Your use of this internet website (“Website”) with the Florida Institute of Performance (“FIP”) confirms your acceptance of the following terms and conditions, which may be revised at any time by FIP in its sole and absolute discretion. If you do not agree to and accept such terms and conditions, you are prohibited from using the Website. The Florida Institute of Performance is registered with the State of Florida as a Health Studio Registration # HS10914 and is located at 10358 Riverside Dr. Suite 120, Palm Beach Gardens Florida 33410.
- USE OF THE FIP WEBSITE
You may not download material displayed on the Website for non-commercial or personal use. You may not distribute, modify, transmit, reuse, re-post, or use the content of the Website for public or commercial purposes, including the text, images, audio and video without FIP's expressed written consent. You may not alter or interfere with the content or function of this Website or download any material from this Website for use at any other Website, including Internet auction Websites. All materials on this Website are owned by FIP (and copyrighted?) and misuse thereof may constitute violation of copyright, trademark and other laws. FIP reserves all rights to all materials listed on this Website.
You will be in Default if you breach any of this Contract’s terms and conditions or if you fail to pay any amount due under this Website. If you are in Default, you will forfeit any rights to the FIP training sessions and materials and we will advise each Client of such forfeiture. Acceptance of any payment after Default or forfeiture of the Florida Institute of Performance sessions will not release Buyer from any obligations under this contract. We may get a court judgment against you for the amount you still owe, if any amount is owed, and you agree to pay any court costs and reasonable attorney’s fees incurred in collecting amounts owed under this Contract, as determined by a court. Any judgment will bear interest at the highest rate allowed by law.
If you register and/or set up an account on the Website, you will be solely responsible for maintaining the confidentiality of your Registration Information.
- NO WARRANTIES; LIMITATION OF LIABILITY
FIP makes no representations or warranties that the content of this Website is accurate or that its operation will be error free or uninterrupted. You use the Website at your own risk. THIS WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FIP shall not be liable for any damages to, or viruses that may infect, your computer equipment, software, data or other property on account of your access to, use of, or browsing in the Website or your downloading of any materials, data, text, images, video or audio from the Website or any linked Websites. In no event shall FIP or any other party involved in creating, producing, maintaining or delivering the Website, or any of their affiliates, or the officers, directors, employees, shareholders, or agents of any of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, whether or not advised of the possibility of such damages, or damages from any theory of liability whatsoever, arising out of or in connection with the use of, or your browsing in, or your links to other sites from this Website.
- INTELLECTUAL PROPERTY
Unless otherwise noted, products, patents, product names, designs, logos, titles, text, images, audio and video within this Website are owned by FIP or its licensors. All other unregistered and registered trademarks are the property of their respective owners. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any FIP Intellectual Property displayed on the Website without the written permission of FIP.
- DISHONORED CHECK CHARGES
Where permitted by law, Buyer agrees to pay a $25.00 fee or other permitted maximum amount for a (any) dishonored or returned check or other item.
- EXCLUSIVE AGREEMENT
These Terms and Conditions and all rules and regulations of the Florida Institute of Performance, as revised from time to time, constitute the entire and exclusive agreement between the parties, and supersede all prior promises, representations, understandings and/or agreements relating to this Website or any purchases you make from FIP. This Contract may be modified only by an instrument in writing; however, we or and assignee of this Contract are authorized to correct patent errors in this Contract (and in other related documents) and Buyer may verbally authorize payment of the outstanding balance of the training fee. At our option, this Contract shall be null and void if it is not completed by our employee in accordance with our then current pricing and payment programs or if we determine at any time that you misrepresented your qualification for a price or program at the time of purchase. No change to any printed term in this Contract shall be valid.
- GOVERNING LAW
This Contract is governed by the laws of the state of Florida, and by federal law.
These Terms and Conditions are severable and if any provision is determined to be illegal or unenforceable the remaining provisions and any partially enforceable provision shall nevertheless be enforceable unless otherwise prohibited by state law. Our failure to enforce any remedy or provision of this Contract shall not be construed as a waiver of such remedy or provision.
- INDEPENDENT CONTRACTORS
From time to time we may make available to Clients the services of independent contractors. We do not warrant or guarantee the quality of these services and do not guarantee that these services will remain available to Clients for any period of time.
- WAIVERS AND RELEASE
You hereby acknowledge and agree that the use by you or any of your family members of any materials included in this Website may involve risks of injury to persons and property, including those described below, and you assume full responsibility for such risks. In consideration of your use of this Website for any purpose including, but not limited to, observation, use of training materials, services or equipment, or participation in any way, you hereby release, indemnify and hold FIP, its directors, officers, employees, members, managers and agents (collectively, the “FIP Parties”) harmless from all liability to you, your children, family members and your personal representatives, successors, assigns, heirs, and next of kin for any loss or damage, and forever gives up any claim or demands therefore, on account of injury to person or property, including injury leading to death, whether caused by the active or passive negligence of FIP or otherwise, to the fullest extent permitted by law. You also hereby agree to indemnify and hold the FIP Parties harmless from any and all loss, liability, damage or cost any of the FIP Parties may incur due to the use of the Website by you or your family members whether caused by the negligence of you or otherwise. You represent (a) that you and your minor children are in good physical condition and have no disability, illness, or other condition that could prevent you from exercising without injury or impairment of health, and (b) that you have consulted a physician concerning an exercise program that will not risk injury to you or impairment of your health. Such risk of injury includes (but is not limited to): injuries arising from use by you or others of exercise equipment and machines; injuries arising from participation by you or others in supervised or unsupervised activities or programs; injuries and medical disorders arising from exercising such as heart attacks, strokes, heat stress, sprains, broken bones, and torn muscles and ligaments, among others; and accidental injuries. You further expressly agree that the foregoing release, waiver and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of Florida and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full force and effect. You acknowledge that you have read this release and waiver of liability and indemnity clause, and agree that no oral representations, statements or inducement apart from this Agreement have been made.
- MEDIA RELEASE
In additional consideration of being permitted by FIP to participate in its training program and to use this Website, I hereby permit FIP to use my name, image and likeness for promotional purposes limited to its athletic training programs and this Website. FIP’s promotional mediums include but are not limited to print, radio, video, television, and the Internet. I acknowledge that I have read this release and waiver and fully understood its contents. I have been fully and completely advised of the potential dangers incidental to engaging in the activity and instruction of athlete training and I am fully aware of the legal consequences of signing this release. I voluntarily agree to the terms and conditions stated above.