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Water Mountain Inc
2510 E 7th Avenue
Flagstaff, AZ 86004
Single User License to Digital and Video Training
Digital/video course shall refer to instruction and materials delivered via video, voice call, video call including but not limited to Zoom, and electronic files provided by Water Mountain Inc.
Purchase of a digital/video course grants a license for personal use of the course content to a single individual for the duration of the course, when that duration is explicitly defined by Water Mountain Inc. In the event course duration isn’t specified, that duration shall be considered perpetual.
Courses, their materials, or their images may not be redistributed or resold.
In the event a course should provide materials for download, the licensee may use the downloaded materials for personal use in perpetuity.
Water Mountain Inc maintains ownership of All Rights of materials, except where expressly stated.
Hold Harmless.
I affirm that I am an adult of the age of consent and purchasing any fitness products/services for my use or that I am a parent or guardian of a minor in my care for whom I am providing consent to receive fitness services. First-person pronouns throughout this document will refer to me as the legal guardian representing the minor in my care, in the event that I have purchased these products or services for said minor.
I hereby consent to waive certain legal rights, including the right to sue the following party, and, if applicable, its owners, trainers, representatives, and facilities from any physical, material, tangible or intangible, loss or damages that may happen to me during my participation in any of the fitness services (hereinafter, “Fitness Services”) undertaken while under their instruction or thereafter: Water Mountain Inc. (the “Fitness Provider”).
I will be voluntarily participating in the Fitness Services that will be conducted by the Fitness Provider. These Fitness Services will include, but not be limited to the following: Digital/video lessons in martial arts, qi gong, health, lifestyle, and fitness.
I agree with and understand the following:
It is my responsibility to consult a physician before participating in this or any fitness program and I affirm that I have no medical conditions that would restrict me from participating in any of the Fitness Services.
I agree to hold the Fitness Provider, and if applicable, its owners, trainers, representatives, officers, employees, contractors, and content creators of the course material, harmless from any damage, whether tangible or intangible, that may happen to me while participating in the Fitness Services. Such injuries may include, but are not limited to, muscle strains, muscle sprains, muscle spasms, heart attacks, raised blood pressure, and broken, fractured, or dislocated bones.
I agree that the Fitness Provider offers the Fitness Services with no guarantee of results.
I agree that I am solely responsible to maintain the diet and fitness regime appropriate for my level of health and stamina, and I agree that any results that occur, whether positive or negative, are the effects of my own personal choices.
I agree that participation in the Fitness Services is not a replacement for actual medical care, and that if I do experience medical issues, I will contact my doctor immediately.
If I do require medical treatment or attention while or after participating in the Fitness Services, I agree that the medical costs are mine and mine alone and hold the Fitness Provider blameless from any charges, fees, or costs that my conditions may incur.
This Fitness Services Waiver will bind and be enforceable against me and all of my personal representatives. I agree that this Fitness Services Waiver should be enforceable to the fullest extent of the law, and if any portion is held invalid, the remainder should continue in full legal force and effect.
I specifically acknowledge and agree that this document is not intended to be a general release, which would be limited under some state and local laws.
This Fitness Services Waiver shall be construed and interpreted as broadly as possible in the applicable jurisdiction.
ASSUMPTION OF RISK.
I understand and am aware that my participation in the Fitness Services involves risks. These risks may lead to tangible or intangible harm, and I agree that they may result not only from my own actions but also from the actions of others. With the knowledge and understanding of these risks, I choose, of my own will and volition, to continue participating in the Fitness Services.
I am also aware that there are risks that I may not have considered, yet I waive my right to any claims that may occur from these unconsidered risks and I choose, of my own will and volition, to participate in the Fitness Services.
COVENANT NOT TO SUE.
I will not start any lawsuit or other court action against the Fitness Provider, nor will I join any such proceeding, including any claim for money damages. I acknowledge and agree that I am entering a covenant not to sue the Fitness Provider in any capacity, including to hold the Fitness Provider liable for any injury, loss, or damage sustained by me or my property, even if it is due to the Fitness Provider’s negligence or omission. I also waive the right of any of my insurers to make any such claim.
INDEMNIFICATION.
I agree to defend and indemnify the Fitness Provider and any of its affiliates (if applicable) and hold them harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to my use or misuse of the Fitness Services or my conduct or actions. I agree that the Fitness Provider shall be able to select its own legal counsel and may participate in its own defense, if desired.