enterprise assume no
responsibility for the conduct, professionalism, actions and/or
interactions of any of these individuals.
-
- The onus lies solely with each Fitness
Client
and/or customer to conduct his/her own screening, background checks and/or personal
interviews, before deciding upon which Fitness Professional and/or
Fitness Associate best matches the Fitness Client's and/or customer's own needs and/or criteria.
Body-By-Rick.com and/or RickFit Fitness Enterprise
will not be held liable or responsible, nor be involved in any way, in the event of
any conflicts, misunderstandings and/or grouses between the Fitness
Clients and their respective choice of Fitness Professionals and/or
Fitness Associates.
- As with all programs, techniques, and
materials related to health, exercise and fitness, all clients are strongly
urged to consult their physicians or other appropriate health-care
professionals before using any of the products and services made
available by or through Body-By-Rick.com, RickFit Fitness Enterprise
and their associates. If you - the Fitness Client - has chosen not to obtain a physician's
permission prior to beginning this program with Body-By-Rick.com, RickFit Fitness Enterprise
or their associates,
then you are doing so at your own risk.
-
- Body-By-Rick.com, RickFit Fitness
Enterprise and their associates cannot guarantee that
such products and services 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 Body-By-Rick.com, RickFit Fitness Enterprise
and their associates disclaims any liability, loss or damages that may result from their
use.
By accepting the terms of this agreement,
you - the Fitness Client - are stating that you fully understand that you are solely responsible
for the way that the information within this Website and within all forms
of communication received from Body-By-Rick.com, RickFit Fitness
Enterprise and their associates are perceived and utilized and do so at your own risk.
By accepting the terms of this agreement,
you are acknowledging that all types of exercise are potentially hazardous
activities and may cause injury and even death. You are stating that you
are voluntarily participating in these activities. By accepting the terms
of this agreement, on behalf of yourself, your heirs, assigns, insurance
companies, executors and administrators, you are acknowledging that you do
hereby waive, release and forever discharge Body-By-Rick.com, RickFit
Fitness Enterprise and their respective heirs, directors, officers,
associates, agents, employees, representatives, successors and assigns,
administrators, executors, and all others from any and all
responsibilities or liability from injuries or damages resulting from or
connected with your participation in any of the exercise programs whether arising
from the negligence of the releases or otherwise.
All of the information provided on the Body-By-Rick.com
or RickFit Fitness Enterprise website
and through any Body-By-Rick.com or
RickFit Fitness Enterprise
communication is made without warrantee or guarantee, express or implied.
This website (and all communication received from Body-By-Rick.com
or RickFit Fitness Enterprise)
provides opinion in regards to the subject matter contained herein. You
acknowledge and agree that no warranties or representations have been made
to you regarding the results you will achieve from this program. You
understand that results vary from one individual to another.
Body-By-Rick.com and
RickFit Fitness Enterprise offers no warranties or representations
regarding the advice, instructions, e-mail advice or any other information
contained in this Website. Body-By-Rick.com and RickFit Fitness Enterprise
disclaim any responsibility and all warranties,
representations and conditions regarding the site or the information,
including all implied warranties and conditions of merchantability,
fitness for a particular purpose, non-infringement, whether expressed or
implied, or arising from a course of dealing, usage or trade practice and
shall not be liable for any damages, claims, liabilities, costs or
obligations including any direct, indirect, special, incidental, punitive
or consequential damages (collectively the "damages") whatsoever
and howsoever caused, arising out of or in connection with the use or
misuse of the site or the information whether such damages arise in
contract, tort, negligence, equity or statute law or by way of any other
legal theory regardless of whether such damages could have been foreseen.
You
agree that all the personal information (e.g. your medical history)
provided by you to Body-By-Rick.com,
RickFit Fitness Enterprise
and their associates are true and accurate. And, you agree to notify Body-By-Rick.com,
RickFit Fitness Enterprise
and their associates if any of your personal information changes in the
future while you are still a client of Body-By-Rick.com,
RickFit Fitness Enterprise
or any of their associates.
All information
on the Site (and within any forms of communication from Body-By-Rick.com
and RickFit Fitness Enterprise)
is provided for information and education purposes only. The information
contained herein is not intended to be and does not constitute healthcare
or medical advice. The information contained herein is not intended to be
and must not be used for diagnosis. The information on this Site is
general in nature and is not specific to you. You are
responsible for the way this information is perceived and utilized, and do
so at your own risk. You should not make any
decision regarding treatment, exercise, diet and/or medication based on
any of the information on this Site. Any decision concerning your health,
fitness, diet treatment and/or medication should be made in consultation
with a qualified healthcare professional.
Any
nutritional information on the Site is intended for informational and
educational purposes only.
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