PARTICIPANT RELEASE AND KNOWLEDGE OF AGREEMENT
1) I wish to participate in the exercise and training program offered by Ryan Shanahan . I understand there are inherent risks in participating in a program of strenuous exercise. Consequently, I have been examined by a physician of my choice and have obtained his/her approval for my participation in a fitness program within sixty (60) days of the date set forth below. No change has occurred in my physical condition since the date such approval was given which might affect my ability to participate in the fitness program. If a physician has not examined me, I agree to see a physician within sixty (60) days of the date set forth below to obtain his/her approval for my participation in a fitness program. I agree that Ryan Shanahan shall not be liable or responsible for any injuries to me resulting from my participation in the fitness
program (whether at home, at the training studio, outdoors, or at a corporate, commercial, residential or other fitness facility) and I expressly release and discharge Ryan Shanahan and employees, agents and/or assigns, from all claims, actions, judgments and the
like which I or my heirs, executors, administrators or assigns may have or claim to have as a result of any injury or other damage which may occur in connection with my participation in the fitness program, excepting only an injury caused by the gross negligence or intentional act of such person or persons. This Release shall be binding upon my heirs, executors, administrators and assigns.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR FEE-BASED PRODUCTS AND OFFERINGS CAREFULLY.
1. Scope of Agreement
Unless we indicate otherwise, this Agreement applies to your use of the Fee-Based Products which are owned or operated by Fitness Video Ventures, LLC (“we,” “us,” or “our”) and our affiliates (collectively, “Radius”). For purposes of this Agreement, “affiliates” shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with, Radius, including, its subsidiaries and affiliates.
2. Your Use of Our Fee-Based Products
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display the Fee-Based Products that you subscribed to, for your personal, noncommercial use, provided that you comply fully with the provisions of this Agreement. You agree not to assign, transfer or sublicense your rights as a registered user of, or subscriber to, our Fee-Based Products. You understand that only you may use your user account and password, and that your subscription to our Fee-Based Products is only valid for your personal, noncommercial use and may not be shared with others. You agree to be financially responsible for all usage or activity of Fee-Based Products subscribed to by you. To subscribe to our Fee-Based Products, you represent that you are a United States citizen or resident with a valid United States mailing address.
By using our Fee-Based Products, you agree to be legally bound and to abide by this Agreement, just as if you had signed this Agreement. If you do not comply with this Agreement at any time, we reserve the right to cancel or terminate your password, user account, and/or access to our Fee-Based Products. In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of our Fee-Based Products, including, but not limited to, (i) restricting the time a Fee-Based Product is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user’s right to use any of our Fee-Based Products. You agree that any termination or cancellation of your access to, or use of, our Fee-Based Products may be effected without prior notice. If you do not abide by the terms of this Agreement, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files, our website (or part thereof) and/or our Fee-Based Products. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Fee-Based Products, except for a refund of any fees or charges prepaid by you with respect to our Fee-Based Products in accordance with paragraph 4 of this Agreement. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us pursuant to this provision or this Agreement, or any policies or practices by us in providing our Fee-Based Products, including without limitation any change in content or any change in the amount or type of fees or charges associated with the Fee-Based Products, is to cancel or terminate your subscription or registered user account, as applicable. From time to time, we may supplement this Agreement with additional terms and conditions pertaining to specific content, activities or events (“Additional Terms”). Such Additional Terms may be placed on the Fee-Based Products to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into this Agreement.
