HEALTH AND MEDICAL CONCERNS.
THRIVE ANYWHERE workout sessions include information and instruction relating to exercise and fitness. You acknowledge and agree that the following warnings and disclaimers shall apply to all such information, instruction and services.
Before participating in any exercise program or using any fitness products or services that may be described and/or made accessible in or through THRIVE ANYWHERE, we strongly recommend that you consult with a physician or other healthcare provider. City Fitness, its staff and the content-providers are not licensed medical care providers, are not rendering personal medical advice or treatment, and have no expertise in advising on, diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a known or unknown medical condition.
THRIVE ANYWHERE personal training services are not intended to be a substitute for professional medical advice, diagnosis, or treatment. You acknowledge and agree that when participating in any exercise or exercise program, and/or when using any fitness products or services, there is the possibility of physical injury and/or death, and you assume the risk and responsibility for any such results.
You should never disregard medical advice or delay seeking it because of a statement you have read and/or heard on the City Fitness Website and/or through THRIVE ANYWHERE personal training services. THRIVE ANYWHERE personal training services should not be used in lieu of advice given by qualified medical professionals such as your doctor or registered dietitian. It is important that THRIVE ANYWHERE is used only in conjunction with qualified medical guidance. If you know or suspect that you may be pregnant, have an eating disorder, have diabetes, or have any other physical or medical condition, it is imperative that you seek the advice of your doctor prior to using the City Fitness Website and/or THRIVE ANYWHERE personal training services.
In addition to consulting with your doctor before beginning an exercise or dietary program, keep the following checklist in mind when developing your program in conjunction with your health care provider. Bear in mind that this checklist is not exhaustive and does not take the place of a consultation with your healthcare provider.
If you experience any discomfort or pain during an exercise routine or at any time during a THRIVE ANYWHERE personal training session - you must immediately cease the activity and seek the assistance of a physician.
LIMITATION OF LIABILITY.
To the fullest extent permitted by applicable laws, City Fitness will in no event be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from or in connection with any use of the City Fitness Website and/or THRIVE ANYWHERE personal training services, and/or any website with which they are linked, and/or any content, information, products or services accessible through the City Fitness Website and/or THRIVE ANYWHERE personal training services, even if City Fitness has been advised of the possibility of such losses or damages. Notwithstanding anything to the contrary contained herein, the aggregate liability of City Fitness to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to City Fitness for THRIVE ANYWHERE personal training services.
You agree to indemnify, defend, and hold harmless City Fitness and its affiliates, directors, officers, members, employees, and agents, from and against all claims, damages, losses and costs that: (i) arise from your activities on or associated with your use of THRIVE ANYWHERE; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to City Fitness violates any law or infringes any third party right, including any intellectual property or privacy right.
City Fitness reserves the right to modify THRIVE ANYWHERE. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to THRIVE ANYWHERE. City Fitness has no obligation to screen or monitor any content and does not guarantee that any content available on THRIVE ANYWHERE complies with this Agreement or is suitable for all users.
City Fitness provides THRIVE ANYWHERE on an “as is” and “as available” basis. You therefore use THRIVE ANYWHERE at your own risk. City Fitness expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, City Fitness makes no representations or warranties:
To the extent that a secondary party may have access to or view City Fitness or THRIVE ANYWHERE content on your computer or mobile device, you are solely responsible for informing such party of all disclaimers and warnings in this Agreement.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used THRIVE ANYWHERE, and no warranties shall apply after such period.
City Fitness reserves the right to change, edit, or modify this Agreement at any time. Changes are effective as soon as they are posted.