Training Waiver
1. MyTrainer.com website user Waiver of Claims. In consideration of MyTrainer Networks, LLC (Company) acceptance of my application and use of the Company's website including, but not limited to use of information from videos, trainers and programs of any kind, I do hereby, for myself, my heirs, my executors, and administrators and anyone claiming by or through any of them, waive, release, and forever discharge the Company, and any of their affiliated companies, respective owners, officials, officers, directors, employees, agents, guests and invitees ("the Releasees") for and from any and all claims, causes, action, losses, liabilities, damages, costs, relating to or rising out of injury to me or my property, tangible or intangible, even injury relating in death, which I might otherwise have against the Releasees arising out of or relating to my presence at or participation in any activities seen on MyTrainer.com, including but no limited to, any claims or rights which may be associated with or attributed to ay negligent act(s), omission(s) or fault of any of the Releasees ("the Waived Risks"). I am aware of no health or physical related condition that would be harmed by my use of MyTrainer.com, its videos, trainers and programs.
I understand that certain activities related to the maintenance of personal fitness are not without risk and that certain activities may cause injury to me. I hereby acknowledge and voluntarily assume these risks, including the Waived Risks. I further understand and agree that any activity I engage in viewed on the Company's website (including my presences) is done voluntarily, on my own time, and of my own free will.
Before participating in pre or post-natal aerobics, or any kind of aerobics, or any use of the information on MyTrainer.com, I have been advised by MyTrainer.com to consult my physician and he/she has to objections to my use of the information as described above.
If I am an employee of Company, I hereby concede that such activity is not to be construed as being within the course and scope of my employment with any of the Releasees. I understand and agree that mere use of the Company's website for athletics or exercise is not considered a basis for claiming an employment-connected injury. I hereby acknowledge that workers' compensation benefits shall not be rewarded for any injury resulting from my voluntary entry and use of the website and the information learned from the website.
2. Obligations of Member. Each Member agrees to abide by the terms and conditions set forth in this Agreement and by the Rules, Regulations, and Conditions of Membership ("Rules"). MyTrainer Networks, LLC reserves the right to alter the Rules without notice and to suspend or terminate the membership if any member that does not abide by the Rules. Company further reserves the right to suspend or terminate the Membership of any person at anytime and for any reason.
3. Disputes. In the event of litigation the prevailing party shall recover attorney fees, costs and expenses in addition to damages otherwise allowed and costs taxable at law. In the event the Company engages an attorney to collect any money past due and owing by Member, whether or not collection actions result in litigation, the Company shall recover its attorney fees, costs and expenses.
4. Entire Agreement. This Agreement and such further instruments as are required by or referred to herein merge all previous negotiations between the parties and constitute the entire agreement and understanding between the parties with respect to the subjects.
5. Applicable Law. This Agreement shall be interpreted governed and construed in accordance with the laws of the State of Texas.
6. Member agrees to allow Company to use name, photograph, video, quotes, etc. collected on MyTrainer.com or affiliate sites in future marketing material.
7. Member agrees to allow Company to use data collected on the site for research and marketing purposes.