2. Use License
- Permission is granted to temporarily download one copy of any downloadable materials on the School’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on the School’s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or 'mirror' the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on the School’s website are provided 'as is'. The School makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the School does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
In no event shall the School be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the School’s website, even if the School or an authorized of the School has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on the School’s website may include technical, typographical, or photographic errors. The School does not warrant that any of the materials on its web site are accurate, complete, or current. The School may make changes to the materials contained on its web site at any time without notice. The School does not, however, make any commitment to update the materials.
The School has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the School of the site. Use of any such linked website is at the user's own risk.
8. Governing Law
Any claim relating to the School’s website shall be governed by the laws of the School Owner’s home jurisdiction without regard to its conflict of law provisions.
9. Terms specific to fitness training
1. Express Assumption of Risk
1.1 I am aware that there are significant risks involved in all aspects of athletic activities and physical training particularly in circumstances whereby I am following an online training program. These risks include, but are not limited to: falls which can result in serious injury or death; injury or death due to negligence on the part of myself, HALEY RAMSEY LLC or other people around me; injury or death due to improper use or failure of equipment; strains and sprains. I am aware that any of these above mentioned risks may result in serious injury or death to myself.
1.2 I understand that the service may result in a lowering of my usual calorie intake which could result in the feeling of light-headed, faint, dizzy or nauseated. Further I understand that the exercise plans provided as party of the service may include weightlifting, gymnastics movements, strenuous bodyweight exercises and other high exertion activities, and that I am not obligated to perform nor participate in any activity that I do not wish to do, and that it is my right to refuse such participation at any time during the provision of the service. I understand that should I feel light-headed, faint, dizzy, nauseated, or experience pain or discomfort, I am to stop the activity or the nutrition plan and inform HALEY RAMSEY LLC.
1.3 I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participation in any activity or under direction of HALEY RAMSEY LLC, including any meal plan, nutrition system, or other advice. I am aware that this agreement is ongoing and will apply to all future occasions I participate in the services provided by HALEY RAMSEY LLC.
1.4 I acknowledge that I have no physical impairments, injuries, or illnesses that will endanger me or others. I represent that I am not aware of any medical or physical condition that would prevent me from participating in the exercise program outlined by HALEY RAMSEY LLC or from following and using nutrition advice provided by HALEY RAMSEY LLC which pose a serious health risk to me.
2. Membership and Service
2.1 I understand and acknowledge that the membership and service entitles me to the following: initial nutritional guidance, nutritional guidance as progression allows, exercise programming, training video demos and instruction, accountability, and 1-hour weekly group (video) calls.
2.2 I acknowledge that the service is provided for a fee and that my participation as recipient of the service is at my own free will and that I accept the service and adhere to the programs provided as part of the service having ensured I am fit, healthy, and able to follow the programs.
3.1 In consideration of my participation in the service provided by HALEY RAMSEY LLC, I, for myself, my heirs, executors, administrators or assigns, do hereby release, waive, discharge and covenant not to sue HALEY RAMSEY LLC and/or its members, managers, officers, directors, agents, employees, and affiliated entities (Hereinafter referred to as “Releases”) from liability, from any and all claims, including any negligence of HALEY RAMSEY LLC resulting in death, personal injury, accident or illnesses and property loss arising from, but not limited to, participation in the service and adherence to the programs provided by HALEY RAMSEY LLC wherever located and by whomever provided.
3.2 In further consideration for the right to use equipment recommended by HALEY RAMSEY LLC as part of its programs, I acknowledge and agree that HALEY RAMSEY LLC has not inspected the equipment or the suitability of the area for the training which I will conduct the program as I accept this is an online service. I expressly release, hold harmless, discharge and indemnify (Including costs and solicitor fees including disbursements) HALEY RAMSEY LLC and Releases for any loss, injury or damage from any cause, including negligence arising out of any advice, and/or arising out of the recommended use of equipment by HALEY RAMSEY LLC.
4. Fees and Payments
4.1 In return for our services, you agree to pay the agreed upon price on a monthly basis.
4.2 It is your responsibility to keep your account in funds and to pay all your own bank fees including fee which you bank has charged if you account is overdrawn as a result of a direct debit. If any direct debit fails, we will either add the outstanding sum to the next direct debit, or make additional direct debits to recover the outstanding amount. We can charge you a reasonable administration cost. If your account is more than 3 weeks in arrears, we have the right to forward this agreement and your details to a debt collection agency or a lawyer to recover our fees. In this event you accept you are liable for our legal fees and interest.
6. Cancellation / Termination
6.1 You may cancel your HALEY RAMSEY LLC membership at any time. No refunds will be granted for unused material after the initial free trial, if applicable.
Termination by HALEY RAMSEY LLC: At any time, HALEY RAMSEY LLC can terminate your membership and this agreement immediately by giving you notice in writing if you:
a. Fail to pay fees liable to be paid under this agreement;
Failing to complete 100% of the program offered;
- Failing to adhere to the exercise plan, accountability program, and tracking nutrition guidelines;
- Failing to attend all online consultations;
(b) The right to terminate on these grounds is exclusively reserved for HALEY RAMSEY LLC. If we do not terminate your agreement, we are still entitled to recover our costs and losses under this agreement.
7. Photography/Video/Marketing Release (Optional)
7.1 Participants involved in any activities offered by HALEY RAMSEY LLC may be photographed or videotaped during provision of the service including online consultations. I hereby consent to the use of these photographs and/or videos without compensation, on the HALEY RAMSEY LLC website, Facebook page or in any editorial, promotional or advertising material produced and/or published by HALEY RAMSEY LLC both online and/or in print. I acknowledge that such photographs/video may include (but not limited to) “before” and “after” photographs along with any statistics as to my weight loss, weight loss journey, stress reduction, and quality of life improvement.
8. Severability and Jurisdiction
8.1 I further expressly agree that the foregoing provisions in this Agreement are intended to be as broad and inclusive as permitted by the law and if any portion of this Agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. I further acknowledge and agree that this Agreement shall be governed by and shall be construed in accordance with the law.
9.1 I recognize that there are risks involved in the types of activities and services offered by HALEY RAMSEY LLC. Therefore I accept financial responsibility for any injury that may be caused to me or to any other participant due to my negligence. Should the above-mentioned parties, or anyone acting on their behalf, be required to incur solicitors fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs.
9.2 I further agree to indemnify and hold harmless HALEY RAMSEY LLC, their principals, agents, employees, trainers, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in activities offered as part of the service by HALEY RAMSEY LLC, whether online, in person or at a location directed or recommended by HALEY RAMSEY, LLC. This includes but is not limited to parks, recreational areas, playgrounds, and/or any area selected for provision of the service by HALEY RAMSEY LLC.
10. Payment Authority
10.1 I hereby authorize any and all payments due to HALEY RAMSEY LLC by me. I, further authorize my credit card company or bank to make payment(s) to HALEY RAMSEY LLC by the method(s) indicated via the direct debit form and to deduct such payment from my account. I understand that some payment periods may have less engagement and provision of service (due to public holidays), however the weekly fee will still be deducted - unless previously agreed upon by me and HALEY RAMSEY LLC.
10.2 FOR BILLING QUESTIONS: please email [email protected]
11. Acknowledgment of Understanding
11.1 I have read the Release of liability, waiver of claims and assumption of risk provisions in this Agreement and I understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am agreeing to the stated terms freely and voluntarily and intend, by my payment and/or subscription, that this document be a complete and unconditional release of liability to the greatest extent allowed by law. I further certify that I have fully read and understand the terms of this agreement and will comply with the contents herein.