Waiver of Liability
Waiver of Liability and Informed Consent Private, Group and Outdoor Fitness & Training, Yoga, Wellness & Fitness Classes and Nutrition Programs *
I have enrolled in a program of strenuous physical activity including but not limited to cardiovascular, resistance training and yoga with I Am Breakthrough Wellness and their Personal trainers, yoga teachers and wellness coaches. I hereby affirm that I am in good physical condition and do not suffer from any disability that would prevent or limit my participation in this exercise program.
In consideration of my participation in Private Training, Yoga, Group Fitness, Wellness and Fitness classes, I, for myself, my heirs and assigns, hereby release I Am Breakthrough Wellness their Personal trainers, yoga teachers and wellness coaches from any claims, demands and causes of action arising from my participation in the fitness program.
I fully understand that I may injure myself as a result of my participation in the, Private Training, Group Training, Yoga with I Am Breakthrough Wellness, and programs and I hereby release I Am Breakthrough Wellness and their Personal trainers, yoga teachers and wellness coaches from any liability now or in the future including but not limited to heart attacks, muscle strains, pulls or tears, broken bones, shin splints, heat prostration, knee/lower back/foot injuries and any other illness, soreness or injury however cause, occurring during or after my participation in the exercise program.
I understand I Am Breakthrough Wellness, their Personal trainers, yoga teachers and wellness coaches do not replace the advice of a medical professional, they are not medical doctors and cannot provide medical advice. You are encouraged to seek medical permission before starting a new workout/wellness program, and understand that any exercise program carries with it some risk and acknowledge that risk. I have consulted with my Dr and she/he agrees that this exercise program is appropriate for my current state of health. This waiver shall apply to today and to future training/classes, with I Am Breakthrough Wellness and their Personal trainers, yoga teachers and wellness coaches.
Billing & Termination
I Am Breakthrough Wellness is a monthly service and does not require a long-term contract or agreement. Subscriptions to I Am Breakthrough Wellness are billed to your credit card automatically each month. You can cancel at any time. When you request cancellation of your subscription, a 30 day notice to our billing processor is required. Therefore, one additional month will automatically be billed to your credit card. You can cancel your subscription by going to the My Account section after you login. You will then have access to the "Cancel" link.
Since I Am Breakthrough Wellness is digital media that delivers access immediately to the purchased product, all sales are final. Refunds are not available for digitally delivered products.
Manage your billing amount by deleting profiles each month that are not being used or have no activity. On your monthly billing date if your profile count exceeds or is less than the current subscription level, your billing will automatically be adjusted up or down. You will have the ability to delete unwanted profiles at any time 30 days following the date the profile was entered, to manage billing fees. Important - by deleting a profile you will also terminate the customers ability to use the I Am Breakthrough Wellness mobile application. Upon subscription termination, access to your I Am Breakthrough Wellness Web account, all client profile data, recorded history & meal plans will be discontinued. Your customers will no longer be able to access their I Am Breakthrough Wellness Web account, or use the I Am Breakthrough Wellness iPhone application.
IMPORTANT - READ CAREFULLY: By installing, activating OR exercising your rights to make and use I Am Breakthrough Wellness (I Am Breakthrough Wellness SOFTWARE), you agree to be bound by the terms and conditions of this license agreement. If you do not agree with the terms and conditions of this Agreement do not activate or access I Am Breakthrough Wellness. If the software license has found to be activated, you forfeit your right to receive a refund. For the limited warranty pertaining to your purchase, please refer to the warranty booklet, if any, included in this document.
1. COPYRIGHT. The SOFTWARE, including any images, photographs, animations, video, audio, music and text incorporated in the SOFTWARE, is owned by Media Smak, LLC or its suppliers and is protected by United States copyright laws and international treaty provisions. You may not copy any of the printed materials accompanying the SOFTWARE.
2. OTHER RESTRICTIONS. You may not rent or lease the SOFTWARE. You may not reverse engineer, decompile, or disassemble the SOFTWARE. The SOFTWARE license is not transferable.
3. LIMITED WARRANTY. I Am Breakthrough Wellness warrants that (a) the SOFTWARE will perform without defects when installed on a clean Windows or Apple operating system installation, in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt (date of purchase), and any hardware accompanying the SOFTWARE will be free from defects in materials and workmanship under normal use and service for a period of one (1) year from the date of receipt (date of purchase).
4. CUSTOMER REMEDIES. Software purchases are not refundable. All sales are final. I Am Breakthrough Wellness and its suppliers entire liability and your exclusive remedy shall be, atI Am Breakthrough Wellness's option, to repair or replace the SOFTWARE that does not meet I Am Breakthrough Wellness's Limited Warranty. This warranty is void if failure of the SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty days, whichever is longer.