Terms & Conditions
Membership & Release of Liability
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the anchorupfit.com website (the "Service") operated by Anchor Up Fitness and Nutrition ("us", "we", or "our"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Membership Agreement –
WAIVER AND RELEASE OF LIABILITY
In consideration of the risk of injury while participating in training, programs, and/or events (the "Activity"), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge
Anchor Up Fitness and Nutrition, LLC, located at 2464 S Highway 29, Cantonment, Florida 32533,
their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY.
I agree to indemnify and hold harmless Anchor Up Fitness and Nutrition, LLC against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Anchor Up Fitness and Nutrition, LLC incurs any of these types of expenses, I agree to reimburse Anchor Up Fitness and Nutrition, LLC.
I acknowledge that Anchor Up Fitness and Nutrition, LLC and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Anchor Up Fitness and Nutrition, LLC.
I acknowledge that this Activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, and property loss. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event.
I acknowledge and will adhere the following rules of sauna use:
1. Do not drink alcohol as this may make you tired, drowsy or sleepy. This is not a good thing as it may inadvertently affect the amount of time you spend in the sauna. This could lead to dehydration.
2. Do not consume soda, sugary drinks or drinks containing caffeine before your sauna. A few glasses of water is highly recommended to reduce the risk of dehydration or heat stroke. When you are sweating profusely you can quickly deplete your bodies water content.
3. Do not use the sauna after a large meal. It is advisable to wait between 1 and 2 hours after eating before entering the sauna.
4. Do remove all clothing if at all possible as they tend to stick to damp skin and may cause overheating. No jewelry should be worn either as metal tends to heat up quickly and can cause burns.
5. Do not allow children , as posted, in a sauna unless otherwise cleared by Anchor Up Fitness and Nutrition.
6. Do not use a sauna if you suffer from certain medical issues as it may have an adverse effect. A few of these conditions are: severe aortic stenosis, recent heart attack, unstable angina, a brain tumor or a stroke caused by bleeding in the brain.
7. It is inadvisable to use a sauna if you have any silicon implants or surgical replacements (Hip, Knee) until you have consulted your physician as it is a little controversial at this stage.
8. For other medical conditions you should check with your primary health care professional. It is always a good idea to ask for medical advise as a sauna can also have adverse effect on certain medications. No sauna safety tips are complete without saying “See your doctor first”.
9. Do not stay in the sauna if at any time you feel nauseated or light headed as this could indicate your body is detoxifying at a greater speed than it should or the temperature is to high.
I hereby affirm that I am entering a course or instruction in physical fitness and/or performance training and/or nutritional consultation. By enrolling in this course I certify that I am cognizant of all of the inherent dangers of physical fitness and therapy, nutrition and diet changes, and the basic safety rules for activities connected herewith.
I understand and agree that neither The Diet Doc, LLC, nor its owners, operators, agents, or instructors may be held liable in any way for any occurrence in connection with my physical fitness and performance or nutrition/diet changes, which may result in injury, death, or damages to me or my family, heirs, or assignees. I further acknowledge and forever release The Diet Doc, LLC, its owners, operators, agents, and instructors in connection directly or indirectly with my physical fitness training and therapy and nutrition/diet changes as a result of The Diet Doc, LLC, its owners, operators, agents, and instructors own negligence, which may result in injury, death, or damages to me or my family, heirs, or assignees.
In consideration of being allowed to enroll in this course I hereby personally assume all risks connected with the course, and I further release The Diet Doc, LLC, the instructors, program, agents, and operators, including but not limited to the persons mentioned for any injury or damage which may be incurred by me while I am enrolled in the fitness or performance course and nutrition/diet programs, including all risks connected therewith, whether foreseen of unforeseen; and further to save and hold harmless the program and persons from any claim by me, or my family, estate, or heirs, or assignees, arising out of my enrollment and participation in this course.
I further state that I am of lawful age and legally competent to sign this aforementioned release; that I understand that the terms herein is contractual and not a mere recital; and that I have signed this document as my own free act.
I have fully informed myself of the contents of this aforementioned and release by reading it before I sign it, I have been advised to submit at my own expense and time, to a medical examination to ensure myself, and assume my own responsibility of physical fitness and capability to perform under the normal conditions of the fitness and therapy program and/or nutrition/diet program, and am physically fit as tested by medical examination. I also understand that the owner reserves the right of membership.
