VIGOR Training Waiver & Terms of Membership
Congratulations on your decision to participate in VIGOR Training!
This section explains the risks you are assuming by participation in an exercise program. It is important that you read and understand it completely. After you have done so, complete your registration process, which confirms you’ve accepted the contents of this page.
Waiver, Informed Consent, and Covenant Not to Sue
I have volunteered to participate in the VIGOR Training fitness program, but may not be limited to, weight and/or resistance training.
In consideration of VIGOR Training’s agreement to instruct, assist, and train me, I do here and forever release and discharge and hereby hold harmless VIGOR Training LLC, and their respective agents, heirs, assigns, contractors, and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected with my participation in this or any exercise program including any injuries resulting there from.
This waiver and release of liability includes, without limitation, injuries which may occur as a result of (1) equipment that may malfunction or break (2) any slip, fall, dropping of equipment and (3) our negligent instruction.
Assumption of Risk
I acknowledge that at the time of this agreement, I am 18 years old or older, or a parental guardian is signing this in behalf of a minor.
I recognize that exercise might be difficult and strenuous and that there could be dangers inherent in exercise for some individuals.
I acknowledge that the possibility of certain unusual physical changes during exercise does exist. These changes include abnormal blood pressure; fainting; disorders in heartbeat; heart attack; and, in rare instances, death.
I understand that as a result of my participation, I could suffer an injury or physical disorder that could result in my becoming partially or totally disabled and incapable of performing any gainful employment or having a normal social life.
I recognize that an examination by my physician must be obtained prior to involvement in this exercise program.
I acknowledge and agree that I assume the risks associated with any and all activities and/or exercises in which I participate.
I acknowledge that I have thoroughly read this waiver and release and fully understand that it is a release of liability. By completing the registration for VIGOR Training, I waive any right I or my successors might have to bring a legal action or assert a claim against VIGOR Training LLC, or others referred into this document for any negligence or that of our employees, agents, or contractors.
Membership Terms and Conditions
By purchasing a membership you represent and warrant that you are at least eighteen years of age and agree to be bound by these terms and conditions governing your subscription to VIGOR Training (hereafter stated as “VIGOR”) membership-based content, owned by VIGOR Training LLC.
If you are not at least eighteen years of age and/or do not accept the terms and conditions governing the use of VIGOR’S membership-based content, do purchase a membership on the registration page and your transaction will be cancelled.
By agreeing to these terms and conditions, you agree not to share your login information or any content and intellectual property found in VIGOR with any third party.
In the event that you share your login information, any of the content or intellectual property found in VIGOR with any third party without express written permission from the company, we reserve the right to immediately cancel your membership without a refund, and to pursue any and all remedies available under the law.
Agreement and Release of Liability
In consideration of being allowed to participate in the activities and programs offered in VIGOR Training program, and to use its programs and training, in addition to the payment of any fee or charge, I do hereby waive, release and forever discharge and hold harmless VIGOR Training and its trainers, officers, agents, and employees from any and all responsibility, liability, lost and expenses, including injuries or damages, resulting from my participation in any activities, or my use of any programs designed by the VIGOR staff. I do also hereby release trainers, officers, agents and employees from any responsibility or liability for any injury, damage or disorder (physical, metabolic, or otherwise) to myself, or in any way arising out of or connected with my participation in any activities with VIGOR.
I understand and am aware that strength, flexibility, and aerobic exercise, including the use of equipment are a potentially hazardous activity. I also understand that fitness activities involve a risk of injury and even death, and that I am voluntarily participating in these activities and using equipment and machinery with knowledge of the dangers involved. I hereby agree to expressly assume and accept any and all risks of injury or death related to said fitness activities.
I do hereby further declare myself to be physically sound and suffering from no condition, impairment, disease, infirmity or other illness that would affect nutrient metabolism or prevent my participation or use of equipment or machinery except as hereinafter stated. I do hereby acknowledge that VIGOR Training has recommended to me that I obtain a physician’s approval for my participation in an exercise/fitness activity or in the use of exercise equipment and machinery. I also acknowledge that VIGOR has recommended that I have a yearly or more frequent physical examination and consultation with my physician as to physical activity, exercise and use of exercise and training equipment so that I might have his/her recommendations concerning these fitness activities and equipment use. I acknowledge that I have either had a physical examination and been given my physician’s permission to participate, or that I have decided to participate in activity and use of equipment, machinery, and programs designed by VIGOR Training without the approval of my physician and do hereby assume all responsibility for my participation and activities, and utilization of equipment and machinery in my activities. In addition, I hereby represent and warrant that I am currently covered by an accident and health insurance policy.
With my purchase of VIGOR, I understand that I am not purchasing individual consultation services (unless they are paid at time of checkout) and I neither expect nor presume any requirement on the part of the the company to answer specific, direct questions about the templates nor their modification procedures. I also agree that the templates are not a guaranteed guide to results of any sort and agree not to hold the company liable for any outcomes or a lack thereof.
