Website Terms of Use

Welcome to www.nikkigunz.com, (the “Website”) an online platform owned and operated by Nikki Gunz Personal Training, (“Nikki Gunz Personal Training”, “we”, “us” or “our”) that provides its clients (as defined below) with online personal training services, fitness programs, and various other fitness related services. These terms and services are a legally binding agreement between you and Nikki Gunz Personal Training regarding your use of the Website and use and purchase of the Nikki Gunz Personal Training Service. By accessing or using the Website or using or purchasing Nikki Gunz Personal Training Service, you acknowledge that you have read, understood and agree to be bound by these terms & conditions, including any additional guidelines, the Nikki Gunz Personal Training Privacy Policy, and any future modifications thereto (collectively the “Agreement”), whether or not you become a client of Nikki Gunz Personal Training by purchasing services offered by Nikki Gunz Personal Training. (“Client”).

IF YOU OBJECT TO ANYTHING IN THIS AGREEMENT OR THE NIKKI GUNZ PERSONAL TRAINING PRIVACY POLICY, YOU CANNOT USE THE WEBSITE OR THE Nikki Gunz Personal Training SERVICE AND YOU SHOULD IMMEDIATELY TERMINATE YOUR USE THEREOF.

  1. Eligibility – You must be at least eighteen (18) years of age or the age of majority in the place of your residence to become a client or purchase Nikki Gunz Personal Training Services. Service is restricted to natural persons. By using the Nikki Gunz Personal Training Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and you agree to abide by this Agreement.
  2. Privacy Policy – Your privacy is important to us. The Nikki Gunz Personal Training Privacy Policy (“Privacy Policy”) is hereby incorporated into this Agreement by reference. Please read the Privacy Policy carefully for details relating to the collection, use and disclosure of your personal information.
  3. Individual Features and Services – When using the Website and/or Nikki Gunz Personal Training Services, you may be subjected to specific services and features, which may be posted from time to time on the Website. (the “Guidelines”) All such Guidelines are hereby incorporated by reference in this Agreement. To the extent that any terms of these terms & conditions conflict with any Guidelines, these terms & conditions shall prevail.
  4. Modification of Terms – Nikki Gunz Personal Training reserves the right, in its sole discretion, to change, modify, add or remove portions of this Agreement at any time and for any reason without notice to you and by simply updating this page. This Agreement was last updated and is effective as up the “Updated” date indicated below. You should visit this page from time to time to review the then-current Agreement because it is binding on you and your continued use of or access to the Website and use and/or purchase of Nikki Gunz Personal Training Services after the posting of changes will be construed as your acceptance of the revised Agreement. For any material changes to this Agreement, such as amended terms will automatically be effective 30 days after they are initially posted on the Website.
  5. Client – When you purchase services on the Website, you become a client. Clients using the Nikki Gunz Personal Training Service to receive training, instruction, and guidance provided by Nikki Gunz Personal Training, fitness professional (as described below) are known as “Clients”. Clients can use Nikki Gunz Personal Training to schedule instruction and training events and lessons (each as a “Online Training Session”). Payments for each Online Training Session will be processed in accordance with the Client’s purchased sessions rate.
  6. Cancellation of Online or Face to Face Training Sessions – As a Client, you may cancel online or face to face training sessions up to 12 hours before your Online Training Session (the “Cancellation Period”).
  7. Cancellation within the Cancellation Period – If you cancel a Online Training Session during the Cancellation Period, your account will not be charged for the amount of the cancelled Online Training Session.
  8. Cancellation outside of the Cancellation Period – If you cancel a Online Training Session outside of the Cancellation Period, you will not receive a refund or credit. At our sole discretion, we may decide to credit your account, in whole or in part, for the cost of the cancelled Online Training Session.
  9. Cancellation by Nikki Gunz Personal Training – If a Online Training Session is canceled by your fitness professional, your account will be credited for the full amount of the cancelled Online Training Session.
