TERMS OF SERVICE
GunnarMade LLC (“GunnarMade”) is pleased to provide you with access to and use of our websites, applications, content, streaming services, products, goods, equipment, services, promotions, software, technology and any other materials that we may provide (the “Services”).
GunnarMade Services are not intended for anyone under the age of 13. IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MUST ACCESS AND/OR USE ANY GUNNARMADE SERVICES ONLY WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN.
CONTRACT BETWEEN YOU AND GUNNARMADE
These Terms and Conditions of Use (“Terms”) form a legally binding agreement between you and GunnarMade, and govern your access and use, and our provision of, the GunnarMade Services and any other technology, items or other materials on which these Terms are posted. BY ACCESSING OR USING ANY GUNNARMADE SERVICE, YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS, AND ANY AMENDMENTS THERETO, AND YOU AGREE YOU ARE AT LEAST 13 YEARS OF AGE. PLEASE READ THESE TERMS CAREFULLY BEFORE USING ANY GUNNARMADE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY CEASE USE OF ANY GUNNARMADE SERVICES.
GunnarMade may, in its sole and absolute discretion, change these Terms from time to time to comply with laws or to meet our changing business requirements. These revisions shall be effective for users immediately upon being posted to the GunnarMade Services. If you do not agree with any of the changes, you must discontinue using any and all GunnarMade Services. By continuing to use any GunnarMade Services after any changes are posted, you expressly accept any applicable changes.
GunnarMade Services primarily include in person personal training and online coaching in order to provide the client with the motivation, education, guidance, and personalized tutoring required to assist the client in meeting his or her fitness and nutritional goals. Such Services will provide the client with a guided fitness and nutrition program, tailored to the client’s requests and specific needs and goals. The program will be based on several factors that include but are not limited to, the client’s objectives, fitness level, and experience. Progression into the program may be subject to changes due to certain factors that include but are not limited to, client’s requests and preferences, issues regarding the client’s health and wellbeing, and changes in fitness and nutrition progression to meet the client’s goals.
You acknowledge that GunnarMade personal trainers are not medical professionals and agree to promptly and fully disclose to personal trainer any injury, condition or impairment which may have a negative effect on you or which may impact your ability to continue with the training program you have chosen.
You certify that you are physically capable of participating in a strength, flexibility and aerobic training exercise program and using any equipment associated with such training. You understand that it is recommended that you have a yearly physical or more frequent physical examination and consultation with your physician as to physical activity and diet. You acknowledge that you have had a physical examination and been given a physician’s permission to participate in this training program or decided to participate in this training program without the approval of a physician.
Certain GunnarMade Services, such as nutrition plans provided with our programs, provide nutrition, food, caloric and other related information designed to help our clients eat healthy to reach their health and wellness goals. While any nutrition information we may provide is designed to safely align with our related exercise regimens, you must consult your physician before beginning any nutrition plan or altering any dietary regimen, especially if you have any unique or special medical needs or conditions, such as food allergies, dietary restrictions or if you are pregnant or breast feeding.
IN-PERSON TRAINING SERVICES
You understand and agree that you will be charged for any in person training sessions that are not cancelled within twenty-four hours advance notice. You understand that if you are late for an in-person training session, the session time may be cut short and the full fee will still apply. You understand that rates for in person personal training services are subject to change. Prepaid sessions that are unused at the time of a rate change will be honored at the prepaid price.
All applicable prices are set forth alongside the Services offered by GunnarMade and are subject to change at any time by us in our sole discretion. You will be responsible for the prices stated at the time of your transaction, as well as any (i) sales, use, excise, and related taxes; and (ii) applicable shipping and handling charges. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider. By providing your credit card information to us, you agree that we are authorized to charge your card with the total cost of the Service that you signed up for, including any required deposit or on a monthly recurring basis, and you are hereby representing and warranting your full right and authority to make such purchases in the manner elected without violating any applicable law, rule or regulation. Charges paid by you are final and non-refundable, unless otherwise determined by GunnarMade.
You acknowledge that payment transactions may be facilitated by a third-party payment processor (the “Processor”) and agree that GunnarMade may share your payment information with the Processor for this purpose. You acknowledge that GunnarMade is not responsible for the information collection, usage and disclosure practice of any Processor.
GunnarMade may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the charges applied to you. You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee.
