Terms and Conditions
The Participant shall not provide or make available any Documentation, Video, Audio, or any login credentials to any third party, or use the Documentation, Video, Audio, or any login member credentials to teach any third party, or otherwise disclose or discuss information revealed in any portion of the Program(s) for any purpose other than exercising rights expressly granted to you by this Agreement.
Intellectual Property: The Participant acknowledges that any Audio and/or Visual
Presentations, Documentation, and other elements of the System are the sole Intellectual Property of EKA under Australian copyright, trademark and other intellectual property laws and international treaties. The Participant further acknowledges and agrees that, as between the Participant and EKA, EKA and its third party licensors own and shall continue to own all right, title, and interest in and to the Audio and/or Visual Presentations, Documentation, and other elements, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Except for the limited, revocable license expressly granted to the Participant herein, this Agreement does not grant the Participant any ownership or other right or interest in or to the Audio and/or Visual Presentations, Documentation, and other elements of the System, or any other intellectual property rights of EKA, whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that EKA uses in connection with services rendered by EKA are marks owned by EKA. This Agreement does not grant the Participant any right, license, or interest in such marks, and the Participant shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
Indemnification: The Participant will, at their own expense, defend, indemnify, and hold EKA its agents, and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with any use of the Program(s) of this Agreement.
Health and Safety Disclaimer
It is your responsibility to disclose any physical injuries and medical conditions that have been diagnosed or any new diagnosis (examples are provided below). Should you become pregnant or are already pregnant it is your responsibility to disclose this. Always seek the advice of your physician or other qualified health professional before starting or changing any exercise program or making a lifestyle change. This is particularly important if you are overweight, pregnant, nursing, regularly taking medications, or have any existing medical conditions. Do not hold your breath if you are pregnant or have heart issues (including but not limited to high blood pressure). Do not do abdominal curls at any stage of pregnancy or lie on your stomach. Do not delay seeking a diagnosis or any medical advice or treatments based on information contained on this Site or in any of the Material available hereon. This course is not intended to provide medical advice or make medical diagnosis. The Material on this Site may not be tailored to match your energy, health or fitness level. If you are concerned about whether any exercises identified on this Site or in any of the Material are right for you, do NOT do them unless and until you have cleared it with your physician. Some of the Material available on this Site involves rigorous exercise. Make sure you exercise in a large well-lit area that is free from obstacles and that you wear comfortable clothing that doesn’t inhibit movement. Stop exercising and consult your physician if you feel dizzy, faint, light-headed or if you experience any discomfort. Seek doctor's clearance again should you become pregnant. Only you can monitor your condition during your workout. You are responsible for exercising within your limits and seeking attention and advice as appropriate. Never force or strain.
By using this platform you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes and activities from EKA, you will not exceed your limits while performing such activity, and you will select the appropriate level of classes for your skills and abilities, as well as for EKA Wellness may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition.
The creators, owners and distributors of this Site and the Material available hereon are not responsible for any injuries you may experience as a result of your use of this Site and the Material contained hereon. By remaining on this Site and/or accessing and / or using any Material, you are accepting that you have read, understood and agreed to follow these basic instructions.
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