  10. Your Interactions with Other Clients –
  11. Interactions with Other Clients – You are solely responsible for your interactions with other clients of the Website (“Clients”) or Users. Nikki Gunz Personal Training makes no representations or warranties as to the conduct of Clients or Users and shall not be in any way liable for any conduct of any Client or User. You agree to take reasonable precautions in all interactions with other Clients or Users, particularly if you decide to meet offline or in person a Client and/or User. You should not provide your financial information (for example your credit card or bank account information) to other Clients or Users.
  12. Release – You hereby release Nikki Gunz Personal Training, its affiliates, contractors, employees, agents or third party partners or suppliers from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known, unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of our of in any way connected with your interaction with other Clients or Users.
  13. Term and Termination – This Agreement will remain in full force and effect while you use the Nikki Gunz Personal Training Service and/or are a Client of Nikki Gunz Personal Training. Nikki Gunz Personal Training may, in its sole discretion and for any or no reason, terminate your account by sending notice to you at the email address you provide in your Client Registration forms, or such other email address you provide to Nikki Gunz Personal Training. Subject to applicable laws, if Nikki Gunz Personal Training terminates your account in the Nikki Gunz Personal Training Service because you have materially breached this Agreement, you will not be entitled to any refund. All decisions regarding the termination of accounts shall be made in the sole discretion of Nikki Gunz Personal Training. Nikki Gunz Personal Training is not required to provide you notice prior to terminating your account. Nikki Gunz Personal Training is not required to disclose, and may be prohibited from disclosing, a reason for the termination of your account.
  14. Account Security – You are responsible for maintaining the confidentiality of any username and password you create or use to register for, purchase and/or use the Nikki Gunz Personal Training Service. This includes any third party software or platforms used to conduct your Online Training Sessions. You agree to (a) immediately notify Nikki Gunz Personal Training of any unauthorized use of your username or password or any other breath or security, and (b) ensure that you logout of any username or password based accounts each time you exit those accounts and after each Online Training Session. Nikki Gunz Personal Training will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing any accounts from a public or shared computer so that others are not able to view or record your passwords or other personal information.
  15. Content on the Website – All content is copyright to its respective owners.
  16. Property Rights – Nikki Gunz Personal Training, and its licensors, own and retain all proprietary rights in the Website and/or Nikki Gunz Personal Training Service. The Website and/or the Nikki Gunz Personal Training Service contains content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services and other elements of the Nikki Gunz Personal Training Service (the “Nikki Gunz Personal Training Materials”) that are protected by copyright, trade dress, patent and trademark laws, international conventions, and other relevant intellectual property and property rights, and applicable laws. Except for that information which is public domain or for which you have been given express written permission, you may not copy, modify, publish, transmit, distribute, license, perform, display, or sell any Nikki Gunz Personal Training Materials. Nikki Gunz Personal Training Materials do not include Client or User Content (as defined below) or other content submitted by Users. Nikki Gunz Personal Training retains all rights not expressly granted in this Agreement. You shall not acquire any right, title or interest to the Website, the Nikki Gunz Personal Training Service or Nikki Gunz Personal Training Materials, except for the limited rights set forth in this Agreement.
  17. Reliance on Content – Advice, opinions, statements, offers, or other information or content, including without limitation User Content (as defined below), made available through the Website and/or the Nikki Gunz Personal Training Service, but not directly by Nikki Gunz Personal Training are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Nikki Gunz Personal Training does not: (i) guarantee the accuracy, integrity, quality, legality, safety, completeness, or usefulness of any information on the Website and/or the Nikki Gunz Personal Training Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any third party, person, or other fitness professional that appears on the Website and/or the Nikki Gunz Personal Training Service. Under no circumstances will Nikki Gunz Personal Training or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website and/or the Nikki Gunz Personal Training Service or transmitted to or by any Users or Members.
