This AGREEMENT, made and entered into as of the date you manifested your assent by clicking the “I Accept” button, is by and between REFIT Revolution, LLC (“REFIT Revolution”) and you.
REFIT Revolution has developed a group fitness program that uses positive music, movements, and messaging to build community and impact lives and believes that fitness is for every body, and each workout is designed for all shapes, sizes, and fitness levels through a powerful body + mind + soul + spirit connection. The program incorporates unique choreography, proprietary content, and other intellectual property owned by REFIT Revolution (together, the “REFIT Content”). REFIT Revolution provides the REFIT Content in video format through online streaming and otherwise.
Because physical exercise can be strenuous and subject to risk of serious injury, we urge you to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. You agree that by participating in physical exercise or training activities offered in connection with the REFIT Content, you do so entirely at your own risk. Any recommendation for changes in diet including the use of food supplements, weight reduction and/or body building enhancement products are entirely your responsibility and you should consult a physician prior to undergoing any dietary or food supplement changes. You agree that you are voluntarily participating in these activities and assume all risks of injury, illness, or death.
You acknowledge that you have carefully read this agreement and fully understand that it is a release of liability. You expressly agree to release and discharge REFIT Revolution, LLC and its trainers, instructors, members, managers, owners, officers, employees, contractors, agents, and affiliates (“REFIT Revolution”) from any and all claims or causes of action, and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against REFIT Revolution for personal injury or property damage.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence.
If any portion of this release from liability shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this release from liability shall remain in full force and effect and the offending provision or provisions severed here from.
You acknowledge and agree that the REFIT Content is protected by copyright, trademark, and/or trade secret law, or laws governing other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. You agree never to challenge or contest, or assist any third party in challenging or contesting, REFIT Revolution’s ownership of the REFIT Content or the validity of REFIT Revolution’s copyright, trademark, trade secret, and/or other intellectual property rights in and to the REFIT Content and any derivative works of the REFIT Content. You further agree you will never assert or claim any ownership rights in and to any of the REFIT Content.
Subject to your compliance with this Agreement, you may access the REFIT Content for your personal, non-commercial use only. You agree that you will not copy, modify, or distribute any of the REFIT Content, or use the REFIT Content for any reason other than your personal, non-commercial use. Without limiting the foregoing, you expressly agree and acknowledge that you will not take the following actions with respect to the REFIT Content: copying the choreography in the REFIT Content or creating derivations thereof and claiming it as your own or claiming that it originates from anywhere other than REFIT Revolution; recording any REFIT Content and distributing such recordings to others; and using excerpts from the REFIT Content and incorporating it into other content.
The REFIT Revolution name, marks, logos and other of the REFIT Content are the exclusive property of REFIT Revolution, LLC, whether registered or unregistered, and may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service.