Risk & Liability
A) Terms & Conditions (general)
A. Terms & Conditions (general)
Below you will find the general Terms & Conditions for GYMNAST FIX, LLC. If you want to use any of our products or services, including our websites or other online spaces, you must agree to, conform to and be legally bound by the terms and conditions described below. These terms and conditions were last updated on 09 May, 2018. If you disagree with any of these terms and conditions, please do not use this website.
1. Definitions and applicability
1.1 Deviations from and additions to these general terms and conditions are only valid if agreed upon, in writing, by all parties involved.
1.2 In these terms and conditions, the following terms are to be understood under their subsequent definition:
a. Client: the natural or legal person who has instructed the contractor to supply or manufacture goods or services;
b. Contractor: the applier of the general conditions, in this case Gymnast Fix, LLC., offices located at 215 Narrows Parkway, Suite A, Birmingham AL 35242
1.3 The applicability of any alternate purchase conditions or other conditions of the customer is explicitly rejected
1.4 Any and all electronic communication and/or faxes are regarded as written documents. Electronic data traffic is defined as messages sent by e-mail, Web, EDI (Electronic Data Interchange) and comparable forms of data transmission.
1.5 A client who enters a contract under the Terms & Conditions as they exist at the time of agreement, accepts the applicability of these conditions to subsequent agreements between contractor and client.
1.6 If any provision of these terms and conditions is invalid or unenforceable, the remaining provisions of these terms and conditions will remain unaffected. Contractor and Client will, in that case, enter into consultations with the aim of agreeing on new provisions to replace the invalid provisions, whereby the purpose and intent of the invalid or void provisions are to be observed as much as possible.
1.8 Our anti-spam policy is part of, and subject to, these terms and conditions. Our anti-spam policy can be found on this website.
1.9 These terms and conditions are subject to change. If and when any changes are made, they are effective immediately, and communicated clearly on the website. If you disagree with the changes that have been made, you should not use our website.
1.10 We may terminate these terms and conditions for any reason and at any time without prior notification. If you are concerned about these terms and conditions, you should read them each time before you use our website. Any questions or concerns should be brought to our attention via e-mail, clearly outlining the particulars.
2. Offer and Acceptance
2.1 If you are below the age of 18, you may use our website only with the permission and supervision of a parent or legal guardian. If you are a minor, please do not disclose any personal information to us or any other website visitors.
2.2 You understand and agree that your use of our website is limited and non-exclusive. We may terminate your license to access and use our website, for any reason, and without prior notification.
2.3 All offers and other statements by the Contractor are non-committal, unless explicitly stated in writing by the Contractor.
2.4 The Client is responsible for the accuracy and completeness of information provided to the Contractor, (by the Contractor, and/or on behalf of the Contractor. The Contractor will put together offers based on this information. The Client must always make sure that the requirements that are to be met by the Contractor are clear, accurate and complete.
2.5 The (mere) submission of a pricing, an estimate, a preproduction estimate or similar information, with or without a quotation, does not oblige the Contractor to enter into agreement with the Client.
2.6 Registration via the website only leads to an agreement if the entry form is completed and the full payment received by the Contractor.
2.7 Participants are registered on a first-come, first-served basis. If the maximum number of participants has been reached, the Contractor is free to refuse the Client’s application, and may offer an alternate activity. The Contractor is not obliged to compensate any damages incurred by the client.
3. Price and payment
3.1 All prices are exclusive of sales tax and other charges imposed by the government, unless explicitly stated otherwise. All prices are in USD, and the customer must effect all payments in USD, unless agreed upon otherwise.
3.2 All cost estimates and budgets issued by the Contractor are provisional, unless explicitly stated otherwise by the Contractor. A Client cannot lay claim to any rights or expectations based on cost estimates issued by the Contractor. The available budget, calculated by the Client and communicated to the Contractor, cannot be regarded as the agreed upon price for the services to be performed by the Contractor. The Contractor is obliged to notify the Client in the event that costs exceed the estimate or budget issued by the Contractor, unless a written agreement to the contrary has been reached between the parties.
3.3 If the client consists of several natural persons and/or legal persons, each of those persons are jointly and severally obliged under the agreement to pay the amounts due.