  18. Health Information – The information provided through the Website and/or the Nikki Gunz Personal Training Service may contain general health information. THIS WEBSITE AND/OR Nikki Gunz Personal Training SERVICE DOES NOT PROVIDE MEDICAL DIAGNOSIS FOR ANY INDIVIDUAL AND MUST NOT BE USED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR CARE. All specific medical questions you may have about your specific medical condition, treatment, care, or diagnosis must be presented to your health care professional. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING PROFESSIONAL ADVICE BECAUSE OF ANY INFORMATION CONTAINED IN OR RELATED TO THE WEBSITE AND/OR THE Nikki Gunz Personal Training SERVICE.
  19. Content Posted by You on the Website and/or the Nikki Gunz Personal Training Service –
  20. Accurate Content – You are solely responsible for the User Content (as defined below) that you publish or display (a “post”) on the Website and/or the Nikki Gunz Personal Training Service, or transmit to other Users and/or Members.
  21. Moderating Content – You understand and agree that Nikki Gunz Personal Training may, but has no obligation to, moderate, review and delete any content, comments, messages, photos or profiles (collectively, “User Content”), in each case in whole or in part, that in the sole judgment of Nikki Gunz Personal Training, violates this Agreement, might be offensive or illegal, or that might violate the rights or safety of other Users or Members.
  22. License to User Content – By posting or submitting User Content to any public area of the Website and/or the Pandora Service, you automatically grant, and you represent and warrant that you have the right to grant, to Nikki Gunz Personal Training, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and User Content and to prepare derivative works of, or incorporate into other works, such information and User Content, and to grant and authorize sublicenses of the foregoing. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. You also hereby grant to each User and Client of the Website and/or the Nikki Gunz Personal Training Service a non-exclusive license to access your User Content, in each case as permitted by the functionality of the Website and/or the Nikki Gunz Personal Training Service and this Agreement. The above license granted by you shall survive any termination or expiration of this Agreement.
  23. Representations and Warranties – In connection with the User Content, you affirm, represent, and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to post the User Content to the Website and/or the Nikki Gunz Personal Training Service, to authorize Nikki Gunz Personal Training to use the User Content in the manner contemplated by Nikki Gunz Personal Training and this Agreement, and to grant the rights and licenses set forth above, (ii) the public posting and use of your User Content by Nikki Gunz Personal Training and other Users and Clients will not infringe or violate the rights of any third party or violate any applicable law or regulation.
  24. Prohibited User Content – The following is a partial list of the kind of User Content that is illegal or prohibited on the Website and/or the Nikki Gunz Personal Training Service. Nikki Gunz Personal Training reserves the right to investigate and take appropriate legal action, in its sole discretion, against anyone who violates this provision, including without limitation, removing the offending communication from the Website and/or the Nikki Gunz Personal Training Service and terminating the membership of such violators. It includes, but is not limited to, User Content that:
    • is patently offensive to the online community, such as content that promotes bias, racism, bigotry, hatred or physical harm of any kind against any group or individual;
    • harasses or advocates harassment of another person;
    • involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
    • promotes information that you know is false, misleading or promotes illegal activities or conduct that is bias, abusive, threatening, obscene, profane, offensive, sexually oriented, racially offensive, defamatory or libelous;
    • promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
    • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
    • provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
    • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
    • solicits passwords or personal identifying information for commercial or unlawful purposes from other Users or Clients; or
    • engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
  25. User and Client Profile – All information you include in your client profile, including without limitation the information in your billing account, must be accurate, current and complete. If information provided to Nikki Gunz Personal Training, subsequently becomes inaccurate, misleading or false, you will promptly notify Nikki Gunz Personal Training of such change.
