Terms and Conditions
1. Terms and Conditions. The parties agree to the following terms and conditions:
a. The Client is engaging Tonetix for personal training services to be provided online.
b. The Client agrees to the attached Informed Consent and Assumption of Risk and Release of Liability.
c. The Client agrees to seek advice if unsure of any and all conditions, medical or otherwise, that may affect his/her ability to participate in Training Sessions.
2. Payments. The Client will purchase Tonetix online prior to access.
3. Indemnity. The Client agrees to indemnify and hold harmless Tonetix for any injuries, illnesses and the like experienced as the result of the training Sessions.
4. Termination. Either Party may terminate this Contract upon thirty (30) days prior written notice to the other party. In the event of termination by either Party, Tonetix shall refund The Client with monies deemed appropriate, as The Client will already have knowledge of the Tonetix Programme.
5. Warranties. While Tonetix fully believes exercise is beneficial to the Client’s health and wellness, Tonetix cannot guarantee the results of the Training Sessions. Tonetix makes no representations and/or warranties that the Client will lose weight, gain muscle mass, be able to engage in any specific physical and/or athletic activity, or will attain any other particular and/or specific results. Tonetix strongly encourages the Client to follow a healthy diet, have good sleep patterns and good hydration in conjunction with personal training and continued exercise. If the Client follows the Tonetix Programme honestly and with commitment, the Client will achieve results.
6. Entire Agreement. This document reflects the agreement between the Parties and a complete understanding of the Parties concerning the subject matter. This Contract supersedes all prior written and oral representations. The Contract may not be amended, altered or supplemented except in writing signed by both Tonetix and the Client.
7. Dispute Resolution and Legal Fees. In the event of a dispute arising out of this Contract that cannot be resolved by mutual agreement, the Parties agree to engage in mediation. If the matter cannot be resolved through mediation and legal action ensues, the successful party will be entitled to its legal fees, including, but not limited to its attorneys’ fees.
8. Legal and Binding Contract. This Contract is legal and binding between the Parties as stated above. This Contract may be entered into and is legal and binding in the United Kingdom, United States and Europe. The Parties each represent that they have the authority to enter into this Contract.
9. Severability. If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be construed, written and enforced as so limited.
10. Waiver. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Contract.
11. Applicable Law. This Contract shall be governed and construed in accordance with the laws of the state where the Property is located, without giving effect to any conflicts of laws provisions.
BY ACCESSING THE MEMBERSHIP AREA, THE CLIENT ACKNOWLEDGES HAVING READ AND UNDERSTOOD THESE TERMS AND CONDITIONS AND THAT THE CLIENT IS SATISFIED WITH THE TERMS AND CONDITIONS CONTAINED.
The Parties agree to the terms and conditions set forth above as demonstrated by ACCESSING THE MEMBERSHIP AREA UNDER THE MENU HEADING "MORE" THEN SELECTING "YOUR TONETIX PROGRAMME".
INFORMED CONSENT AND ASSUMPTION OF RISK AND RELEASE OF LIABILITY
This Informed Consent and Assumption of Risk and Release of Liability is entered into and: -
1. The Client certifies that he/she is in adequate physical condition to exercise.
2. The Client certifies that he/she assumes the risk of physical injury, whether minor, severe or otherwise.
3. The Client certifies that they will refrain whenever activities cause distress beyond the Client’s threshold.
4. The Client certifies that they will not hold Tonetix liable for any physical injury, whether minor, severe or otherwise that result from Tonetix Sessions.
5. The Client certifies that they assume all responsibility for their participation in the Tonetix Sessions.
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