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Terms

The legal stuff...

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

 

Intellectual Property Rights

All copyrights, trademarks, patents and other intellectual property rights in and on our website and all content and software located on the site shall remain the sole property of or its licensors. The use of our trademarks, content and intellectual property is forbidden without the express written consent form.

You must not:

• Republish material from our website without prior written consent.

• Sell or rent material from our website.

• Reproduce, duplicate, create derivative, copy or otherwise exploit material on our website for any purpose.

• Redistribute any content from our website, including onto another website.

 

Acceptable Use

You agree to use our website only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of the website. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content or disrupting the normal flow of dialogue within our website.

You must not use our website to send unsolicited commercial communications. You must not use the content on our website for any marketing related purpose without our express written consent.

 

Restricted Access

We may in the future need to restrict access to parts (or all) of our website and reserve full rights to do so. If, at any point, we provide you with a username and password for you to access restricted areas of our website, you must ensure that both your username and password are kept confidential.

 

Revisions

We may change these terms from time to time and so you should check these terms regularly. Your continued use of our website will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using our website immediately.

If any of these terms are determined to be illegal, invalid or otherwise unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.

 

 

Privacy Policy

Policies for collection and use of personal information on the soulfulsavagewellness.com website: 

We use your email address only for the purpose stated: to send you news or updates. We do not rent, sell, lease or share personal information provided by site visitors with third parties, or with anyone outside of Napping Bunny. We take steps to maintain the security of your personal information and to prevent unnecessary or unauthorized access to it. We never post e-mail addresses or other identifying information about site visitors on our website. Sites which are linked to our site may have different policies; please review the privacy policy notices on those sites for details.

 

Limitation of Liability

The materials at this site are provided “as is” without any express or implied warranty of any kind including warranties of merchantability, noninfringement of intellectual property, or fitness for any particular purpose.  In no event shall or its agents or officers be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information, injury or death) arising out of the use of or inability to use the materials, even if has been advised of the possibility of such loss or damages.

 

Activity Release of Liability

1. Agreement to Follow Directions. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Soulful Savage Wellness & Healing LLC, or the employees, representatives or agents of Soulful Savage Wellness & Healing LLC. 

  

2. Assumption of the Risks and Release. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Soulful Savage Wellness & Healing LLC for injury, loss or damage arising out of my or my family's use of or presence upon the facilities of Soulful Savage Wellness & Healing LLC, whether caused by the fault of myself, my family, Soulful Savage Wellness & Healing LLC or other third parties. 

  

3. Indemnification. I agree to indemnify and defend Soulful Savage Wellness & Healing LLC against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of Soulful Savage Wellness & Healing LLC. 

  

4. Fees. I agree to pay for all damages to the facilities of Soulful Savage Wellness & Healing LLC caused by any negligent, reckless, or willful actions by me or my family. 

  

5. Applicable Law. Any legal or equitable claim that may arise from participation in the above shall be resolved under Nevada law. 

  

6. No Duress. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Soulful Savage Wellness & Healing LLC has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement. 

  

7. Arm’s Length Agreement. This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity. 

  

8. Enforceability. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement. 

  

9. Dispute Resolution. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure. 

  

Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.

The parties hereby agree to the following terms and conditions:
1. GENERAL TERMS
Client acknowledges that s/he agrees to the services of a personal trainer provided by Soulful Savage Wellness & Healing LLC. Trainer will design a tailored exercise program for the Client that reflects the clients objectives,
fitness level, and experience. A different trainer may be assigned to the Client at any time upon the sole discretion of Soulful Savage Wellness & Healing LLC. Training programs shall have various Training Sessions.
2. ATTACHMENT
Client has read and executed the Full Disclosure of Physical Conditions/Informed Consent and Assumption of Risk, and Release of Liability form, which is attached hereto and incorporated into this agreement as if fully set forth herein.
3. TRAINING PACKAGES AND PAYMENTS
Training Packages includes various exercise programs involving various activities. Activities shall mean the following: testing, including but not limited to testing of the cardiovascular system, heart rate, muscle strength, endurance, and flexibility; training; exercise; aerobics and aerobic conditioning and training; weight training; circuit training; cardiovascular exercise and training; use of machinery, training equipment, free weights, circuit machinery, and cardiovascular machines; stretching; weight lifting; and any other training activities, techniques, and/or exercises.
The Training Package chosen by the client shall consist of 4 training sessions. The Client agrees to pay the Trainer the agreed price for the Training Session.