  26. Prohibited Activities – Nikki Gunz Personal Training reserves the right to investigate and terminate your membership if you have misused the Website and/or the Nikki Gunz Personal Training Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Website and/or the Nikki Gunz Personal Training Service:
    • You will not use the Website or the Nikki Gunz Personal Training Service for any purpose that is unlawful or prohibited by this Agreement;
    • You will not impersonate any person or entity;
    • You will not “stalk” or otherwise harass any person;
    • You will not express or imply that any statements you make are endorsed by Nikki Gunz Personal Training without our specific prior written consent;
    • You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Website and/or the Nikki Gunz Personal Training Service or its contents;
    • You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
    • You will not remove any copyright, trademark or other proprietary rights notices contained on the Website and/or the Nikki Gunz Personal Training Service;
    • You will not interfere with or disrupt the Website and/or the Nikki Gunz Personal Training Service or the servers or networks connected to the Website and/or the Nikki Gunz Personal Training Service;
    • You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    • You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Website and/or the Nikki Gunz Personal Training Service;
    • You will not “frame” or “mirror” any part of the Website and/or the Nikki Gunz Personal Training or the Website and/or the Nikki Gunz Personal Training Service, without Nikki Gunz Personal Training’s prior written authorization. You also shall not use meta tags or code or other devices containing any reference to Nikki Gunz Personal Training, the Website or the Nikki Gunz Personal Training Service in order to direct any person to any other web site for any purpose;
    • You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or the Nikki Gunz Personal Training Service or any software used on or for the Website or the Nikki Gunz Personal Training Service or cause others to do so.
  27. Modifications to the Website and/or the Nikki Gunz Personal Training Service – Nikki Gunz Personal Training reserves the right at any time to modify or discontinue, temporarily or permanently, the Website and/or the Nikki Gunz Personal Training Service (or any part thereof) with or without notice. You agree that Nikki Gunz Personal Training shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website and/or the Nikki Gunz Personal Training Service.
  28. Blocking of IP Addresses – In order to protect the integrity of the Website and/or the Nikki Gunz Personal Training  Service, Nikki Gunz Personal Training  reserves the right at any time in its sole discretion to block Users or Members from certain IP addresses from accessing the Website and/or the Nikki Gunz Personal Training  Service.

Copyright Policy

  1. Infringement Notice –. It is Nikki Gunz Personal Training s policy to respond to clear notices of alleged copyright infringement. If you are a copyright owner or an agent thereof and you believe that any content hosted on the Website and/or the Nikki Gunz Personal Training Service infringes your copyrights, please contact us at the address provided below.
  2. Repeat Infringer – Please note that Nikki Gunz Personal Training will promptly terminate without notice any User’s or Client’s access to the Website and the Nikki Gunz Personal Training  Service if that User or Member is determined by Nikki Gunz Personal Training to be a “repeat infringer.” A “repeat infringer” is a User or Client who has been notified by Nikki Gunz Personal Training of infringing activity violations more than twice and/or who has had their User Content or any other User-submitted content removed from the Website and/or the Nikki Gunz Personal Training Service more than twice.

Disclaimers

  1. Results Not Guaranteed – Nikki Gunz Personal Training DOES NOT GUARANTEE ANY RESULTS FROM USE OF THE WEBSITE AND/OR THE Nikki Gunz Personal Training SERVICE. Nikki Gunz Personal Training DOES NOT ENDORSE ANY SUPPLEMENTS OR NUTRITION PROGRAMS OR PRODUCTS OFFERED THROUGH THE WEBSITE AND/OR THE Nikki Gunz Personal Training SERVICE. ANY STATEMENTS, GUARANTEES, OR OTHER INFORMATION THAT MAY BE PROVIDED TO YOU BY PROFESSIONALS OR OTHER USERS OF THE WEBSITE AND/OR THE Nikki Gunz Personal Training SERVICE ARE SOLELY ATTRIBUTABLE TO THE PROFESSIONAL OR USER. Nikki Gunz Personal Training IS NOT LIABLE FOR ANY STATEMENTS OR GUARANTEES MADE BY PROFESSIONALS OR OTHER USERS.
