© 2023 (PEX HEALTH AND FITNESS, LLC, and/or its licensors, predecessors, successors, parents, subsidiaries, affiliates, officers, directors, d.b.a.s, shareholders, investors, employees, agents, representatives, and attorneys and their respective heirs, successors, and assigns hereinafter referred to as the “PEX”).
All rights exclusively and explicitly reserved.
PEX offers fitness training, nutritional guidance, wellness services, and other related activities (collectively referred to as “Activities”). These Activities are provided for general health and fitness purposes and are not intended to be a substitute for professional medical advice, diagnosis, or treatment.
PEX makes no warranties or representations, express or implied, as to the completeness, accuracy, or appropriateness of these Activities for any individual. All clients should understand that when participating in any exercise or exercise program, there is the possibility of physical injury. If you engage in the Activities, you agree that you do so at your own risk, are voluntarily participating in these Activities, assume all risk of injury to yourself, and agree to release and discharge PEX from any and all claims or causes of action, known or unknown, arising out of PEX’s negligence.
The Activities provided by PEX are intended for use only by individuals who are healthy enough to perform them. Individuals are encouraged to seek professional medical advice prior to beginning any fitness program.
PEX provides no warranty of any kind, express or implied, including but not limited to any warranties of merchantability, fitness for a particular purpose or non-infringement. Under no circumstances shall PEX have any liability or responsibility to any person or entity/entities for any loss or damage in whole or in part caused by, resulting from, or relating to, any error (negligent or otherwise) or other circumstance or contingency within or outside the control of PEX.
The content and materials provided by PEX are intended for the sole and exclusive use of the clients of PEX. Any further distribution, divulgence or reproduction of these materials is strictly prohibited.
All content and materials are protected by relevant law of the United States of America, including but not limited to copyright law and intellectual property law, and none of it may be copied or otherwise reproduced, repackaged, further transmitted, transferred, disseminated, redistributed or resold, or stored for subsequent use for any purpose, in whole or in part, in any form or manner or by any means whatsoever, by any person or entity/entities without PEX’s prior and explicit written consent. Civil and criminal liability will arise in violation of the aforementioned provisions.
To the fullest extent permitted by law, you agree that PEX ( “Released Party”), will not be responsible or liable for any personal injury, death, or any incidental, consequential, special, punitive or exemplary damages, whether direct or indirect, arising out of or in connection with your use of our facilities, equipment, or participation in any of our Activities.
You understand and acknowledge that the Activities involve inherent risks and dangers that no amount of care, caution, instruction, or expertise can completely eliminate, including but not limited to the potential risk of serious physical and/or mental injury, pain, suffering, temporary or permanent disability, loss of work, loss of earnings, loss of enjoyment of life, and/or death. You knowingly and voluntarily accept and assume responsibility for each of these risks and dangers, and all other risks and dangers that could arise out of, or occur during, your use of our facilities and participation in our Activities.
Furthermore, you hereby release, waive, discharge, covenant not to sue, and agree to indemnify and hold harmless the Released Party from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or in any way related to any loss, damage, or injury, including death, that you may sustain from your use of our facilities, equipment, or participation in our Activities.