3.4 With regard to the services performed by the Contractor, and the amount owed by the Client, the relevant documents and information from the administration or systems of the Contractor will be regarded as complete evidence, without prejudice to the right of the client to provide proof to the contrary.
3.5 Payments are to be completed all at once, unless expressly agreed upon otherwise in writing.
3.6 The parties shall set the date or dates on which the Contractor will charge the Client with the fee for the agreed upon services. Amounts due shall be paid by the Client according to the agreed upon conditions, or the payment conditions listed on the invoice. In the absence of a specific provision, the Client shall pay the fee within a set period of time after the invoice date, as determined by the Contractor.
3.7 The Client is not permitted to suspend any payments or to offset any amounts owed.
3.8 In case of a prepayment, the Contractor is entitled to deliver at the time of the prepayment
3.9 In case of liquidation, bankruptcy or suspension of payment of the Client, the principal obligations of the principal are due at once.
3.10 If the total amount due has not been paid within 14 days after the invoice date, the client shall, without any warning or notice of default, pay a contractual interest rate of 1.5% per month on top of the outstanding amount.
3.11 If the Client after a notice of default or reminder fails to pay within the period specified in the notice, the Contractor may relinquish the claim, in which case the Client is responsible for all judicial and extrajudicial costs, in addition to the amount originally owed for the service and/or product, including all costs as calculated by external experts. The extrajudicial costs are set at 15% of the amount due, including interest and compensation.
4. Information, documentation and confidentiality
4.1 The Client must provide the Contractor with all the information about himself or herself, and about any participants registered by the Client, that may be relevant to the viability and consummation of the contract. This information is to be provided, at the latest, upon conclusion of the agreement.
4.2 The Client must provide the Contractor with relevant information on any physical and/or mental conditions —including the use of alcohol, drugs or medication— as these can lead to discomfort, danger or risk to the Client, Contractor or other participants or their possessions.
4.3 The Client is aware that the Contractor may terminate the agreement immediately and without warning if the above information was not properly or not fully provided. In that case, the Contractor is not liable for any negative effects befalling the Client, including damage and/or injury incurred by the Client and/or third parties.
4.4 The Client and the Contractor shall ensure that all data received from the other party that is known to be, or should reasonably be known to be, confidential, is to remain secret. The party receiving the confidential information shall only use it for its designated purpose. Information shall in any event be considered confidential if one of the parties has marked it as such in advance.
5. Intellectual property rights
5.1 All content on our website is owned by us or our content suppliers. On behalf of ourselves and our content suppliers, we claim all property rights, including intellectual property rights, for this content, and you are not allowed to infringe upon those rights. We will prosecute to the fullest extent of the law anyone who attempts to steal our property. You agree not to copy content from our website without our permission. Any requests to use our content should be submitted to us by e-mail.
5.2 The Contractor continues to be the sole proprietor of all property rights surrounding all documents submitted by the Contractor, including drawings, models, materials, designs, illustrations, photographs, films, procedures, methods, texts, or any other common audiovisual, visual or written documents or data carriers.
5.3 If you believe that your intellectual property rights have been infringed upon, please notify us by e-mail, or by post. Please describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership.
5.4 Unless otherwise agreed upon in writing, the Client does not have a claim to (intellectual) property rights of documents, drawings, materials, designs, models, illustrations, photographs, films, procedures, methods, texts, or any other common audio, visual and/or written documents or data carriers made available by the Contractor as part of the agreement. The Contractor does not transfer any IP Rights to the Client, unless stated otherwise. The Client may not record, publish, copy or make public any content developed by the Contractor, unless agreed in writing, or unless credit to Contractor is explicitly stated by Client at time of publication and remains visible for as long as content remains published.
5.5 The Client will provide instant cooperation to enable the deposit of (intellectual) property rights by the Contractor. If desired by Contractor, (intellectual) property rights are surrendered by the Client as part of the agreement, and/or are made available so that these (intellectual) property rights may be obtained by the Contractor for further use.