3. Charges and Fees for Fee-Based Products
Certain portions, components, content and features of this website are only available to individuals who purchase a subscription to one of our Fee-Based Products. As a subscriber to one of our Fee-Based Products, you agree as follows:
A. You agree to pay, using a valid credit card (or other form of payment which we may accept from time to time), the fixed and periodic charges and fees (including prepayment plan fees for multiple periods) (such as the recurring monthly fee), applicable taxes, and other charges and fees incurred in order to access our Fee-Based Products. We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on this platform or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail). We will automatically charge your credit card or other account at the start of the standard or multiple-period prepayment plan billing period and at the start of each renewal period, unless you terminate or cancel your subscription before the relevant renewal period begins. Except in the case of a multiple-period prepayment plan or if you were eligible for a discounted rate but are no longer eligible for that rate, the renewal charge will be the same as the prior period’s charge, unless we notify you in advance at the time of sign up or prior to the beginning of the renewal period as described above. Each time you use our Fee-Based Products you reaffirm your agreement that we may charge your credit card (or other form of payment, if applicable). In the event we cannot charge your account, we reserve the right to terminate your access to our Fee-Based Products. If you purchased a multiple-period prepayment plan, your subscription will automatically be renewed at the same subscription rate and for the same subscription period. If you were eligible for a discounted rate but are no longer eligible for that rate, your subscription will automatically be renewed at our standard subscription rates and for our standard period (usually monthly) at the start of the renewal period.
B. In addition to the fees and charges set forth above, you are responsible for all charges and fees associated with connecting to our Fee-Based Products, including without limitation all telephone access lines (including long-distance charges, when applicable), content distributor fees, internet service provider fees, mobile fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access our Fee-Based Products.
C. For purposes of your use of our Fee-Based Products including identification and billing, you agree to provide the trusted third parties that we have retained to perform billing- and subscription-related functions with true, accurate and complete information as required by the subscription or sign up process to our Fee-Based Products (“Subscription Data”), including your legal name, address, telephone number, email address and applicable billing information (e.g., credit card number and expiration date), for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account. You agree to maintain and promptly update the Subscription Data and any other information you provide to us to keep it accurate. Without limiting any other provision of this Agreement, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account or subscription and refuse any and all current or future use by you of any of our Fee-Based Products. You are obligated to check the “Account Settings” feature of our website to determine whether your Subscription Data is current and accurate, and, if not, to correct or update your Subscription Data including your billing information. You agree not to register or subscribe for more than one account, create an account on behalf of someone else, or create a false or misleading identity on any of the Fee-Based Products.
If your registration or subscription is revoked for any reason, you agree not to register or subscribe again with our Fee-Based Products using another user name or through any other means. If we have reason to suspect, in our sole discretion, that your account has previously been terminated, we reserve the right to terminate any new accounts you have registered without any notice to you, or to exercise any other remedies available to us under this Agreement or by law.
D. You are entirely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password or credit card information. In the event of a breach of security by you, you will remain liable for any unauthorized use of your subscription until you update your Subscription Data. If your credit card expires, is canceled, is lost or is subject to use without your authorization, access the Account Settings feature of this website to update your Subscription Data. You are entirely responsible for any and all activities which occur under your user account.
E. Except for multiple-period prepayment plans (other than prepayment plans purchased via Radius mobile applications), your failure to satisfy limitations we set based on age, geographic, health or other similar criteria, or if we terminate your subscription to one of our Fee-Based Products prior to the end of the applicable period, you agree that all fees and charges assessed by us are nonrefundable. Nonrefundable fees include the full monthly fee for any month (or portion thereof) elapsed (regardless of whether you logged onto or used the Fee-Based Product during that month). If you subscribe to a prepayment plan for multiple periods (e.g., a 6-month prepayment plan) and you decide to cancel during such prepayment period, we will refund any unused portion of such period on a pro rata basis. If your cancellation of your subscription to one of our Fee-Based Products is due to your failure to satisfy limitations we set based on age, geographic, health or other similar criteria prior to the end of a period for which you have incurred a charge, with the exception of any fixed upfront fee, we will refund any unused portion of such period in accordance with the refund policy we have in effect at such time. If we cancel or terminate your subscription to one of our Fee-Based Products (as opposed to you canceling your subscription) prior to the end of a period for which you have incurred a charge, with the exception of any fixed upfront fee, we will refund any unused portion of such period on a pro rata basis.
F. Notwithstanding anything in this Agreement to the contrary, purchases made within a Radius mobile application downloaded from the Apple® iTunes store are not refundable and are subject to Apple’s iTunes Terms of Service.
