TERMS AND CONDITIONS
1. Assumption of Risk
Gym Wizards CC (Hereafter Gym Wizards) or user of Fitnastix (the “Purchaser”) expressly understands and agrees that the use of Fitnastix (the “Product”) presents risk to any user of the Product, both serious and minor. There is an express risk that the Purchaser may be hurt by using the Product. If you are unwilling to assume all the risks associated with the Product, do not accept the terms contained herein. The Purchaser further acknowledges that the purchase and use of the Product does not in any way certify the Purchaser as an instructor in the techniques contained herein. The purchaser hereby represents that they are duly certified and have complied with all local legislation permitting the Purchaser expressly and specifically assumes all risk of injury or harm in the use of the Product and assumes all responsibility for any, losses, costs and/or damages for any and all injuries suffered by the Purchaser or to the property of the Purchaser by any means and howsoever caused. The Purchaser further acknowledges that there may be other hazards and risks that may occur without warning.
2. Waiver and Release
The Purchaser and his or her heirs, executors, administrators, successors and assigns hereby waive, release, remise and forever discharge Tania Wiliams, FITNASTIX or Gym Wizards and their respective assigns, predecessors, affiliates, insurers, officers, directors, servants, agents and employees (collectively the “Released Parties”) of and from all actions, suits, debts, duties, accounts, covenants, contracts, claims and demands whatsoever. Hold Harmless: The Purchaser further agrees that if, despite this Disclaimer the Purchaser or anyone on the Purchaser’s behalf, makes a claim against any of the Released Parties, the Purchaser WILL INDEMNITY, SAVE AND HOLD HARMLESS EACH OF THE RELEASED PARTIES from any litigation expenses, legal fees, loss, liability, damage or cost which any of the Released Parties may incur as the result of such claim. The Purchaser acknowledges this Disclaimer has been read in full and that the Purchaser fully and completely understands the terms and conditions contained herein. The Purchaser further understands that the Purchaser is giving up and is waiving substantial rights by accepting the terms of this Disclaimer. The Purchaser freely accepts this Disclaimer without any influence, inducement or assurance of any nature and understands that this Disclaimer is intended it to be a complete and unconditional release of all liability of the Released Parties to the greatest extent allowed by the law of the Province of ______________.
3. Insurance: Purchaser shall maintain:
- General comprehensive insurance coverage including product liability insurance for personal injury and property damage necessary to respond to any claim of liability arising in any way out of this Agreement or any of the transactions or activities contemplated by this Agreement or the actions of Purchaser; and
- Multimedia or professional indemnity and technology errors & omissions liability insurance (including, without limitation, coverage for copyright/trademark infringement, rights of privacy, libel, slander, personal and advertising injury). Limits of coverage shall not be less than R 1 000 000 per occurrence and
R 2 000 000 in the aggregate.
4. Trademark Use:
- Purchaser shall not, and shall not permit any third party to:
4.2 Purchaser recognizes the value of the Licensed Marks and/or Licensed Materials, including any IP rights therewith. All use of the Licensed Marks and/or Licensed Materials and the goodwill associated therewith shall inure to the benefit of Gym Wizards and this Agreement shall not restrict Gym Wizards rights to use the Licensed Marks and/or Licensed Materials in any way.