Disclaimer and Waiver Liability
Assumption of Risk: Any purchaser or user of Gymtastics GymTools (the “Purchaser”) expressly understands and agrees that the use of Gymtastics GymTools (the “Product”) presents risk to any user of the Product, both serious and minor. There is an express risk that the Purchaser may be hurt by using the Product. If you are unwilling to assume all the risks associated with the Product, do not accept the terms contained herein. The Purchaser further acknowledges that the purchase and use of the Product does not in any way certify the Purchaser as an instructor in the techniques contained herein. 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 suffered by the Purchaser or to the property of the Purchaser by any means and howsoever caused. The Purchaser further acknowledges that there may be other hazards and risks that may occur without warning.
Waiver and Release: The Purchaser and his or her heirs, executors, administrators, successors and assigns hereby waive, release, remise and forever discharge Fedyna Inc. and Gymtastics Inc. and their respective assigns, predecessors, affiliates, insurers, officers, directors, servants, agents and employees (collectively the “Released Parties”) of and from all actions, suits, debts, duties, accounts, covenants, contracts, claims and demands whatsoever.
Hold Harmless: The Purchaser further agrees that if, despite this Disclaimer the Purchaser or anyone on the Purchaser’s behalf, makes a claim against any of the Released Parties, the Purchaser WILL INDEMNITY, SAVE AND HOLD HARMLESS EACH OF THE RELEASED PARTIES from any litigation expenses, legal fees, loss, liability, damage or cost which any of the Released Parties may incur as the result of such claim. The Purchaser acknowledges this Disclaimer 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. The Purchaser freely accepts this Disclaimer without any influence, inducement or assurance of any nature and understands that this Disclaimer 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 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
Fedyna Inc. 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 Fedyna Inc. or its Directors, officers or employees, 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 Fedyna Inc. and is protected by copyright laws. The purchaser of this content 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 Fedyna Inc.
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 Fedyna Inc.
All trademarks used or displayed within the Gymtastics GymTools material and program are registered or unregistered trademarks of Fedyna Inc.
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 Fedyna Inc.
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 Fedyna Inc.