If the Client purchases one Training Session at a time, payment per Training Session is due in full prior to the commencement of each Training Session. Any Training Session not used within 30 days of the Effective Date for any Training Package shall be forfeited. The Client shall not be entitled to a refund of the cost for any Training Session not used within 30 days. The amounts payable per Training Session may be adjusted at the sole discretion of the Trainer, at any time. The Client waives notice of any such adjustments to the amounts payable per Training
Session. The Client will be charged for a cancelled appointment unless the Client notifies Sonja Graff or Soulful Savage Wellness & Healing LLC of such cancellation at least 24 hours prior to the scheduled time. If the Client is more than 15 minutes late for an appointment, the lost time will be forfeited and charged for that Training Session as if the Client had been present. Should the Client purchase additional Training Sessions both the Client and the Trainer agree that this Agreement shall remain in full force and effect, and continue to govern the rights and liabilities
of the Parties, except as to the amount payable per such additional Training Session, if different from the amount stated above, or unless the Parties execute a new Agreement.
4. WAIVER AND INDEMNITY
The Client agrees to indemnify the staff and/or the fitness trainer for any injuries, illnesses, or expenses from the Clients participation, especially if the Client has neglected to disclose a known medical condition or similar information that might affect the Clients ability to participate in the Fitness Program.
5. TERMINATION OF AGREEMENT
The Parties shall have the right to terminate this Agreement upon thirty (30) days advance written notice of termination to the other party.
6. EFFECT OF TERMINATION
In the event the Client terminates this Agreement, the Trainer shall retain all payments made for all unused Training Sessions or packages. In the event the Trainer terminates this Agreement, the Trainer shall refund to the Client all payments made for unused portions of Training Sessions or packages.
7. ENTIRE AGREEMENT
This Agreement (including the Full Disclosure of Physical Conditions/Informed Consent and Assumption of the Risk and Release of Liability) constitutes the entire agreement of the Parties, and supersedes any and all previous understanding, agreements, arrangements, or discussions, written or oral, between the Parties relating hereto. There are no collateral agreements, representations, or guarantees, oral or otherwise unless attached hereto and signed by both Parties.
8. WARRANTIES
There are no warranties either express or implied in this Agreement that are not expressly contained in this Agreement.
9. APPLICABLE LAW
This Agreement shall be governed by the laws of the State of Nevada.

Full Disclosure of Physical Conditions / Informed Consent and Assumption of Risk and Release of Liability
This Full Disclosure of Physical Conditions/Informed Consent and Assumption of Risk, and Release of Liability is a material part of, and is incorporated by reference into the Personal Training Agreement executed by the Client.

1. The Client certifies that he or she is physically sound and suffering from no condition, impairment, disease, infirmity, or illness that would prevent the Clients participation in the Clients Activities under this Agreement, except as hereinafter stated.

 4. The Client expressly assumes all responsibility for the Clients participation in the Activities
under this Agreement.

 

5. THE CLIENT CERTIFIES THAT THE CLIENT HAS GIVEN FULL AND COMPLETE DISCLOSURE OF ALL PHYSICAL CONDITIONS, IMPAIRMENTS, DISEASES, INFIRMITIES OR ILLNESSES THAT MIGHT AFFECT OR PREVENT THE CLIENTS PARTICIPATION IN THE ACTIVITIES UNDER THIS AGREEMENT. THE CLIENT REPRESENTS THAT HE HAS NO CONGENITAL, PHYSICAL, OR MENTAL HEALTH PROBLEMS, NO UNDERLYING CARDIOVASCULAR, NEUROLOGICAL, OR ANY ILLNESS, OR CONDITION WHICH MIGHT AFFECT OR PREVENT THE CLIENTS PARTICIPATION IN THE ACTIVITIES UNDER THIS AGREEMENT.
 

