3. Individual Features and Services.
4. Modification of Terms.
Becoming a boldr Member is free. Once you have registered as a Member, you will be able to purchase personal training packages, schedule personal training sessions (each a "Training Session"), get access to exclusive Member's only content, and take advantage of the other Services that boldr may offer from time to time. You must be a Member in order to participate in a Training Session.
6. Payment and Refunds.
We accept, [Visa, MasterCard and PayPal]. All purchases are non-refundable. Please refer to our website for details regarding the pricing and specific terms and conditions applicable to each personal training package offered by boldr.
7. Cancellation of Training Sessions.
Members may cancel Training Sessions up to 24 hours prior to the commencement of a Training Session (the "Cancellation Period").
- If a Member cancels a Training Session during the Cancellation Period, the Member's account will not be charged.
- If the Member cancels a Training Session after the expiry of the Cancellation Period, the Member's account will be charged.
8. Prohibited Activities.
boldr reserves the right to investigate and terminate your membership without refund if you have behaved in a way which could be regarded as inappropriate, unlawful or illegal during a Training Session. The following is a partial list of the type of actions that you may not engage in with respect to the Services:
- Recording a Training Session.
- Allowing third parties to participate in a Training Session.
- Appearing nude or inappropriately dressed during a Training Session.
- Using disrespectful, degrading, demeaning or derogatory language during a Training Session.
- Behaving in a manner that is disrespectful, degrading, demeaning or derogatory to others during a Training Session.
- Use of the Services for any purpose that is unlawful or prohibited by this Agreement.
- Permitting a Training Session to be materially disrupted in any manner, including as a result of background noise.
9. Term and Termination.
This Agreement will remain in full force and effect for so long as you remain a Member. You may terminate your membership at any time, however you will not be entitled to any refund should you choose to terminate your membership. boldr may, in its sole discretion, terminate your membership by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to boldr. If boldr terminates your membership because you have breached this Agreement, you will not be entitled to any refund. If boldr terminates your membership for reasons other than a breach by you of this Agreement, you may be entitled to a refund. All decisions regarding the termination of accounts shall be made in the sole discretion of boldr. boldr is not required to provide you notice prior to terminating your membership. boldr is not required to disclose, and may be prohibited from disclosing, a reason for the termination of your account.
- Results Not Guaranteed. boldr does not guarantee any results from the use of the Services.
- No Warranties. To the fullest extent permissible by applicable law, boldr, and its affiliates, partners, and suppliers disclaim all warranties and conditions, statutory, express, implied or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement. You expressly agree that the use of our website and the Services is at your sole risk and that any advice that may be posted on our website is for informational and entertainment purposes only and will not create any warranty or condition not expressly stated herein. Our website, user content and any third-party media, content, software, services or applications made available in conjunction with or through our website (collectively, "Content") are provided on a strictly "as is", "where is" basis and without warranties or representations of any kind either express or implied.
- Operation and Content. boldr is not responsible for any problems or technical malfunction of any telephone network or lines, third party or Member computer systems, servers or providers, computer equipment, software, failure of email on account of technical problems or traffic congestion on the internet or at any website or combination thereof, including injury or damage to Members' or to any other person's computer related to or resulting from participating or downloading materials in connection with the Services.
11. Member Conduct.
boldr is not responsible for the conduct, whether online or offline, of any Member. Under no circumstances will boldr or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Services, any content posted on our website or transmitted to members, or any interactions between Members, whether online or offline. boldr is not responsible for any loss or damage, including personal injury or death, resulting from any Member's use of the Services or any interaction between a Member and any third party. boldr cannot guarantee and does not promise any specific results from use of the Services.
12. Release of Liability for Injury or Death; Limitation on Liability; Damages.
- Release of Liability for Injury or Death. Your participation in Training Sessions or other programs offered by boldr is at your own risk. Exercise programs of any kind, including the Training Sessions, represent an inherent danger to participants. It is your responsibility to inform your boldr personal trainer, prior to the commencement of a Training Session, of any pre-existing injuries and to notify your boldr personal trainer immediately of any pain or discomfort which you may suffer during a Training Session. Notwithstanding the foregoing, neither boldr nor its directors, officers, employees, agents, affiliates or independent contractors are liable for any personal injury or death that results from your use of the Services, including participation in Training Sessions. You hereby release boldr and its employees, agents, affiliates and independent contractors from all liability for injury or death that results from your participation in a Training Session or use of the Services. Members should consult a physician before beginning use of the Services or any exercise program or Training Session. Not all exercise programs or Training Sessions are appropriate for all Members. Please check all equipment and the area in which you are exercising for any dangerous conditions. In cases where applicable law does not allow the above release of liability, boldr's liability will be limited to the extent permitted by law.