5.6 If the transfer of (intellectual) property rights by the Client to the Contractor is not legally possible, the Contractor hereby grants an unrestricted, royalty-free, transferable and non-exclusive license, for the sole purpose of the completion of said transfer, and only for the duration of the agreement. If the parties have not agreed on a duration, the Client grants the Contractor aforementioned license indefinitely. The license goes into effect at the conclusion of the agreement.
5.7 Unless otherwise agreed upon in writing, (intellectual) property rights of documents, drawings, materials, designs, models, illustrations, photographs, films, procedures, methods, texts, or any other common audio, visual and/or written documents, or data carriers made available by the Contractor, are not transferred to the Client. The Client is not permitted to record, reproduce, or disclose any of the aforementioned (intellectual) property without written permission by the Contractor. Copyright 2015 InnerFire.
5.8 Unless otherwise agreed upon in writing, or integral to the proper consummation of the agreement, the Client is not allowed to advertise the Contractor’s trade name externally in any way.
5.9 All provisions above, regarding the rights and obligations of the Client with respect to the (intellectual) property rights of the Contractor, apply equally to the (intellectual) property rights of Mr. Wim Hof.
6.1 The Contractor is within rights to amend the agreement forthwith, if during an activity the Client is not capable, physically or otherwise, of continuing the activity, as determined by the Contractor who has full and sole discretion to do so at all times. The Contractor may decide to allow the Client to join an alternate program, follow a different route, or cancel his or her involvement in the activity entirely. The Contractor is not liable for any damage and/or injury sustained by the Client. Nor is the Contractor obliged to refund the payments made by the Client and agreed upon in the contract.
6.2 Irrespective of the above stipulations, the Contractor is within rights to modify the contract in case of extreme circumstances, for example in case of emergencies.
7. Dissolution, termination and cancellation of the agreement
7.1 Each party is entitled to termination of the agreement when relevant particulars of the agreement have not been met in full, provided that the other party —after having been provided a detailed written notice of default, stating a reasonable time period for remedying the failure— attributable fails to fulfill essential obligations from the agreement Payments and other obligations that remain due in accordance with the agreement, and always regarded a essential obligation.
7.2 If, at the time of the termination referred to in Article 7.1, the Client has already acquired the services agreed upon in the contract, then these services and the associated monetary obligations cannot be revoked, unless the Client can prove that the Contractor is in default for a substantial amount of the agreed services. Payments invoiced by the Contractor prior to the dissolution of the agreement, and pertaining to services that have already been properly supplied, remain due and payable at once at the time of dissolution.
7.3 Any failure in the implementation of the agreement on the part of the Contractor is to be reported by the Client as soon as possible. Failings or inadequacies occurring during the activity are to be reported at once. The report must be confirmed by the Client immediately upon conclusion of the activity. Other issues must be reported in writing by the Client within 14 days after their occurrence. All of the above is under penalty of loss of rights of the Client.
7.4 Agreement that does not have a set expiration date, and have not ended automatically by virtue of fulfillment of the requirements, may, after proper deliberation, be terminated by either party. Request for termination is to be made in writing, by clearly stating the reasons. If no notice was agreed upon between the parties, a reasonable period to submit the notice shall be observed. A reasonable notice for termination by both parties is a minimum of 30 days.
7.5 The Client is never authorized to prematurely end a service agreement or contract into which the Client entered for a fixed period of time.
7.6 The Contractor is entitled to terminate the agreement immediately if, during an activity, the Client does not have the required (physical) condition to continue the activity. Contractor is not liable for any damage as a result. Nor is the contractor obliged to return the implementation of the contract payments made by the client.
7.7 The Contractor shall be entitled to terminate the contract immediately if the client does not follow the guidelines and / or instructions given in the context of safety. Contractor is not liable for any damage as a result. Neither is the contractor obliged to return the payments made by the client for the completion of the agreement.
8.1 The information on our website is provided on an ”as is,” and ”as available” basis. You agree that your use of our website is at your own risk. We disclaim all warranties of any kind, including but not limited to, any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our website will always be available, access will be uninterrupted, be error-free, meet your requirements, or that any defects in our website will be corrected.
