Last Revised 11 Aug 2023
RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT
MAW Barbell Club (the “MAW BBC”, collectively “we”, “our”, “us”) Terms of Service apply to your access to and use of this website, emails, and other online products and services/offers provided by the MAW BBC (“Services”, “other MAW BBC Services”). By creating an account (“Your Account”), you agree to this Terms of Service and Privacy Policy (the “Terms”). If you do not agree to those Terms, please do not use this platform or any services offered by the MAW BBC.
ACTIVITY AND ASSUMPTION OF RISKS
I, the undersigned, have chosen to participate in a MAW Barbell Club Strength/Fitness Training Program and/or Nutrition Program (“the program”, “training programs”), which is provided by MAW Barbell Club (“MAW BBC”), and I understand and acknowledge that:
(a) I am participating in training programs and other MAW BBC Services voluntarily under my own free will;
(b) I accept and take responsibility for any and all damages, liabilities, losses, expenses, illness, injury, emotional trauma, or death that I may incur as a result of participating in the training programs and other MAW BBC Services;
(c) I agree to follow the instructions provided by MAW BBC regarding the performance and execution of the training program and other MAW BBC Services;
(d) I agree that the training program provided is for my personal use and shall not be shared with anyone;
(e) Training programs are a physical activity, and I may be exposed to dangers and inherent risks (that cannot be eliminated regardless of the care taken to avoid/reduce injuries) including but not limited to overexertion, minor, serious, and catastrophic injuries;
(f) I understand and assume the risks of minor injuries, although common, include but are not limited to scrapes, cuts, bruises, sprains and strains;
(g) I understand and assume the risk of more serious injuries, although less common, include but are not limited to joint, muscle and bone injuries, concussions and other head injuries;
(h) I understand and assume the risk of catastrophic injuries, although rare, include but are not limited to conditions such as heart attacks and other injuries or conditions which could be fatal;
(i) I am in good health and physically fit to participate into a training program which involves the use of weights, dumbbells, barbells and other strength training equipment;
(j) It is my responsibility to consult with my physician prior to participating in training programs and other MAW BBC Services;
(k) Activities in the training program may be strenuous and I understand the nature of the demands of the training program and other MAW BBC Services relative to my condition.
RELEASE OF LIABILITY
I do hereby release, discharge, and hold MAW Barbell Club and its officers, affiliated companies, subsidiaries, owners, contractors, members, employees, associates, insurance carriers, guides and agents (“Released Parties”) from and against all liability, actions, claims, and demands for any damages resulting from my participation in the training program and MAW BBC Services, whether caused by negligence or otherwise.
I agree further that this Release of Liability and the obligations herein shall be legally binding upon me personally, my heirs, successors, assigns and legal representatives. It is my true and complete intention to fully assume all the risks associated with the training program and MAW BBC Services and to release the Released Parties from any and all liabilities to the maximum extent permitted by law. I also agree not to sue or make a claim against the Released Parties for injuries, loss or harm that occur during the training program and MAW BBC Services or are related in any way to the training program. By voluntary participation, I am not relying on any oral or written representation or statements made by MAW Barbell Club or any other Released Party, other than what is set forth herein.
MAW BBC does not guarantee, represent or warrant that your use of any of MAW BBC Services will be uninterrupted, timely, secure or error-free.
MAW BBC does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
USE OF MY LIKENESS
I understand that during the training program and other MAW BBC Services I may be asked to submit photos or videos of myself performing prescribed exercises. To the fullest extent allowed by law, I waive all rights of publicity or privacy or pre-approval that I have for any such likeness of me or use of my name in connection with such likeness, and I grant to MAW BBC and its assigns permission to copyright, use, and publish (including by electronic means) such likeness of me, whether in whole of in part, in any form, without restrictions, and for any purpose. In the event that I DO NOT wish for my likeness to be used by MAW BBC for any purpose, I will opt-out by providing clear written notice at the beginning of the training program or other MAW BBC Services to the following email address: inbox@mawbarbellclub.com.
THIRD-PARTY CONTENT & SOCIAL MEDIA SITES
MAW BBC Services may contain content from third-party websites that may be posted by our advertisers, partners, or affiliates (“Third-Party Content”). We are not responsible for Third-Party Content, including their websites, products, and services. Your utilization of Third-Party Content in any way is your responsibility.
Advertisements from Third-Party Content may be present within the MAW BBCwebsite and MAW BBC Services.
INDEMNIFICATION
I promise to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties against any and all LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS that arise from my acts or my failure to act (including my own negligence) during or relating to the my participation in the training program and other MAW BBC Services. In accordance with this promise, I will reimburse the Released Parties for any damages, reasonable settlements and defense costs, including attorney’s fees that the Released Parties may incur because of any such claims made against them. I agree that in the event of my death or disability, the terms of this agreement, including the indemnification obligation in this Section, will be binding on my estate, and my personal representative, executor, administrator or guardian will be obligated to respect and enforce them.
WAIVER OF LIABILITY FOR ORDINARY NEGLIGENCE
In consideration of being permitted to participate in the training program and other MAW BBC Services, the receipt and sufficiency of which are hereby acknowledged, I (on behalf of the Releasing Parties) hereby forever waive, release, covenant not to sue, and discharge MAW Barbell Club and the other Released Parties from any and all claims resulting from the inherent risks of the training program and other MAW BBC Services or the ordinary negligence of MAW Barbell Club (or other Released Parties) that I may have arising out of my participation in the training program and other MAW BBC Services.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
To cancel your membership with us, you must submit a written notice via email at inbox@mawbarbellclub.com stating your wish to terminate Services before your next billing date.
ONE-TIME PAYMENTS
There will be no refunds for Services that are one-time payments.
If you purchased a set duration of time for Services including but not limited to 3-month plans, 6-month plans, and 12-month plans, they are considered one-time payments; you will continue to have access to them during that time and will not be charged again once the terms have finished.
Other one-time payments include but are not limited to pre-made workout training programs, challenges, and other Services.
CHANGES TO THE TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
MISCELLANEOUS
These Terms are an agreement between you and MAW BBC regarding your access and use to our Services.
If you have any questions about these Terms, please contact us.
Email Address:
inbox@mawbarbellclub.com
I HAVE CAREFULLY READ FULLY INFORMED MYSELF OF THE CONTENTS OF THIS AGREEMENT. I UNDERSTAND THAT THIS IS ENFORCEABLE AGREEMENT AND SIGN IT OF MY OWN FREE WILL.
BY DOWNLOADING OR ACCESSING ONLINE ANY MAW BARBELL CLUB TRAINING AND NUTRITION PROGRAM, I AGREE TO THE ABOVE TERMS.
MAW BARBELL CLUB 