- Limitation of Liability. Except in jurisdictions where such provisions are restricted, in no event, and under no legal theory, including without limitation contract or tort (including negligence), will boldr or its directors, officers, employees, agents, affiliates or independent contractors be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including without limitation lost profits, data or use or cost of cover, even if boldr has been advised of the possibility of such damages. In cases where applicable law does not allow the above limitation of liability, boldr's liability will be limited to the extent permitted by law.
- Limitation of Damages. In no event shall boldr or its directors, officers, employees, agents, affiliates or independent contractors' total liability to you for all causes whatsoever, and regardless of the form of the action (whether in contract, tort (including negligence), warranty, or otherwise), exceed the greater of: (i) one hundred dollars or (ii) the amount paid by you to boldr in the 12 months prior to the event giving rise to the liability.
13. Indemnity by You.
You agree to indemnify and hold boldr, its directors, officers, employees, agents, affiliates or independent contractors, harmless from any loss, liability, claim, damages, obligations, or demand, including reasonable attorney's fees, arising out of (i) your use of the Services, or (ii) your violation or breach of this Agreement. boldr reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of boldr. boldr will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
14. Account Security.
You are responsible for maintaining the confidentiality of the username and password that you use to register for and use the Services. You agree to (a) immediately notify boldr of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. boldr will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
15. Content on boldr.
- Proprietary Rights. boldr, and its licensors, own and retain all proprietary rights in the Content and the Services (the "boldr Materials"). The boldr Materials are protected by copyright, trade dress, patent, and trademark laws, international conventions, and other relevant intellectual property and proprietary rights, and applicable laws. Except for that information which is in the public domain or for which you have been given express written permission, you may not copy, modify, publish, transmit, distribute, license, perform, display, or sell any boldr Materials. boldr retains all rights not expressly granted in this Agreement. You shall not acquire any right, title or interest to the Service or boldr Materials, except for the limited rights set forth in this Agreement.
- Reliance on Content. Advice, opinions, statements, offers, or other information or content, made available through our website, but not authored by boldr, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. boldr does not: (i) guarantee the accuracy, integrity, quality, legality, safety, completeness, or usefulness of any such content, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any such content. Under no circumstances will boldr or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on its website, by other Members or by third parties or transmitted to or by any third parties or Members to you.
16. Modifications to Website.
boldr reserves the right at any time to modify our website (or any part thereof) with or without notice. You agree that boldr shall not be liable to you or to any third party for any such modification.
17. Blocking of IP Addresses.
In order to protect the integrity of our website, boldr reserves the right at any time in its sole discretion to block Members with certain IP addresses from accessing the website.
18. Links and Third Party Services.
boldr may provide, links or functionality on our website to other websites or third party resources ("Third Party Services"). Because boldr has no control over Third Party Services, you acknowledge and agree that boldr is not responsible for the availability of the Third Party Services, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from the Third Party Services. You further acknowledge and agree that boldr shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any content, goods or services available on or through Third Party Services. Access and use of Third Party Services, including the information, material, products, and services on Third Party Services or available through Third Party Services, is solely at your own risk. You should review applicable terms and policies, including the privacy and data gathering practices, of any Third Party Service.
- Notice. boldr may provide you with notices, including those regarding changes to this Agreement, by email or by posting such notices on our website. Notice will be deemed given 24 hours after the email is sent, unless boldr is notified that the email address is invalid or 72 hours after the notice is posted on our website.
- No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
- Jurisdiction and Choice of Law. In the event of any dispute arising out of this Agreement, you expressly agree that any such dispute shall be governed by the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the courts of the province of Ontario, Canada, for the resolution of any such dispute.
- Waiver. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of boldr to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
- Survival. Sections 4, 9-16, 18 and 19 will survive any termination of this Agreement. Subject to the foregoing, all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
- Entire Agreement. This is the entire agreement between you and boldr relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. The Agreement shall not be modified except in writing, signed by both parties, or by a change to the Agreement or Guidelines made by boldr as set forth in Section 4 above.
- Severability. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
- Assignment. The Agreement, and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by boldr without restriction. Any assignment attempted to be made in violation of this Agreement shall be void.
- Headings. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and shall not be deemed to limit or affect any of the provisions hereof.