Welcome to Key Biscayne Fitness!
These terms and conditions outline the rules and regulations for the use of Key Biscayne Fitness Website, located at kbfitnessfl.com.
By accessing this website we assume you accept these terms and conditions. Do not continue to use Key Biscayne Fitness if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company's terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services, in accordance with and subject to, prevailing law of us. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Participant Agreement, Release of Liability, Waiver and Assumption or Risk form
Description of Potential Risk:
I understand that the reaction of the heart, lungs, and blood vessel system to exercise cannot always be predicted with accuracy. I know there is a risk of certain abnormal changes occurring during or following exercise which may include abnormalities of blood pressure or heart attacks. Use of the weightlifting equipment and engaging in heavy body calisthenics may lead to musculoskeletal strains, pain and injury if adequate warm up, gradual progression, and safety procedures are not followed. I understand that COMPANY shall not be liable for any damages arising from personal injuries sustained by MEMBER while and during personal training program. MEMBER using the exercising equipment during the training program does so at his/her own risk. MEMBER assumes full responsibility for any injuries or damages which may occur during the training.
I hereby fully and forever release and discharge COMPANY, it’s assigns and agents from all claims, demands, damages, rights of action, present and future therein.
I understand and warrant, release and agree that I am in good physical condition and that I have no disability, impairment or ailment preventing me from engaging in active or passive exercise that will be detrimental to heart, safety, or comfort, or physical condition, if I engage or participate.
I state that I have had a recent physical checkup and have my personal physician’s permission to engage in aerobic and/or anaerobic conditioning.
I/We hereby understand and acknowledge that the training, programs and events held by the COMPANY may expose me to many inherent risks, including accidents, injury, illness, or even death. I/We assume all risk of injuries associated with participation including, but not limited to, falls, contact with other participants or members, the effects of the weather, including high heat and/or humidity, and all other such risks being known and appreciated by me. I/We hereby acknowledge my responsibility in communicating any physical and psychological concerns that might conflict with participation in activity. I/We acknowledge that I am physically fit and mentally capable of performing the physical activity I choose to participate in and assume all risks, known or unknown, involved in performing physical activity. After having read this waiver and knowing these facts, and in consideration of acceptance of my participation and the COMPANY furnishing services to me, I agree, for myself and anyone entitled to act on my behalf, to HOLD HARMLESS, WAIVE AND RELEASE the COMPANY, its officers, agents, employees, organizers, representatives, and successors from any responsibility, liabilities, demands, or claims of any kind arising out of my participation in the COMPANY training, programs and/or events. By my signature I/We indicate that I/We have read and understand this Waiver of Liability. I am aware that this is a waiver and a release of liability and I voluntarily agree to its terms.
I hereby consent to and authorize the use and reproduction by COMPANY of any and all photography and/or videography that has been taken of me by the COMPANY at its business or outside events, without compensation to me. All digital image and/or video files are wholly owned by the COMPANY, who reserves the right to use these images and/or video for publication, including online publication on the COMPANY’s social media platforms. I hereby irrevocably authorize the COMPANY to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose.
The COMPANY’s employees, from time to time, may use their hands to assist me with proper technique or form for a particular exercise or stretch and I hereby consent and authorize the COMPANY to assist in the correction of my form and to appropriately touch me. I agree to immediately inform the COMPANY or its employees of any discomfort from any such touch.
COOKIES
We employ the use of cookies. By accessing Key Biscayne Fitness, you agreed to use cookies in agreement with the Key Biscayne Fitness LLC's Privacy Policy.
Most interactive websites use cookies to let us retrieve the user's details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.
LICENSE
Unless otherwise stated, Key Biscayne Fitness LLC and/or its licensors own the intellectual property rights for all material on Key Biscayne Fitness. All intellectual property rights are reserved. You may access this from Key Biscayne Fitness for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- Republish material from Key Biscayne Fitness
- Sell, rent or sub-license material from Key Biscayne Fitness
- Reproduce, duplicate or copy material from Key Biscayne Fitness
- Redistribute content from Key Biscayne Fitness
This Agreement shall begin on the date hereof. Our Terms and Conditions were created with the help of the Free Terms and Conditions Generator.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Key Biscayne Fitness LLC does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Key Biscayne Fitness LLC, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Key Biscayne Fitness LLC shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Key Biscayne Fitness LLC reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Key Biscayne Fitness LLC a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
HYPERLINKING TO OUR CONTENT
The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- dot.com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and educational institutions and trade associations
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Key Biscayne Fitness LLC; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Key Biscayne Fitness LLC. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.
No use of Key Biscayne Fitness LLC's logo or other artwork will be allowed for linking absent a trademark license agreement.
IFRAMES
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
CONTENT LIABILITY
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
RESERVATION OF RIGHTS
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it's linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
REMOVAL OF LINKS FROM OUR WEBSITE
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
DISCLAIMER
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.