Disclaimer

General | Exercise

Any advice relating to health or medical matters reflects the private opinion of the person giving this advice. It is not medical advice and Train Smart, Eat Smarter, its members, employees and representatives claim no medical authority or expertise whatsoever; this also applies to herbal and other alternative treatments, and dietary, fitness and nutrition-related advice of all kinds.

Train Smart, Eat Smarter takes no responsibility for any consequences resulting from following such advice. Anyone seeking health and/or medical advice is strongly advised to consult a qualified professional regardless of what he/she may read on this website.

Do not disregard medical opinion or make any changes to your healthcare based on what you may read on this site.

You are solely responsible for all decisions you make regarding your healthcare.

 

(1)     No advice

This website contains general information about nutrition, health and fitness.  The information is not advice, and should not be treated as such.

 

(2)       Credit

This document was created using an SEQ Legal template.

 

(3)       No warranties

The nutrition, health and fitness information on this website is provided without any representations or warranties, express or implied.  We make no representations or warranties in relation to the nutrition, health and fitness information on this website.

 

Without prejudice to the generality of the foregoing paragraph, we do not warrant that:

(a)       the information on this website will be constantly available, or available at all; or

(b)       the information on this website is complete, true, accurate, up-to-date, or non-misleading.

 

(4)       Professional assistance

You must not rely on the information on this website as an alternative to medical advice from your doctor or other professional healthcare provider.  If you have any specific questions about any medical matter you should consult your doctor or other professional healthcare provider.  If you think you may be suffering from any medical condition you should seek immediate medical attention.  You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information on this website.

 

(5)       Limiting our liability 

Nothing in this medical disclaimer will:

(a)       limit or exclude our liability for death or personal injury resulting from negligence;

(b)       limit or exclude our liability for fraud or fraudulent misrepresentation;

(c)        limit any of our liabilities in any way that is not permitted under applicable law; or

(d)       exclude any of our liabilities that may not be excluded under applicable law.

 

 

Exercise Disclaimer

 

(1)     Introduction

This disclaimer governs our exercise classes.  We will ask you to sign this disclaimer before taking part in any exercise class.

You acknowledge that all exercise involves a risk of personal injury, including a small risk of serious injury or death, and agree to take responsibility for your health and well-being in relation to our exercise classes.

 

(2)     Credit

This disclaimer was created using an SEQ Legal template.

 

(3)     Health and medical conditions

You acknowledge and represent that:

–  to the best of your knowledge, you suffer from no medical or physical condition or disability that will or might increase the normal risks associated with exercise; [and / or]

–  your doctor has approved your participation in our exercise classes.

We recommend that you obtain your doctor’s approval before participating in our exercise classes.

Doctors’ approvals under this section 3 must be in writing and copies must be provided to us upon request.

 

Questionnaire

You must complete and sign a health and fitness questionnaire before participating in any of our exercise classes.  You acknowledge and represent that you will complete or have completed the questionnaire to the best of your knowledge and ability.

You must inform us, as soon as possible, if:

–  you suffer from any injury, illness or other medical condition;

–  you feel any pain or discomfort during a class; or

–  you feel that any exercise included in a class would be unsafe or uncomfortable for you.

We may in our sole discretion prohibit you from participating in our class; and you must comply with all of our instructions in relation to our exercises and classes.

 

(4)     No representations or warranties

To the maximum extent permitted by applicable law and subject to section 6 below, we exclude all representations, warranties, undertakings and guarantees relating to our exercise classes.

Without prejudice to the generality of the foregoing paragraph, we do not represent, warrant, undertake or guarantee:
–  that you will not suffer from any injury arising directly our indirectly out of our exercise classes;

–  that your fitness will measurably improve as a result of participation in our exercise classes; or

–  that the exercise classes will continue to run for any specific period.

 

 

(5)     Limitations and exclusions of liability

The limitations and exclusions of liability set out in this section and elsewhere in this disclaimer: are subject to section 6 below; and govern all liabilities arising under the disclaimer or in relation to our exercise classes, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

We will not be liable to you in respect of any personal injury (including without limitation serious injury or death) that you may suffer or sustain directly or indirectly as a result of attending our exercise classes.  Nor will we be liable to you in respect of any other losses arising as a result of any such personal injury.

We will not be liable to you in respect of any of your personal property that is lost, stolen or damaged before, during or after an exercise class.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

 

 (6)     Exceptions

Nothing in this disclaimer shall: limit or exclude our liability for death or personal injury resulting from negligence; limit or exclude our liability for fraud or fraudulent misrepresentation; limit any of our liabilities in any way that is not permitted under applicable law; or exclude any of our liabilities that may not be excluded under applicable law.

 

(7)     Severability

If a section of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other sections of this disclaimer continue in effect.

If any unlawful and/or unenforceable section would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the section will continue in effect.

 

(8)     Law and jurisdiction

This disclaimer shall be governed by and construed in accordance with English law, and any disputes relating to this disclaimer or our exercise classes will be subject to the exclusive jurisdiction of the courts of England and Wales.

 

(9)    Our details

 

In this disclaimer, “we” means (and “us” and “our” refer to) [individual name] trading as [business name], which has its principal place of business at [address].

 

(10)   Instructors

The limitations and exclusions of liability in this disclaimer protect our instructors as well as protecting us.