Terms and Conditions/ K Ripps Fitness, Karina RippsÂ
TERMS AND CONDITIONS
Please READ carefully, as this pertains to the Agreement of your registration with the product sold (sometimes referred to as Program) by K Ripps Fitness (sometimes referred to as “Company”).
By purchasing this program, you (sometimes referred to as "Client") agree to the following terms stated.
PROGRAM
K Ripps Fitness agrees to provide training plan, identified as an online training guide or individualized training program, to help Clients train. Client agrees to abide by all policies and procedures outlined in this Agreement as a condition of their participation in this program.
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DISCLAIMER
Client understands Karina Ripps and K Ripps Fitness, is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist, or accountant. Client understands their participation in this program will not treat or diagnose any disease, illness, or ailment and if they should experience any such issues, they should see their registered physician or other practitioner as determined by their own judgment.
FINANCIAL OBLIGATION
Client is responsible for the completion of all payment associated with the product they purchase. Company reserves the right to seek recovery of any monies remaining unpaid.
METHODS OF PAYMENT
When Client chooses to pay by monthly installments, he/she authorizes the monthly charge for the product on the Client’s credit card or debit card.
CONFIDENTIALITY
Client agrees not to disclose, reveal, or make use of any confidential information or any transactions during discussions, in the forum or otherwise.
Client agrees not to use such confidential information in any manner other than in discussion with Karina Ripps. Confidential information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party.
CLIENT RESPONSIBILITY
Products developed by K Ripps Fitness are for strictly educational purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and results from products developed by K Ripps Fitness. K Ripps Fitness makes no representations, warranties, or guarantees verbally or in writing. Client understands that because of the nature of products developed by K Ripps Fitness and their extent, the results experienced by each Client may significantly vary. Client acknowledges that, as with any program endeavor, there are inherent risks including, but not limited to, running-and/or walking-related injuries, traffic, and the detrimental effects of climate, including, but not limited to, heat, humidity, cold, and pollution, and there is no guarantee that Client will reach their goals as a result of participation in products developed by K Ripps Fitness. K Ripps Fitness program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. K Ripps Fitness assumes no responsibility for errors or omissions that may appear in any program materials.
LIMITATION OF LIABILITY
Client agrees they use Company’s services at their own risk and that Program is only an educational service being provided. Client releases Company from any and all damages that may result from any claims arising from any Agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from participation in the Program. Client accepts any and all risks, foreseeable or unforeseeable. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Program. Company assumes no responsibility for errors or omissions that may appear in any of the program materials.
NON-DISPARAGEMENT
The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, affiliates, subsidiaries, employees, agents or representatives.
NO TRANSFER OF INTELLECTUAL PROPERTY
Company’s Programs are copyrighted and original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client is not authorized to use any of Company’s intellectual property for Client’s individual or business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of K Ripps Fitness. No license to sell or distribute Company’s materials is granted or implied. By purchasing this product, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Company. Further, by purchasing this product, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s Agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
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SEVERABILITY/WAIVER
If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
MODIFICATION
Company may modify terms of this Agreement at any time. All modifications shall be posted on the Program’s website and purchasers shall be notified.
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RELEASE
Client hereby releases K Ripps Fitness and Karina Ripps from liability for any injury or illness Client may incur, now or in the future, as a result of participating in Program or as a result of any negligent act or omission.