4. Cancellation of Subscription
You can cancel your subscription by contacting customer service or by such other means as we may provide from time to time. We will attempt to process all cancellation requests within 72 hours after we receive your request. If you cancel near the end of your billing period and are inadvertently charged for the next period’s fee, contact customer service to have the charges reversed. If you use our Fee-Based Product during that next period, you will not be entitled to a refund. We reserve the right to collect fees, surcharges, or costs incurred before your cancellation takes effect.
5. Availability of Fee-Based Products
The availability and use of our Fee-Based Products may be limited based on age, geographic, health or other criteria as we may establish from time to time. You understand and agree we may disallow you from subscribing to our Fee-Based Products or may terminate your subscription to our Fee-Based Products at any time based on these criteria. For example, individuals under the age of 18 may not subscribe to our Fee-Based Products.
6. Privacy and Security
7. Health Disclaimer
The Fee-Based Products (including without limitation any Content, Postings or Materials (defined below)) are not intended to diagnose, treat or prevent any medical condition or to replace your healthcare provider. Consult with your healthcare provider to design an appropriate exercise prescription for you. IF YOU EXPERIENCE ANY PAIN OR DIFFICULTY WITH ANY ASPECT OF THE FEE-BASED PRODUCTS, STOP AND CONSULT YOUR HEALTHCARE PROVIDER RIGHT AWAY.
Generally, you should consult your healthcare provider before you start an exercise program if any of the following apply:
- You have heart disease;
- You have asthma or lung disease;
- You have diabetes or kidney disease;
- You have arthritis;
- You are pregnant.
You should also check with your healthcare provider if you are currently taking cardiac and/or blood pressure medications, or have symptoms suggestive of heart, lung or other serious disease such as:
- Chest pain, or pain in the neck and/or arm;
- Shortness of breath;
- A diagnosed heart condition;
- Joint and/or bone problems;
Finally, the American College of Sports Medicine recommends that you see your doctor before engaging in vigorous exercise if two or more of the following apply:
- You are a man older than 45;
- You are a woman older than 55;
- You have a family history of heart disease;
- You smoke or have quit smoking in the past six months;
- You haven’t exercised for at least 30 minutes, three days a week for three months or more;
- You are overweight or obese;
- You have high blood pressure or high cholesterol;
- You have impaired glucose tolerance, also known as “prediabetes.”
THE FEE-BASED PRODUCTS AND THIS HEALTH DISCLAIMER ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DO NOT RENDER MEDICAL OR PSYCHOLOGICAL ADVICE, OPINION, DIAGNOSIS OR TREATMENT. THEY ARE NOT SUBSTITUTES FOR PROFESSIONAL MEDICAL CARE AND SHOULD NOT BE CONSTRUED AS MEDICAL ADVICE OR INSTRUCTION. NO ACTION OR INACTION SHOULD BE TAKEN BASED SOLELY ON THE FEE-BASED PRODUCTS OR THIS HEALTH DISCLAIMER; INSTEAD, SUBSCRIBERS SHOULD CONSULT APPROPRIATE HEALTHCARE PROVIDERS ON ANY MATTER RELATING TO THEIR HEALTH AND WELL-BEING. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE SEEN, HEARD OR READ IN CONNECTION WITH THE FEE-BASED PRODUCTS OR THIS HEALTH DISCLAIMER.
AS A CONDITION OF YOUR SUBSCRIPTION TO THE FEE-BASED PRODUCTS, YOU EXPRESSLY AGREE TO ALL OF THE FOLLOWING:
- I understand that participation in any exercise or fitness program (including the Fee-Based Products) may increase the risk of injury to myself.
- I understand that the level of my participation in the Fee-Based Products and which exercises to perform must be determined by me, in consultation with my physician, and that only I am responsible for the intensity of my participation.
