Limit/Release of Liability and Hold Harmless Agreement
This agreement was last modified on October 31, 2015.
Always Active Athletics LLC (“us”, “we”, or “our”) operates alwaysactiveathletics.com / diyactive.com (the “Site”). This page informs you of our policies regarding the Limit/Release of Liability and Hold Harmless Agreement.
Definitions: The terms “us” or “we” or “our” refers to Always Active Athletics LLC, the owner of the Website.
A “Visitor” is someone who merely browses our Website, but has not registered as Member.
A “Member” is an individual that has registered with us to use our Service.
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, along with using any materials supplied by us, you agree to be bound by these Terms and Conditions and promises not to sue, and to release and indemnify, Always Active Athletics LLC and employees/operators from all claims identified herein. This Agreement is between the site and its Always Active Athletics LLC 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 Always Active Athletics LLC 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 Always Active Athletics LLC 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 Always Active Athletics LLC, 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 user assumes full responsibility for his/her own safety with using content located on the site or supplied by us. 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 Missouri. If ANY portion of this release is held invalid by a court, it is agree 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.