I agree that I am purchasing a consulting program, which requires skill and assessment of professional staff. I understand that customized programming is being created solely for me. Due to the proprietary and intellectual property involved, refunds will not be issued.
I am aware that computer e-mail, texts, and e-fax communication, can be relatively easily accessed by unauthorized people and hence can compromise the privacy and confidentiality of such communication. I understand that e-mails, texts, and e-faxes, in particular, are vulnerable to such unauthorized access due to the fact that servers or communication companies may have unlimited and direct access to all e-mails, texts and e-faxes that go through them and while data on The Diet Doc, LLC, staff computers and electronic devices. I understand it is always a possibility that e-faxes, texts, and e-mail can be sent erroneously to the wrong address and computers and that unencrypted e-mail or texts provide as much privacy as a postcard. I agree not to communicate any information to my consultant that I would not want to be included on a postcard that is sent through the Post Office. I understand that e-mail messages on my computer, my laptop, tablet, phone or other devices have inherent privacy risks – including when my e-mail access is provided through my employer or when access to my e-mail messages is not password protected.
I understand that e-mails, faxes, and texts are all part of my clinical records and that phone messages are transcribed and sent via unencrypted e-mails.
I understand that I can decide to avoid or limit, in any way, the use of e-mail, texts, cell phone calls, phone messages, or e-faxes by notifying The Diet Doc, LLC. I understand that if I communicate confidential or private information via unencrypted e-mail, texts or e-fax or via phone messages, it will be assumed that I have evaluated the risks and made an informed decision and The Diet Doc, LLC, will view it as my agreement to take the risk that such communication may be intercepted, and my desire to communicate on such matters will be honored.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Anchor Up Fitness and Nutrition, LLC AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR
WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Anchor Up Fitness and Nutrition, LLC FOR PERSONAL INJURY OR PROPERTY DAMAGE.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Anchor Up Fitness and Nutrition, LLC, its agents, and employees.
In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
In the event that any damage to equipment or facilities occurs as a result of my or my family's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.
This Agreement was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant and Anchor Up Fitness and Nutrition, LLC agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
I, the undersigned participant, affirm that I am of the age of 18 years or older, and that I am freely signing this agreement. I certify that I have read this agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract and that I am signing it of my own free will.
PHOTO USE RELEASE
I hereby grant and authorize Anchor Up Fitness and Nutrition, LLC the right to take, edit, alter, copy, exhibit, publish, distribute and make use of any and all pictures or video taken of me to be used in and/or for legally promotional materials including, but not limited to, newsletters, flyers, posters, brochures, advertisements, fundraising letters, annual reports, press kits and submissions to journalists, websites, social networking sites and other print and digital communications, without payment or any other consideration. This authorization extends to all languages, media, formats and markets now known or hereafter devised. This authorization shall continue indefinitely, unless I otherwise revoke said authorization in writing.
I understand and agree that these materials shall become the property of Anchor Up Fitness and Nutrition, LLC and will not be returned.
I hereby hold harmless, and release Anchor Up Fitness and Nutrition, LLC from all liability, petitions, and causes of action which I, my heirs, representative, executors, administrators, or any other persons may make while acting on my behalf or on behalf of my estate.
If the person signing is under the age of consent, then this release is assumed to be signed by a parent or guardian
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases. We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. Due to the nature of intellectual property and ecommerce law, there are no refunds for programming purchases. We may offer the option to schedule one of more payments to be automatically deducted from your checking, savings, or credit account ("Subscription billing"). When you make a purchase with subscription billing, your payment authorization will remain in effect until the programming agreement is paid in full, and you agree to notify Anchor Up Fitness and Nutrition in writing of any changes in your account information or termination of this authorization at least 15 days prior to the next billing date. If the above noted periodic payment dates fall on a weekend or holiday, the payment may be executed on the next business day. In the case of an ACH/EFT Transaction being rejected for Non Sufficient Funds (NSF), Anchor Up Fitness and Nutrition may at its discretion attempt to process the charge again within 30 days, and an additional service charge for each attempted and returned NSF will be initiated as a separate transaction from the authorized recurring payment. The origination of ACH/EFT transactions to your account must comply with the provisions of U.S. law. You agree not to dispute this recurring billing with your bank so long as the transactions correspond to the terms indicated here. You may prepay any portion of the total purchase amount without penalty. Failure to continue ACH/EFT transactions to fulfill your purchase results in the remainder of the program cost to come due immediately.
Availability, errors and inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.