- I understand that by making the Fee-Based Products available, neither Radius nor anyone else is undertaking any responsibility regarding my medical condition(s). If my medical condition should change, I understand that it is my responsibility to discontinue using the Fee-Based Products and to immediately consult with my physician about continuing or resuming participation in this or any exercise program.
- I hereby personally assume any and all risks associated with using the Fee-Based Products.
- I hereby release, indemnify and hold harmless Radius, its respective directors, officers, parents, subsidiaries, affiliates, agents and anyone involved in the creation of the Fee-Based Products I have chosen to subscribe to, from any and all claims, demands, personal injuries, costs, or expense, (including attorney’s fees) arising from or relating in any way to my participation in the Fee-Based Products.
8. Automatically Become a Registered User
As a subscriber to one of our Fee-Based Products, you automatically become a registered user of our services, which provides you with access to certain products, offerings, features, or resources of our services such as the ability to post messages on one of our Community Areas (such feature is not available to those who are not registered users). A “Community Area” means any blog, personal page, group page, chat room, message board, bulletin board, recipe swap, or similar activity where you can communicate with other users of our services or post your own Content. If you cancel your subscription to our Fee-Based Products, you will remain a registered user of our services unless you specifically request otherwise.
9. Restrictions on Use of Materials
You acknowledge that the Fee-Based Products contain information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles and other materials (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks appearing on the Fee-Based Products are trademarks of their respective owners. RADIUS is the trade name and the registered trademark and service mark of Fitness Video Ventures, LLC. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on the Fee-Based Products. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, mobile device or any other device from which you access the Fee-Based Products, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
10. Community Standards and Conduct Guidelines
You acknowledge that all Content and all information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials posted, emailed, or otherwise transmitted to or on the Fee-Based Products, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the “Postings”), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to the Fee-Based Products. We do not control the Postings posted, emailed or otherwise transmitted on our Fee-Based Products by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted community standards and conduct guidelines for the users of our Fee-Based Products (as described below), you understand that by using the Fee-Based Products, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us or our affiliates), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through the Fee-Based Products.
You agree not to use the Fee-Based Products (including any Community Areas) to:
- Upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
- Harm minors in any way, or solicit or otherwise attempt to gain any information from a minor;
- Impersonate any person or entity, including, but not limited to, any user of the Fee-Based Products, a director, officer, employee, shareholder, agent or representative of Radius or our affiliates, or any other person or entity, or falsely state or otherwise misrepresent your affiliation with Radius, our affiliates or any other person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through the Fee-Based Products;
- Upload, post, email or otherwise transmit any Postings or other materials that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
- Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose;
- Upload, post, email or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of a Community Area (or other portion of the Fee-Based Products) are able to type, or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another user’s experience of the Fee-Based Products ;
- Interfere with or disrupt the Fee-Based Products or servers or networks connected to the Fee-Based Products, or disobey any requirements, procedures, policies or regulations of networks connected to the Fee-Based Products;
- Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
- “Stalk” or otherwise harass another user or employee of the Fee-Based Products;
- Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the Fee-Based Products, including user names or passwords; or .
- Access or attempt to access another user’s account without his or her consent.
Your privilege to use the Fee-Based Products (including the Community Areas) and contribute to discussions on the Community Areas depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of the Fee-Based Products and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our community standards and conduct guidelines, or any part of this Agreement, we may terminate, in our sole discretion, your use of, or participation in, any Community Area.
12. Parental or Guardian Permission
THE FEE-BASED PRODUCTS ARE FOR USE ONLY BY ADULTS AGED 18 AND OVER. INDIVIDUALS UNDER THE AGE OF 18 ARE NOT PERMITTED TO SUBSCRIBE TO OUR FEE-BASED PRODUCTS.
This Agreement applies only to the Fee-Based Products, and not to the websites or platforms of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website’s administrator or webmaster.
14. Third Party Products and Services
You may order services, merchandise or other products through our Fee-Based Products from other parties (collectively, the “Third Party Sellers”). All matters concerning the services, merchandise and other products desired from the Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise and other products provided by the Third Party Sellers. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.