Informed Consent and Assumption of the Risk
1. The Client enters into this Agreement with full knowledge of all the risks and benefits associated with the Activities under this Agreement. The Client certifies that the client is of a legal age to enter into a Agreement, and is not mentally incapacitated. The Client certifies that he enters into this Agreement without duress, undue influence, and for valuable consideration.
2. The Client certifies he or she understands the risks associated with participation in the Activities under this Agreement including, but not limited to physical injury resulting from the acts, omissions, and/or negligence of others. The Client certifies that the Client knows and fully understands the importance and relevance of all the risks, and expressly and voluntarily assumes any and all risks associated with the Clients participation in the Activities under this Agreement, including but not limited to the activities of training; exercise; aerobics and aerobic conditioning and training; weight training; circuit training; cardiovascular exercise and training; use of machinery, training equipment, free weights, circuit machinery and cardiovascular machines; stretching; weight lifting; testing, including but not limited to testing of the cardiovascular system, heart rate, muscle strength, endurance, and flexibility; and any other training activities, techniques, and/or exercises. Further, the Client expressly and voluntarily assumes any and all risk associated with the Clients participation in the Activities under this Agreement, including but not limited to the risks of dizziness; strains and/or sprains; fractures of any kind; syncope (fainting); arrhythmia (alteration in heart rhythm); dyspnea (shortness of breath); angina pectoris (chest pain); tachycardia (rapid resting heart rate over 100 beats per minute); myocardial infarction (heart attack); cerebrovascular accident (stroke); dysrhythmia (abnormal rhythm of brain waves or heart rhythm), and/or any other physical injury, due to any cause whatsoever.
 

Release of Liability
1. Client certifies that the Client voluntarily agrees to participate in the Activities under this Agreement, including but not limited to the activities of training; exercise; aerobics and aerobic conditioning and training; weight training; circuit training; cardiovascular exercise and training; use of machinery, training equipment, free weights, circuit machinery and cardiovascular machines; stretching; weight lifting; testing, including but not limited to testing of the cardiovascular system, heart rate, muscle strength, endurance, and flexibility; and any other training activities, techniques, and/or exercise. The Client further agrees to follow all rules set forth by Soulful Savage Wellness & Healing LLC and its Trainers.

 

2. In consideration of the privilege of participating in the Activities under this Agreement, and the training services provided by Soulful Savage Wellness & Healing LLC and its Trainers, the Client for himself, his heirs, assigns, administrators, executors, and/or all members of his family, including minors, waives, releases, holds harmless and forever discharges Soulful Savage Wellness & Healing LLC its successors in interest, assigns, servants, agents, employees, independent Agreementors, associates, officers, directors, officials and any other participants in the Activities under this Agreement, from any and all responsibility, liability, claims and demands of any kind and nature, damages, actions, causes of action of any kind, whether now known or unknown, or which the Client may have now, or which may hereafter accrue to the Client (collectively, the Claims), including but not limited to Claims based upon or related to dizziness; strains and/or sprains; fractures of any kind; syncope (fainting); arrhythmia (alteration in heart rhythm); dyspnea (shortness of breath); angina pectoris (chest pain); tachycardia (rapid resting heart rate over 100 beats per minute); myocardial infarction (heart attack); cerebrovascular accident (stroke); dysrhythmia (abnormal rhythm of brain waves or heart rhythm); and/or ant other physical injury, due to any cause whatsoever, including the act or omission, negligence or any other fault of Soulful Savage Wellness & Healing LLC, its successors in interest, assigns, servants, agents, employees, independent Agreementors, associates, officers, directors, officials and any other participants in the Activities under this Agreement.