Release of Liability and Hold Harmless Agreement
This agreement was last modified on February 15, 2019.
Mathias Method (“us”, “we”, or “our”) operates MathiasMethod.com (the “Site”). This page informs you of our policies regarding the Limit/Release of Liability and Hold Harmless Agreement.
The terms “us” or “we” or “our” refers to Mathias Method, the owner of the Website. The Owner of Mathias Method is Ryan Mathias, CPT.
“Mathias Method” and “MathiasMethod.com” will be referred to as the same entity.
The “site” and “website” refers to MathiasMethod.com and its pages.
A “Visitor” is someone who merely browses our Website infrequently, but has not registered as Member and does not visit our website on a regular basis.
A “Member” is an individual that has registered with us to use our Service or who visits our website frequently or on a regular basis.
Our “Service” represents the collective functionality and features as offered through our Website to our Members.
A “User” is a collective identifier that refers to either a Visitor or a Member.
All text, information, graphics, audio, video, and data offered through our Website are collectively known as our “Content”.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions and promises not to sue, and to release and indemnify, Mathias Method and employees/operators from all claims identified herein. This Agreement is between the site and Mathias Method and users of the site.
Content: Before users use any information or content on the site the client must be physically capable and should consult a physician before beginning any exercise program. The user assumes any risk associated with the performance or usage of any of our content and waives, releases, and forever discharges Mathias Method of all actions of whatever kind or nature either in law or in equity arising from or by reason of bodily injury or personal injuries known or unknown, death, or property damage resulting during the users use of our content. User assumes full responsibility for the risk of bodily damage, death, or property damage and shall hold Mathias Method harmless for any liability thereof as set forth herein.
This release is given on behalf of the user, user’s spouse, user’s legal representatives, administrators, executors, heirs, and the legal representatives of any children the users have. This release is an ongoing release and remains in effect indefinitely.
Attorney Fees: User understand that this agreement is a contract and agrees that if the lawsuit is commenced against Mathias Method, its trainers, its operators, agents, and/or employees for any injury or damage alleged by, or allegedly attributable to User, User will pay all attorney’s fees and costs reasonably incurred by us to defend that lawsuit.
User Risk Agreement: User hereby acknowledges and agrees that the user assumes full responsibility for his/her own safety by using content located on the site. User understands that he/she assumes 100% of the risk of injury, death, and property damage as provided by this agreement. This release shall be governed by the laws of the state of California. If ANY portion of this release is held invalid by a court, it is agreed that the remainder of the release shall continue in full legal force and effect notwithstanding the invalidity of any portion of it.
Contact Us: If you have any questions about this Agreement, please contact us.
Terms Applicable To All Services
By using the Mathias Method or the MathiasMethod.com website services, you agree to be bound by the following terms and conditions. Mathias Method reserves the right to change the Terms and Conditions at any time without notice, and your continued use of MathiasMethodl.com constitutes your consent to such changes.
1. DESCRIPTION OF SERVICES. Mathias Method will provide online and in-person training, coaching, exercise descriptions, programs, articles, and informative writing related to exercise, strength training, conditioning, rehabilitation, mobilization techniques, and movement-related activities. This includes, but is not limited to, any form of exercise or active movement in order to benefit an individual’s health and wellness.
2. LIMITATIONS OF SCOPE. Mathias Method will not be responsible for work that is beyond the scope of services described above. Any changes to the scope of services will not be effective unless approved by both parties.
3. RESPONSIBILITIES. Mathias Method will provide certain tools, methods, and resources to Client that are intended to help Client grow stronger and healthier. However, Client is fully and exclusively responsible for their own performance and satisfaction. In addition, Client has full and exclusive responsibility for understanding and ensuring compliance with any regulatory, legal or contractual obligations related to Client’s training and practices, including gym or training center memberships.
4. COPYRIGHT. All content produced by Mathias Method within the scope of Services including content, logos, designs, programs, articles, PDF Files, photos, videos, descriptions, quotes, and phrases, or material developed or licensed by Mathias Method is copyrighted by Mathias Method and remains the exclusive property of Mathias Method. Upon termination of this Agreement, copyrights shall remain with Mathias Method.
5. WARRANTY. Mathias Method shall provide its services and meet its obligations under this Agreement in a timely and professional manner, using knowledge and skills consistent with generally accepted standards in Mathias Method’s industry, and will provide a standard of care based on commercially reasonable efforts. The services and all products provided as part of the services are provided “as is” and Mathias Method disclaims, and client waives, any warranties, express or implied, as to the merchantability, fitness for a particular use or purpose, title, non-infringement or any other warranty, condition, guaranty or representation related to the services. Mathias Method does not warrant that any products or services provided hereunder will be uninterrupted or error-free. Under no circumstances, including negligence, shall the Company be liable for any direct, incidental, special or consequential damages or otherwise, including any damages that result from the use of or inability to use the MathiasMethod.com.
6. LIMITATIONS OF LIABILITY. Except to the extent finally determined to have resulted from the gross negligence or intentional misconduct of Mathias Method, Mathias Method’s liability to pay damages for any losses incurred by the client as a result of breach of contract, negligence or other tort committed by Mathias Method, regardless of the theory of liability asserted, is limited to no more than $100.00 under this agreement. In any case, Mathias Method and its licensors will not be liable for lost profits or any consequential, indirect, punitive, exemplary or special damages. In addition, Mathias Method shall have no liability to client arising from or relating to any third party services, information or materials. Mathias Method is also not liable for direct or indirect damages created by viruses, hackers or other malicious or accidental destruction of systems or data during the use of MathiasMethod.com.
7. INDEMNIFICATION. Subject to the provisions hereof, Client shall indemnify, defend and hold harmless from and against any and all amounts payable under any judgment, verdict, court order or settlement for third party claims brought against Mathias Method and its licensors arising from products or services related to this Agreement. Conversely, Mathias Method shall indemnify, defend and hold harmless from and against any and all amounts payable under any judgment, verdict, court order or settlement for third party claims brought against Client arising from the gross negligence or intentional misconduct of MathiasMethod.com.
The information presented is meant to help guide participants through practices that can help individuals become stronger and healthier through proper use. This information, however, does not promise any benefits when misused or misinterpreted. Please follow the guidelines as directed.
When participating in any exercise or training program there is a possibility of physical injury. If you engage in any movements, exercises or training programs, you agree to do so at your own risk. By voluntarily participating in these activities, you assume all risk of injury to yourself and agree to release and discharge Mathias Method, Ryan J. Mathias and all other affiliates of any responsibility if an injury occurs.
In addition, by following any of the suggested guidelines, protocols, templates, activities or any other information or advice given, you do so at your own risk. Do not begin any nutrition, health, exercise or training program without consulting with a Board Certified Medical Doctor and/or Registered Dietician first.
Always use spotters and any necessary safety equipment when training. It is your duty to inspect all training and safety equipment prior to each use.
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