  2. No Warranties; “As Is,” “As Available,” and “With All Faults” – TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Nikki Gunz Personal Training, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITE AND/OR THE Nikki Gunz Personal Training SERVICE IS AT YOUR SOLE RISK AND THAT ANY ADVICE THAT MAY BE POSTED ON THE WEBSITE AND/OR THE LIFT SERVICE IS FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND WILL NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. THE WEBSITE AND/OR THE Nikki Gunz Personal Training SERVICE, USER CONTENT AND ANY THIRD-PARTY MEDIA, CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE AND/OR THE Nikki Gunz Personal Training SERVICE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
  3. Operation and Content – Nikki Gunz Personal Training IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON OR IN CONNECTION WITH THE WEBSITE AND/OR THE Nikki Gunz Personal Training SERVICE, WHETHER CAUSED BY USERS, CLIENTS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE WEBSITE AND/OR THE Nikki Gunz Personal Training SERVICE. Nikki Gunz Personal Training ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER OR CLIENT COMMUNICATIONS. Nikki Gunz Personal Training IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS AND/OR MEMBERS OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE WEBSITE AND/OR THE Nikki Gunz Personal Training SERVICE.
  4. User and Member Conduct – Nikki Gunz Personal Training IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR MEMBER. UNDER NO CIRCUMSTANCES WILL Nikki Gunz Personal Training OR ANY OF ITS AFFILIATES, ADVERTISERS, PROMOTERS OR DISTRIBUTION PARTNERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE WEBSITE AND/OR THE Nikki Gunz Personal Training, ANY CONTENT POSTED ON THE WEBSITE AND/OR THE Nikki Gunz Personal Training SERVICE OR TRANSMITTED TO USERS OR MEMBERS, OR ANY INTERACTIONS BETWEEN USERS OR CLIENTS, WHETHER ONLINE OR OFFLINE. Nikki Gunz Personal Training IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANY EVENTS OR ACTIONS OCCURRING AT VENUES OR ANY INTERACTION BETWEEN A USER OR CLIENT AND ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION EMPLOYEES OF A VENUE OR OTHER PATRONS OF A VENUE.
  5. Links and Third Party Nikki Gunz Personal Training Services – The Website and/or the Nikki Gunz Personal Training Service may provide, or third parties may provide, links or functionality in the Website and/or the Nikki Gunz Personal Training  Service to other websites or third party resources (“Third Party Nikki Gunz Personal Training  Services”). Because Nikki Gunz Personal Training  has no control over Third Party Nikki Gunz Personal Training Services, you acknowledge and agree that Nikki Gunz Personal Training is not responsible for the availability of the Third Party Nikki Gunz Personal Training  Services, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from the Third Party Nikki Gunz Personal Training Services. You further acknowledge and agree that Nikki Gunz Personal Training shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through Third Party Nikki Gunz Personal Training Services. ACCESS AND USE OF THIRD PARTY SERVICES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SERVICES OR AVAILABLE THROUGH THIRD PARTY SERVICES, IS SOLELY AT YOUR OWN RISK. When you leave the Website, these Terms and Conditions no longer govern. You should review applicable terms and conditions and policies, including the privacy and data gathering practices, of any Third Party Nikki Gunz Personal Training Services.

Release of Liability for Injury or Death; Limitation on Liability; Damages

  1. Release of Liability for Injury or Death – YOUR PARTICIPATION IN REMOTE TRAINING SESSIONS OR OTHER PROGRAMS THROUGH THE WEBSITE AND/OR THE Nikki Gunz Personal Training SERVICE IS AT YOUR OWN RISK. Exercise programs of any kind represent an inherent danger to participants. Nikki Gunz Personal Training IS NOT LIABLE FOR ANY PERSONAL INJURY OR DEATH THAT RESULTS FROM USE OF THE WEBSITE AND/OR THE Nikki Gunz Personal Training SERVICE INCLUDING PARTICIPATION IN REMOTE TRAINING SESSIONS. YOU RELEASE Nikki Gunz Personal Training FROM ALL LIABILITY FOR INJURY OR DEATH THAT RESULTS FROM YOUR PARTICIPATION IN A REMOTE TRAINING SESSION OR USE OF THE WEBSITE AND/OR THE Nikki Gunz Personal Training SERVICE. Members should consult a physician before beginning use of the Nikki Gunz Personal Training Service or any exercise program or training session. Not all exercise programs or training sessions are appropriate for all Clients. PLEASE CHECK ALL EQUIPMENT AND THE AREA IN WHICH YOU ARE USING THE Nikki Gunz Personal Training SERVICE FOR ANY DANGEROUS CONDITIONS. IN CASES WHERE APPLICABLE LAW DOES NOT ALLOW THE ABOVE RELEASE OF LIABILITY, Nikki Gunz Personal Training’ LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAWS.
