Disclaimer and Waiver Liability

Assumption of Risk: Any purchaser or user of Gymtastics GymTools (the “Purchaser”) expressly understands, accepts and agrees that the use of Gymtastics GymTools (the “Product”) presents risk, both serious and minor, to any user of the Product, including without limit the routines, exercises, and programs included within the Product. There is an express risk that the Purchaser and/or its clients and customers participating in and/or using the gymnastic activities included in Product may be injured. The Purchaser acknowledges and agrees that participation in any gymnastic activities, including those activities set out in the Product, is strictly voluntary and have the natural risk for injury and bodily harm. By using the Product, the Purchaser and its clients and customers are voluntarily assuming this risk.

The Purchaser further acknowledges that the purchase and use of the Product does not in any way certify the Purchaser as an instructor or an expert in gymnastics or the techniques contained the Product. The Purchaser expressly and specifically assumes all risk of injury or harm in the use of the Product and assumes all responsibility for any, losses, costs and/or damages for any and all injuries or property damage suffered or incurred by the Purchaser, its clients and customers or other third parties by any means and howsoever caused. The Purchaser further acknowledges that there may be other hazards and risks that may occur without warning. If the Purchaser and/or its client and customers are unwilling to assume all the risks associated with gymnastic activities in general and the Product specifically, you should not purchase or use the Product.

Waiver and Release: The Purchaser and its affiliates, assigns, heirs, executors, administrators and successors hereby waive, release, remise and forever discharge Fedyna Inc, Darlene Fedyna and Gymtastics Inc. and their respective assigns, predecessors, affiliates, insurers, officers, directors, servants, agents, employees, assigns, heirs, executors, administrators and successors (collectively the “Released Parties”) of and from all actions, suits, debts, duties, accounts, covenants, contracts, claims and demands whatsoever related to or arising from the purchase and use of the Product.

Hold Harmless: The Purchaser further agrees that if, despite this Disclaimer and Waiver of Liability, the Purchaser, a client or customer of the Purchaser, or anyone on the Purchaser’s behalf, makes a claim against any of the Released Parties, the Purchaser WILL INDEMNIFY, SAVE AND HOLD HARMLESS EACH OF THE RELEASED PARTIES from any litigation expenses, legal fees, loss, claim, action, debt, liability, damage or cost which any of the Released Parties may incur as the result of such claim. The Purchaser acknowledges this Disclaimer and Waiver of Liability has been read in full and that the Purchaser fully and completely understands the terms and conditions contained herein. The Purchaser further understands that the Purchaser is giving up and is waiving substantial rights by accepting the terms of this Disclaimer and Waiver of Liability. The Purchaser freely accepts this Disclaimer without any influence, inducement or assurance of any nature and understands that this Disclaimer and Waiver of Liability is intended it to be a complete and unconditional release of all liability of the Released Parties to the greatest extent allowed by the law of the Province of Alberta. The Purchaser is urged to obtain independent legal advice before purchasing the Product and accepting this Disclaimer and Waiver of Liability

THE RELEASED PARTIES AS THE PRODUCERS AND DISTRIBUTORS OF THE PRODUCT DISCLAIM ANY LIABILITY OR LOSS ASSOCIATED IN ANY WAY WITH THE PRODUCT.

Intellectual Property Rights

Darlene Fedyna as the producer, publisher and distributor of the Gymtastics GymTools program, product and related materials, disclaims any liability or loss associated in any way with this material. Under no circumstances, including but not limited to negligence, shall Darlene Fedyna, Fedyna Inc., Gymtastics Inc. or their respective directors, officers or employees, assigns, heirs, executors, administrators and successors be liable in any way whatsoever for any direct, indirect, special, punitive, incidental, or consequential damages arising out of the use of these materials or reliance upon the content contained therein.

All content contained within or related to Gymtastics GymTools is the exclusive property of Darlene Fedyna and is protected by copyright and trademark laws. The Purchaser of the content in the Product may download, reproduce and use this material for the Purchaser's use only, and none of the materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, in whole or in part, other than by the Purchaser, without the prior written consent of Darlene Fedyna.

None of the Gymtastics GymTools materials may be copied or otherwise incorporated into or stored in any other website, electronic retrieval system, publication or other work in any form (whether hard copy, electronic or other) without the prior written consent of Darlene Fedyna. All trademarks used or displayed within the Gymtastics GymTools material and program are registered or unregistered trademarks of Darlene Fedyna.

Nothing contained herein or within the Gymtastics GymTools material should be interpreted to grant any license to use any such trademark without the express written permission of Darlene Fedyna.

If your intent is to use the Gymtastics GymTools or related materials for any purpose other than as permitted above, you must obtain the prior written consent of Darlene Fedyna.