TERMS AND CONDITIONS
1. I understand that there are significant risks involved in all aspects of physical training and if I choose to proceed with such training, I voluntarily assume these risks and any injury, loss or damage that may result.
2. I understand that the owners, members, managers, partners, employees and agents of Revival Strength and Marcus Filly Professional Health and Fitness Coaching (collectively and including Marcus Filly, the “Filly Companies”) are not physicians nor are they trained in medicine and they cannot provide reliable advise for any condition I may have. I understand that I need to consult a physician if I have any questions concerning my health or ability to participate in any of the physical training, exercise, classes or services that the Filly Companies offer.
3. I understand that the reaction of the body, including the heart, lung and vascular systems, to exercise cannot always be predicted with accuracy and that there is a risk of a full range of injuries, from minor to severe, including the possibility that I might suffer permanent serious injury or death. I understand that the programs and services offered by the Filly Companies are of a nature and kind that are extremely strenuous and can/may push me to the limits of my physical abilities. These risks of injury, loss or damage might result from my own actions or negligence, or the actions or negligence of others, or the conditions of the premises or of any equipment used. I acknowledge that there may be other risks to me that are not known or not reasonably foreseeable. I agree to accept and assume all of the above risks that arise as a result of my participation, including property damage, personal injury or death. I also release, waive, discharge, and promise not to sue Filly Companies or its or their owners, managers, members, partners, employees, officers, directors, agents, landlords, affiliated companies, and insurers from any and all liability for injury, loss or damage to my person or property, or any other consequence in connection with my participation in training or rehabilitation services received at or directed by the Filly Companies. Should the above-mentioned parties, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs.
4. I also agree to indemnify, defend and hold harmless the Filly Companies, their owners, managers, members, partners, employees, officers, directors, agents, trainers, affiliated companies, and insurers from any and all damages, liabilities, fees and costs incurred in connection with any third party claims or threats of claims asserted arising from my participation in recreational or athletic activities or rehabilitation services. I intend this release and hold harmless agreement to forever bind myself as well as my estate, personal representatives, guardians, conservators, heirs, executors, administrators, next of kin, and assigns.
I acknowledge and agree that I have not been solicited or induced or influenced by Marcus Filly or by anybody acting in concert with Marcus Filly to exercise at or under the direction of any of the Filly Companies.
By my acceptance, I represent that I have carefully read, understand, and consent to the terms of this waiver and release or liability. I understand and confirm by signing this waiver and release that I expressly and willingly agree to assume complete responsibility for any injury to my person or damage to my property that may arise in connection with my participation in training or exercise received at or directed by the Filly Companies.
I have read and understood the foregoing assumption of risk, and release of liability and I understand that by signing it obligates me to indemnify the parties named for any liability for injury or death of any person and damage to property caused by my negligent or intentional act or omission. I understand that by signing this form I am waiving valuable legal rights.
See store policy for details.
REFER A FRIEND PROGRAM:
Offer subject to change. All reward vouchers are valued in USD and to be redeemed only on the Functional Bodybuilding website. Minimum spend for qualifying advocate reward is $19. Advocate rewards will be distributed within three weeks of validation to allow for trial periods of Persist. Please contact us if your expected reward does not come through in this time so we may further assist you. Advocate rewards may not be applied to automatic recurring payments, such as subscription payments, but can be applied to ebooks, merchandise, or manual payments such as subscription length switches (available through My Account).
IMPORTANT NOTICE – THIS IS A BINDING CONTRACT
LICENSE AND RIGHTS
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, you hereby irrevocably grant to FUNCTIONAL BODYBUILDING, as well as its respective licensees, successors, assigns, and third-party service providers, and their respective retail partners, marketing or public relations agencies and other affiliates (collectively, the “Licensed Parties”), a worldwide, perpetual, fully-paid, royalty-free, transferable, sub-licensable right to use your User Generated Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiative, and in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Generated Content in any manner in their sole discretion, with no obligation to you whatsoever.
You grant the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, in connection with any use of your User Generated Content. You understand and acknowledge that FUNCTIONAL BODYBUILDING may modify the User generated Content for formatting, integration or other purposes, however, such modifications shall not materially distort such User Generated Content. No advertisement, promotional media or other material in any media containing your Name and/or Likeness related to the User Generated Content need be submitted to you for any further approval for use by the Licensed Parties.
LIMITATION OF LIABILITY
IN THE EVENT THE USER GENERATED CONTENT CAUSES ANY TECHNICAL DISRUPTION, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES AND COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND EXPENSES) ARISING FROM ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES BASED UPON SUCH TECHNICAL DISRUPTIONS. WITHOUT LIMITING THE FOREGOING, YOU SHALL BE SOLELY LIABLE FOR ANY DAMAGES, LOSSES, COSTS OR EXPENSES ARISING OUT OF INFRINGEMENT OF PROPRIETARY RIGHTS OR ANY OTHER HARM ARISING FROM THE USER-GENERATED CONTENT.
INDEMNITY & RELEASE