TERMS OF SERVICE
TERMS AND CONDITIONS OF USE:
PLEASE READ THESE PROVISIONS BELOW. BY USING THE FORMAT LLC WEBSITE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF USE.
By using The Format LLC website, you acknowledge that you have read and accept the Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use, please do not access or otherwise use The Format LLC website. These Terms and Conditions of Use govern your use of The Format LLC website and all services provided in connection with The Format LLC website. These Terms and Conditions of Use may be modified from time to time without notice. Please check this area before using The Format LLC website to determine whether a change has been made to these Terms and Conditions of Use. Each time you log on to The Format LLC website, you will be deemed to have accepted any such changes.
Restrictions on Use of Materials:
The entire contents of The Format LLC website (the "Content") is protected by copyright as a collective work and/or compilation, pursuant to United States copyright laws, international conventions, and other copyright laws. The Content is for your personal, non-commercial use. All materials contained on The Format LLC website are protected by copyright, and are owned or controlled by The Format LLC website or the party credited as the provider of the Content. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any Content on The Format LLC website. You may download and make copies of the Content and other downloadable items displayed on The Format LLC website for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from The Format LLC or the copyright holder identified in the individual Content's copyright notice.
Any trademarks, logos and/or service marks displayed on The Format LLC website are owned or licensed to The Format LLC and are for your use only in connection with using The Format LLC website. No license or right to use any of the trademarks, logos and/or service marks are granted to you other than to download the trademarks, logos and/or service marks for personal, noncommercial use while visiting The Format LLC.
The Format LLC may change, suspend or discontinue any aspect of The Format LLC website at any time, including the availability of any The Format LLC website feature, database or Content. The Format LLC website may also impose limits on certain features and services or restrict your access to parts or all of The Format LLC website without notice or liability.
User Conduct:
You agree that you: (a) will not upload, post or transmit to or distribute or otherwise publish through The Format LLC website any materials which (i) restrict or inhibit any other user from using and enjoying The Format LLC website, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) you understand and agree to the policies set forth in The Format LLC Website PRIVACY POLICY.
Indemnity :
You agree to indemnify, defend and hold The Format LLC, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the Indemnified Parties) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions of Use, including without limitation, attorneys fees and costs. You agree to cooperate as fully as reasonably required in the defense of any claim. The Format LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you will not in any event settle any matter without the written consent of The Format LLC.
LINKS:
The Format LLC website contains links and pointers to other related World Wide Web Internet sites, resources, and sponsors of The Format LLC website. Links to and from The Format LLC website to other third parties, maintained by third parties, do not constitute an endorsement by The Format LLC or any of its subsidiaries or affiliates of any third party resources, or their contents.
The Format LLC does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through The Format LLC website. Any reliance upon any such information is at your sole risk. The Format LLC reserves the right, in its sole discretion, to correct any errors or omissions in any portion of The Format LLC website.
The Format LLC does not and cannot review all materials posted to The Format LLC website by users, and The Format LLC is not responsible for any such materials posted by users. However, The Format LLC reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that The Format LLC sole discretion are objectionable or in violation of this Agreement.
NO WARRANTIES:
The Format LLC WEBSITE IS PROVIDED "AS IS," AND The Format LLC AND ITS AFFILIATES WILL NOT BE LIABLE IN ANY WAY FOR THE USE OF The Format LLC WEBSITE, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS IN THE SITE. The Format LLC AND ITS
AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT OF OR INFORMATION IN OR ACCESSED THROUGH The Format LLC WEBSITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY
ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH The Format LLC OR ANY LINKED SITE. The Format LLC AND ITS AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. The Format LLC DOES NOT WARRANT THAT THE FUNCTIONS, MATERIALS, OR CONTENT ON The Format LLC WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT The Format LLC WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Acknowledgement:
You acknowledge that transmissions to and from The Format LLC website are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to The Format LLC website, no confidential, fiduciary, contractually implied or other relationship is created between you and The Format LLC other than pursuant to these Terms and Conditions of Use.
Jurisdictional Issues:
These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the state of Tennessee, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this agreement shall be an appropriate state or federal court located in the state of Tennessee.
Privacy:
The Format LLC is committed to protecting your privacy and security. You are urged to read The Format LLC PRIVACY POLICY.
LIABILITY WAIVER:
In exchange for permission to participate in The Format LLC classes and/or private sessions, I hereby enter into the following release and waiver of liability, assumption of risk and indemnity agreement and photo release. I, for myself, my heirs, spouse, executors, administrators, personal representatives and assignes, waive, release, discharge, indemnify, hold harmless and agree not to sue The Format LLC, its officers, directors, shareholders, employees, independent contractors, agents, landlords, lessees, sponsors, representatives, volunteers, and affiliates (hereafter the “Released Parties”) from, any and all liability, responsibility, damages, losses, claims, demands, actions, suits, judgments, costs and expenses (including attorneys’ fees) resulting from personal injury, accidents, illnesses, death and/or property loss caused in any manner, including theft, fire and the simple, active or passive negligence of the Released Parties, by my participation in The Format LLC classes. I hereby understand that I am advised to move comfortably through the exercises and to work at their individual level of difficulty. I hereby acknowledge and understand that (a) the studio is heated up to 110 degrees Fahrenheit (110°F), and may at times reach temperatures in excess of 110°F; (b) it is strongly recommended that I consult with a licensed physician prior to commencing any classes; (c) the exercise program is strenuous in nature, not recommended for pregnant individuals, and may result in adverse physiological occurrences including, but not limited to: abnormal blood pressure, fainting, heart attack or death. I acknowledge I have been advised to consult with my physician with respect to any past or present injury, illness, cardiovascular problem, knee problem, back problem, neck problem, osteoporosis, or any other condition that may affect my participation and ability to participate in and to endure the exercise programs, and knowingly assume all risks relating to my participation at The Format LLC. I acknowledge that I have discussed with my physician the appropriateness of the classes offered through The Format LLC in connection with any illness or condition that I now have or have previously had and that I knowingly execute this agreement freely and voluntarily, and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law. I hereby consent to receive from any licensed hospital, physician, or medical personnel any medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I have read this agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. This agreement is intended to be as broad and inclusive as permitted by law. If any portion of this agreement is held invalid, the remaining portions will continue in full force and effect. The Format LLC operates security cameras inside studios to guard against theft, violence, or sabotage by outsiders. I understand and acknowledge that the studio utilizes security cameras for safety, security, and operational purposes. By entering the premises, I consent to being recorded and filmed while in common areas and studios. I understand that these recordings may be reviewed by Studio management as needed for safety, quality assurance, or incident review purposes. I waive any expectation of privacy in areas under video surveillance and release the Studio from any liability arising from such recordings.
CONTACT:
If you have any questions about the Terms and Conditions of Use for this site, please contact The Format LLC by sending an e-mail to info@theformatfitness.com or by sending us a letter at the following address:
The Format LLC
574 Franklin Road, Unit 110, Franklin TN 37069