  2. Limitation of Liability – Except in jurisdictions where such provisions are restricted, in no event, and under no legal theory, including without limitation negligence, will Nikki Gunz Personal Training or its affiliates, contractors, employees, agents or third party partners or suppliers be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including without limitation lost profits, data or use or cost of cover, even if Nikki Gunz Personal Training has been advised of the possibility of such damages. In cases where applicable law does not allow the above limitation of liability, Nikki Gunz Personal Training’s liability will be limited to the extent permitted by applicable laws.
  3. Limitation of Damages – In no event shall Nikki Gunz Personal Training or its affiliates, contractors, employees, agents, or third party partners, licensors or suppliers’ total liability to you for any cause whatsoever (whether in contract, tort (including negligence), warranty, or otherwise), and regardless of the form of the action, exceed the greater of: (i) one hundred US dollars (US$ 100) or (ii) the amount paid by you to Nikki Gunz Personal Training for the Nikki Gunz Personal Training Service in the 12 months prior to the action giving rise to the liability.
  4. Indemnity by You – You agree to indemnify and hold Nikki Gunz Personal Training, its parent companies, subsidiaries, affiliates, officers, agents, licensors, and other partners and employees, harmless from any loss, liability, claim, damages, obligations, or demand, including attorney’s fees, made by any third party due to or arising out of (i) your use of the Website and/or the Nikki Gunz Personal Training Service, (ii) your violation or breach of this Agreement, (iii) your User Content, or (iv) any breach of your representations and warranties set forth above. Nikki Gunz Personal Training reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Nikki Gunz Personal Training.  Nikki Gunz Personal Training will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Miscellaneous

  1. Notice –. Nikki Gunz Personal Training may provide you with notices, by email, text message or postings on the Website. Notice will be deemed given 24 hours after the email is sent, unless Nikki Gunz Personal Training  is notified that the email address is invalid. Alternatively, we may give you notice through a mechanism made available through the Website, such as through the use of a pop-up on the Website.
  2. No Third Party Beneficiaries – You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
  3. Jurisdiction and Choice of Law – This Website and the Nikki Gunz Personal Training  Service are controlled and operated by us and this Agreement, this Website, the Nikki Gunz Personal Training Service and any use of the Website or the Nikki Gunz Personal Training  Service shall be governed by the laws of the United States applicable therein without reference to principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in the United States and irrevocably agree that all disputes shall be heard in such courts. You agree that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
  4. Waiver – A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Nikki Gunz Personal Training  to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
  5. Survival – Sections 4, 7(b), 8, 9, 11(c), 12, 14 and 16 will survive any termination of this Agreement. Subject to the foregoing, all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
  6. Entire Agreement – This is the entire agreement between you and Nikki Gunz Personal Training relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. The Agreement shall not be modified except in writing, signed by both parties, or by a change to the Agreement made by Nikki Gunz Personal Training  as set forth in Section 4 above.
  7. Severability – If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
  8. Assignment – The Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Nikki Gunz Personal Training without restriction. Any assignment attempted to be made in violation of this Agreement shall be void.
  9. Headings – The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and shall not be deemed to limit or affect any of the provisions hereof.
  10. Claims – YOU AND Nikki Gunz Personal Training AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE AND/OR THE Nikki Gunz Personal Training SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
  11. Disclosure – The Website and the Nikki Gunz Personal Training Service are offered by Nikki Gunz Personal Training. Please contact us by phone at 512-599-9767 or online via our contact page.