8.2 The technology required for participating our video course you need a solid internet connection. As a result, the system requires the most recent version of your browser, plugins and extensions. For best results we recommend the newest version of Google Chrome.
8.3 Information on our website should not necessarily be relied upon and should not to be construed to be professional advice from us. We do not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from your reliance on such information.
8.4 If your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the site shall be to discontinue using the site.
9. Liability and insurance
9.1 Under no circumstances will we be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to our website and online courses, your website use, or the content, even if advised of the possibility of such damages.
9.2 You understand and agree that you will indemnify, defend and hold us and our affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, arising from your use of our website or your violation of these terms and conditions
9.3 The total liability of the contractor due to a shortcoming in the fulfillment of the agreement or any other reason, explicitly including any failure in the performance of a Client agreed warranty is limited to the amount of the price stipulated in the agreement. In case of damage due to death or injury, liability is limited to five times the amount of the agreed upon contract price. The limitation of liability shall apply mutatis mutandis to any indemnification obligation of the Contractor. If the agreement is primarily a continuing performance agreement with a term exceeding one year, the price stipulated for the agreement shall be set at a maximum of 50% of the total of the fees for one calendar year.
9.4 The Contractor's liability for indirect damages, consequential damages, lost profits, lost savings, loss of goodwill, damage through business interruptions, damage ensuing from claims by customers of the Client, damages related to the use of prescribed materials by the Client to the Contractor, damages to equipment or software of third parties prescribed by the Client to the Contractor are excluded. Also excluded is the liability of the Contractor on account of mutilation, destruction or loss of data or documents.
9.5 The exclusions and limitations of liability of the Contractor, as described in the preceding paragraphs of this article, do not affect the other exclusions and limitations of liability of the Contractor in accordance with these terms and conditions.
9.6 The aforementioned exclusions and limitations in article 9.1 through 9.4 shall not apply if and insofar the damage is the result of deliberate or willful recklessness by the Contractor.
9.7 The condition for the existence of any right to compensation is always that the damage must be reported in writing by the Client to the Contractor as soon as possible after its occurrence. Any claim to damages against the Contractor shall be extinguished by the mere lapse of three months after the claim arises.
9.8 Client shall safeguard the Contractor against all claims from third parties.
9.9 The provisions of this article and all other restrictions and exclusions of liability set out in these terms and conditions shall also apply to the benefit of all (legal) persons with whom the Contractor works with to execute the agreement.
9.10 The Client is jointly liable for all obligations deriving from the agreement. Similarly, with respect to any other persons for which the Contractor has booked/organized an activity.
9.11 The Client shall be adequately insured for all damages and any consequential damage on all possible claims that may arise during the activity and will stay adequately insured during the execution of the agreement.
9.12 Notwithstanding the foregoing clauses, the amount for which the Contractor could possibly be liable cannot exceed the amount that its insurer remunerates for the case
10. Force majeure
10.1 The Contractor is not obliged to fulfill any obligation, including any warranty obligation agreed upon between the parties, if the party is prevented from doing so due to a force majeure. Force majeure shall include: (i) force majeure of suppliers (ii) failure to properly fulfill obligations by suppliers arranged by the Client to the benefit of the Contractor, (iii) Deficiency of items, equipment, terrain, software or materials of third parties whose use set by the Client to the Contractor, (iv) governmental actions, (v) electricity failure, (vi) internet, computer or telecommunication facilities malfunctioning, (vii) work occupation, (viii) strike of Contractor’s personnel, representatives or relevant 3rd parties (ix) general transport of the Contractor’s personnel, representatives or relevant 3rd parties (x) the unavailability of one or more employees.
10.2 The Contractor has the right to terminate the agreement in the event of a force majeure situation described above. The services already performed under the agreement, will be settled proportionately in that case, without the parties owing each other anything for the remainder.
11. Obscene and offensive content
11.1 Any controversial content such as Pornography, X-Rated material, Hate, content that incites or encourages violence or illegal activities is not allowed on any of our online spaces. We reserve the right to make final determination on what shall deemed acceptable. Should you have a question about the nature of the content you wish to broadcast on any of our online spaces, please contact support directly.