DISCLAIMER OF WARRANTIES
YOU ACKNOWLEDGE AND AGREE THE GUNNARMADE SERVICES, INCLUDING WITHOUT LIMITATION, ANY PRODUCTS, GOODS, SERVICES, WEBSITES, APPLICATIONS, HEALTH AND WELLNESS CONTENT AND ADVICE, AND NUTRITIONAL ADVICE OR INFORMATION ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS, AND WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE GUNNARMADE SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, AND WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. WE MAKE NO GUARANTEE OR WARRANTY THAT THE GUNNARMADE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THEY WILL BE UNINTERRUPTED OR ERROR-FREE. WE FURTHER MAKE NO GUARANTEE OR WARRANTY AS TO THE PARTICULAR HEALTH AND WELLNESS GOALS, RESULTS, BENEFITS OR OUTCOMES THAT MAY BE ACHIEVED OR OBTAINED THROUGH USE OF ANY GUNNARMADE SERVICES. YOU AGREE TO USE THE GUNNARMADE SERVICES AT YOUR SOLE RISK.
YOU WILL NOT HOLD GUNNARMADE OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE GUNNARMADE SERVICES, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA, AS THE GUNNARMADE SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
LIMITATION OF LIABILITY
Release. You expressly acknowledge and agree that your access, use and/or involvement with any GunnarMade Services may involve potentially dangerous and physical activities that may lead to personal and/or bodily injury, death, loss of services, loss of consortium, or damage to or loss of property or privacy. You hereby acknowledge and willingly accept these risks and agree to unconditionally release and hold harmless GunnarMade from and against all claims, suits, causes of action, costs, expenses or liability arising out of or related to your access, use and/or involvement with any GunnarMade Service.
Indemnification. You agree to indemnify and hold GunnarMade, its parents, subsidiaries, affiliates, shareholders, officers, directors, employees, agents, and suppliers harmless from and against any claim, action, demand, loss, suit, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your improper use of any GunnarMade Services, your violation of these Terms, or your violation of any rights of a third party.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GUNNARMADE OR ITS SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR SPECIAL, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY AND/OR IF WE WERE ADVISED OF SUCH DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO GUNNARMADE OR ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF ANY GUNNARMADE SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF GUNNARMADE AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST NINETY (90) DAYS TO GUNNARMADE FOR ANY GUNNARMADE SERVICES. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN GUNNARMADE AND YOU. THE GUNNARMADE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. GUNNARMADE WILL NOT BE LIABLE FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CIRCUMSTANCE BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR.
PHOTOGRAPHY LICENSE AND OWNERSHIP
From time-to-time, you will provide information, videos, or pictures to GunnarMade to obtain our Services, to better track your progress, and so that your trainer can update your personal training program. For any content that is covered by intellectual property rights, you specifically grant GunnarMade a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any intellectual property content that you provide to GunnarMade.
You agree that you will only provide GunnarMade with information, pictures, videos or other intellectual property that you own. GunnarMade acknowledges that this license does not transfer any ownership and that you will continue to own your information, pictures, videos and other intellectual property. GunnarMade may alter these items without restriction and without your inspection or approval. You hereby release Gunnar Made and their associates from all claims and liability relating to any materials you provide to them.
GunnarMade is committed to preserving its client’s privacy and appreciates the trust that you place in us that we will do so carefully and sensibly. We receive, store and process personal information you provide to us when you purchase or use the GunnarMade Services, enter information on our websites or message boards, communicate with us over phone, e-mail or otherwise, use our applications on mobile or connected devices, use our streaming services, take our surveys, participate in any promotion, interact with our social media presence, or in any other way. GunnarMade has implemented and uses reasonable security measures designed to help prevent the loss and unauthorized access of your information. Despite these efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against interception or to be absolutely secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us or our online services.
Termination. GunnarMade reserves the right to suspend or terminate your interaction with any GunnarMade Services for any or no reason in its sole and absolute discretion, including your access, use or purchase of any products, goods or services that we provide.
Governing Law. You agree that the laws of the State of South Carolina, without regard to principles of conflict of laws, will exclusively govern these Terms and any dispute between you and GunnarMade.
No Waivers. GunnarMade’s failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.Notices. All notices required or permitted to be given under these Terms must be in writing. You shall give any notice to GunnarMade by contacting Gunnar Moldrik at firstname.lastname@example.org