All intellectual property generated for VIGOR is the property of VIGOR Training LLC and can not be reproduced, regenerated or taken for commercial use without the express written consent of the company. This includes, but is not limited to, the training and workouts, information, educational videos, workout descriptions, blog posts, Facebook group content, and website content provided as part of the membership. This also includes, without limitation, all database rights, and rights to designs and logos, and all other intellectual or industrial property rights in any jurisdiction in any information, content, materials, data or processes. Any republication of this content or material will result in immediate cancellation of your membership with no refund given. All rights of VIGOR Training, in such Intellectual Property Rights, are hereby reserved.
VIGOR Training LLC will only have access to your contact information and shall have no access to your credit card information. You will be billed the amount due at the time of checkout, and then monthly thereafter. Payments will be processed by Braintree or Stripe unless you cancel your membership.
Failure to pay your membership fees will result in a suspension or cancellation without refund of your membership to VIGOR. VIGOR reserves the right to pursue delinquent payments owed by any and all means permissible under the law, including use of a collection agent.
Messaging Terms & Conditions
Effective Date: October 01, 2020
This SMS message program is a service of Tom Nikkola. By providing your cell phone number, you agree to receive recurring automated promotional and personalized marketing text messages (e.g., SMS/MMS cart reminders, sale notices, etc) from Tom Nikkola. These messages include text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. You give Tom Nikkola permission to send text messages to the enrolled cell phone number through your wireless phone carrier, unless and until you end permission per these Terms & Conditions. Consent to receive automated marketing text messages is not a condition of any purchase. Message & data rates may apply.
Message frequency may vary. Tom Nikkola reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Tom Nikkola also reserves the right to change the short code or phone number from which messages are sent and we will notify you if we do so.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Tom Nikkola, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
Text the keyword STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message to cancel. After texting STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message you will receive one additional message confirming that your request has been processed. If you change your preferences, it may take up to 48 hours for it to take effect. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Tom Nikkola and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Tom Nikkola through any other programs you have joined until you separately unsubscribe from those programs.
Help or Support
Text the keyword HELP to the telephone number, long code, or short code that sends you our initial confirmation message to receive a text with information on how to unsubscribe.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT THE MESSAGING PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
Limitation of Liability
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL EITHER OF Tom Nikkola OR ANY PARTY ACTING ON BEHALF OF Tom Nikkola BE LIABLE FOR: (A) ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AGGREGATE AMOUNT EXCEEDING THE GREATER OF THE AMOUNT YOU PAID TO Tom Nikkola HEREUNDER OR $100.00; OR (B) ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR ANY OTHER DAMAGES. YOU AGREE EVEN IF Tom Nikkola HAS BEEN TOLD OF POSSIBLE DAMAGE OR LOSS ARISING OR RESULTING FROM OR IN ANY WAY RELATING TO YOUR USE OF THE Tom Nikkola MESSAGING PROGRAM. Tom Nikkola AND ITS REPRESENTATIVES ARE NOT LIABLE FOR THE ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO DELAYS OR NON-DELIVERY IN THE TRANSMISSION OF MESSAGES.
To the maximum extent allowed by applicable law, you agree to indemnify, defend and hold harmless Tom Nikkola, its directors, officers, employees, servants, agents, representatives, independent contractors and affiliates from and against any and all claims, damages, liabilities, actions, causes of action, costs, expenses, including reasonable attorneys’ fees, judgments or penalties of any kind or nature arising from or in relation to the these Messaging Terms or your receipt of text messages from Tom Nikkola or its service providers.
- General. Any dispute or claim arising out of or in any way related to these Messaging Terms or your receipt of text messages from Tom Nikkola or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a dispute or claim arises will be resolved by binding arbitration. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND Tom Nikkola ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY ARBITRATION.
- Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Tom Nikkola to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
- Arbitrator. Any arbitration between you and Tom Nikkola will be governed by the JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
- No Class Actions. YOU AND Tom Nikkola AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Tom Nikkola agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. You agree that, by agreeing to these Messaging Terms, you and Tom Nikkola are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
- No Class Actions. YOU AND Tom Nikkola AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Tom Nikkola agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
- Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if Tom Nikkola makes any future change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Tom Nikkola’s contact information provided in the “Contact Us” section below, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Tom Nikkola.
- Enforceability. If any provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.
Changes to the Messaging Terms
We reserve the right to change these Messaging Terms or cancel the messaging program at any time. By using and accepting messages from Tom Nikkola after we make changes to the Messaging Terms, you are accepting the Messaging Terms with those changes. Please check these Messaging Terms regularly.
These Messaging Terms, together with any amendments and any additional agreements you may enter into with us in connection herewith, will constitute the entire agreement between you and Tom Nikkola concerning the Messaging Program.
Please contact us with any inquiries or concerns at [email protected] or write to us at: 290 Market St., Minneapolis, MN 55405.