11.2 If you are making video's/photos of your training activities and share it on the internet, we are not responsible for any obscene or offensive content that you receive or view from others while using our website. However, if you do receive or view such content, please contact us by e-mail so that we can investigate the matter. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove any material posted on our websites.
12. Transfer of rights and obligations
12.1 The Client is not entitled to sell and/or transfer the rights and / or obligations under the agreement to a third party, without the prior written consent of the Contractor.
12.2 The Contractor shall at all times be entitled to transfer claims to payment of fees to a third party.
13. Severability of these terms and conditions
13.1 If any part of these terms and conditions of use are determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of these terms and conditions are fully enforceable and legally binding.
If you disagree with any of these terms and conditions, please do not use OUR website, SOCIAL MEDIA OUTLETS, OR ANY OF OUR PRODUCTS AND SERVICES.
(We hope this is all common sense and not surprising in any way, and) If you find fault with any of our terms and conditions, or deem any part unclear in any way, please contact us firstname.lastname@example.org.
1. Think before you act
As with all physical activities, application of the Gymnast Fix protocol and any related practices entails some degree of physical and mental risk. Injuries and discomfort are an inherent to the sport of gymnastics. The Gymnast Fix protocol offers you tools and skills to better manage your movement patterns to assist in decreasing risk of injury and discomfort but individual results may vary. If you have any concerns or questions regarding particular exercises, always feel free to reach out to us.
2. Take responsibility for your own actions
When you act on knowledge or insight, perceived or otherwise, pertaining to the Gymnast Fix protocol, and related matters discussed on our online spaces (e.g. websites, social media, YouTube), podcasts, books, manuals, or other content outlets, or those of related third parties, you do so voluntarily, and assume full responsibility. Accordingly, you agree to not hold Gymnast Fix, LLC or its representatives, agents, suppliers, etc. responsible for any injuries or damages (you may incur) as a result.
3. this is not a medically supervised program
Nothing about the Gymnast Fix protocol should be taken as medical advice or used to treat injuries. No recommendations or suggestions (whether specific or generic) should be regarded as medical diagnosis or treatment. For qualified advice regarding medical questions, please contact us to book an in-person screening with Dr. Sloan Beard.
4. Your privacy means a lot to us
Gymnast Fix, LLC is committed to ensuring that your privacy is protected, and personal information is used to our mutual benefit only. We do require some personal information so that we can tailor our product to your profile. In order to optimize our services, we may use your information in the following way:
- We may use the information to improve our products and services. We may periodically send promotional emails about new activities, products, special offers or other information which we think you may find interesting, using the email address which you have provided. You will of course retain the option to not receive this promotional material.
- We may use the information to customize the website according to your interests.
- We may contact you with specific information or requests, either by email, phone, or post.
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required to do so by law. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you agree to this when prompted.
If you believe that any of your personal information we have is incorrect or incomplete, please e-mail us as and we will correct the information at once.
Gymnast Fix, LLC is committed to ensuring that your privacy is protected. When we ask you to provide certain information by which you can be identified when using this website you can be assured that it will only be used in accordance with this privacy statement.
InnerFire may change this policy from time to time and subsequently update this page. It is your responsibility to check this page from time to time to ensure that you are still happy with our policy.
What we collect
We may collect the following information: Name, Surname and contact information including email address and phone number. Furthermore we may collect information regarding your location, your objectives, your preferences, user feedback, or other product or service related information.
What we do with the information we gather
We use this information to better understand your needs and to provide you with a better service, in the following way:
- We may use the information to improve our products and services. We may periodically send promotional emails about new activities, products, special offers or other information which we think you may find interesting using the email address which you have provided. Unless you don’t want to of course.
- We may use the information to customize the website according to your interests.
- We may contact you with specific information or requests, either by email, phone, or physical mail.
We are committed to ensure that your information is secure. In order to prevent unauthorized access or disclosure, we work with professional 3rd parties to safeguard and secure the information we collect online.
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you accept cookies of our website, a file is added that helps to analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used most often. This helps us analyze data about web page traffic and improve our website in order to tailor it to customer needs.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Links to other websites
Our website may contain links to other websites. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, are we not and cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways: whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes.
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so.
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect