This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you are under 18 years of age, you must access and/or use our Services only with the involvement of your parent or guardian. If you do not meet all of these requirements, you must not access or use the Website.
CHANGES TO THESE TERMS
All content on the Website is for educational and informational purposes only, and should not be understood or construed as medical or health advice. The information contained on this website, as well as group classes and private sessions (whether in-person or online), is not a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment.
Please consult your physician or other health care professional before starting this or any other fitness program to determine if it is right for your needs. Do not start this fitness program if your physician or health care provider advises against it.
Though we have done our best to ensure that the content provided on this Website is accurate and provides valuable information, we make no guarantees regarding the results that you will see from using our Services. Nothing available on or through this Website should be understood as a recommendation that you should not consult with a medical or health professional to address your particular information. We expressly recommend that you seek advice from a medical professional, especially if you experience pain, dizziness, or shortness of breath. Should any of these symptoms (pain, dizziness, shortness of breath) arise while exercising, we recommend you stop immediately. The use of any information/content provided through our Website is solely at your own risk.
Rhiannon Morsberger and affiliates will not be held liable or responsible for any errors or omissions on this website or for any damage you may suffer as a result of failing to seek competent medical or health advice from a professional who is familiar with your situation.
Once purchased, services are non-refundable. If you are unhappy within the first 30 days fo your purchase, please contact email@example.com so we can review your situation.
ONLINE PRIVATE INSTRUCTION/COACHING
Re-scheduling a private session must be done at least 24 hours in advance. If re-scheduled or cancelled within 24 hours, client will still be charged for that scheduled session.
No refunds will be issued for cancellations made less than 24 hours prior to the start of the class/private session.
As a condition of your use of our Service, you agree to us that you will not use the Website or any resources available for download from our Service for any purpose that is unlawful or prohibited by these Terms.
You may not use our Service or any of the resources available for download from the Website in any manner that could damage, disable, overburden, or impair the Website, or interfere with other party usage of the Website. You may not attempt to obtain any information or material through any means not intentionally made available or provided for through the Website.
All content included in our Service such as text, graphics, logos, images, and any compilation thereof, is the property of Rhiannon Morsberger or her suppliers, and protected by copyright and/or other laws that protect intellectual property and proprietary rights.
You agree to use protected content solely for your individual use, and will make no other use of the content without the express written permission of Rhiannon Morsberger.
Our name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of us or our affiliates or licensors. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY
As stated in the disclaimer, the information through our Services are for educational and informational purposes only. The information contained through our Service and any resources available for download through the Website is not intended as, and shall not be understood or construed as medical, health, or any other professional advice.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You agree to indemnify and hold us harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the Website or any of the services offered on the Website.
LIMITATION OF LIABILITY
Rhiannon Morsberger, and associates, directors, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iiv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
AGREEMENT OF RELEASE AND WAIVER OF LIABILITY
1. In consideration of voluntarily participating in online or in-person classes, training methods and programming, the “Activity”, I agree and acknowledge that I am fully aware that participation in the Activity involve risks and I accept all the risks of participating, even if the risks are created by the carelessness, negligence or gross negligence of a Released Party (as defined below) or anyone else.
2. “Claims” includes but is not limited to any and all liabilities, claims, demands, legal actions, rights of actions for damages, personal injury or death in connection with participation in the Activity. “Released Party” means Rhiannon Morsberger/"Wellness with Rhia" or any of its affiliates, franchisees and their respective representatives, directors, officers, agents, employees or volunteer staff.
3. Please take responsibility for and respect your body.
I agree and acknowledge that:
a. I am in proper physical condition to participate in the Activity, and am aware that participation could, in some circumstances, result in personal injury, exacerbate existing medical conditions, cause serious physical injury or death.
b. I understand my physical limitations and am sufficiently self-aware to stop physical activity before I become ill or injured.
c. I am aware that if the Activity occurs outdoors, the streets adjourning the area of the Activity could be open to regular vehicular traffic during the Activity and I will obey all traffic laws and regulations.
d. I am aware that if the Activity is held in-person at a studio/training facility, such as MAD Fitness, LLC., that other activities may be occurring in the same space and I will obey all rules/protocols/terms of the respected studio/training facility.
4. I accept full responsibility for any tool, product or technology loaned to me as part of participation in this Activity and commit to return the same in good working order.
5. I hereby, for myself and for my heirs, next of kin, executors, administrators and assigns, fully release, waive and forever discharge any and all rights or Claims I may have, now or in the future, against any Released Party, even if the Claims are based on the carelessness, negligence or gross negligence of a Released Party or anyone else. Without limiting the foregoing, I further release any recourses which I may now or hereafter have resulting from any decision of any Released Party.
6. I agree not to sue any Released Party for Claims, even if the Claims arise from the carelessness, negligence or gross negligence of any Released Party or anyone else. I agree to indemnify (reimburse for any loss) and hold harmless each Released Party from any loss or liability (including any reasonable legal fees they may incur) defending any Claim made by me or anyone making a Claim on my behalf, even if the Claim is alleged to or did result from the carelessness or negligence of any Released Party or anyone else.
7. I am aware that there is no obligation for any person to provide me with medical care during the Activity. I understand and acknowledge that:
a. there may be no aid stations available for the Activity.
b. if medical care is rendered to me, I consent to that care if I am unable to give my consent for any reason at the time the care is rendered.
8. I am aware that it is advisable to consult a physician prior to participating in the Activity. If I have consulted a physician, I have taken the physician’s advice.
9. I grant my permission to the Released Party and any transferee or licensee or any of them, to utilize any photographs, motion pictures, videotapes, recordings and other references or records of the Activity which may depict, record or refer to me for any purpose (“Likeness”), including commercial use by the released parties, their sponsors and their licensees, unless otherwise confirmed in the Questionnaire. This permission is for use anywhere in the world and on the Internet and for an unlimited period of time. I understand and agree that I will not be compensated or receive additional consideration for consenting to the use of my Likeness and that I will not be given a chance to receive, inspect or approve the promotional or marketing material, messages and/or content that may use my Likeness.
10. No warranties or representations have been made to me about the Activity, which are not stated on this form. I understand and intend that this document acts as the broadest and most inclusive assumption of risk, waiver, release of liability, agreement not to sue and indemnify.
11. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
12. I have fully read and understand this agreement. I am aware that by signing this agreement, I am waiving certain legal rights I or my heirs, next of kin, executors, administrators and assigns may have against the Released Party.
13. I hereby acknowledge that:
• The scheduling and content of activities may be changed on occasion.
• I will notify instructors immediately of any pain and/or major discomfort felt during any activity.
• I am responsible for bringing my required equipment to every activity (where applicable).
I have read and understood this release and agree to the above Terms.
We welcome your questions or comments regarding the Terms: