Terms & Liability Waiver
Effective date: February 1st, 2021.
These Website Standard Terms and Conditions written on this webpage shall manage your use of our website, Nakoa Performance accessible at nakoafit.com.
These Terms will be applied fully and affect to your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.
Minors or people below 18 years old are not allowed to use this Website.
Intellectual Property Rights
Other than the content you own, under these Terms, Nakoa Performance & Physical Therapy and/or its licensors own all the intellectual property rights and materials contained in this Website.
You are granted limited license only for purposes of viewing the material contained on this Website.
You are specifically restricted from all of the following:
- publishing any Website material in any other media;
- selling, sublicensing and/or otherwise commercializing any Website material;
- publicly performing and/or showing any Website material;
- using this Website in any way that is or may be damaging to this Website;
- using this Website in any way that impacts user access to this Website;
- using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
- using this Website to engage in any advertising or marketing.
Certain areas of this Website are restricted from being access by you and Nakoa Performance & Physical Therapy may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.
In these Website Standard Terms and Conditions, "Your Content" shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant Nakoa Performance & Physical Therapy a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be invading any third-party’s rights. Nakoa Performance & Physical Therapy reserves the right to remove any of Your Content from this Website at any time without notice.
This Website is provided "as is," with all faults, and Nakoa Performance & Physical Therapy express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.
Limitation of liability
In no event shall Nakoa Performance & Physical Therapy, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. Nakoa Performance & Physical Therapy, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
You hereby indemnify to the fullest extent Nakoa Performance & Physical Therapy from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms
Nakoa Performance & Physical Therapy is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.
The Nakoa Performance & Physical Therapy is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
These Terms constitute the entire agreement between Nakoa Performance & Physical Therapy and you in relation to your use of this Website, and supersede all prior agreements and understandings.
Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the State of us, and you submit to the non-exclusive jurisdiction of the state and federal courts located in us for the resolution of any disputes.
- I RISK SICKNESS, BODILY INJURY, INCLUDING PARALYSIS, DISMEMBERMENT, DISABILITY and DEATH, and while particular rules, equipment, staff and discipline may reduce this risk, THE RISK OF INJURY DOES EXIST IN ANY AND ALL FORMS OF PARTICIPATION WITH Nakoa Performance & PHYSICAL THERAPY, INCLUDING, BUT NOT LIMITED TO PARTICIPATION WITHIN THE FACILITY OR THROUGH VIRTUAL OR ONLINE PROGRAMS AS WELL; there is also a risk of damage to or loss of property;
- I KNOWINGLY AND FREELY ASSUME ALL SUCH RISK; both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERS;
- I willingly agree to comply with the stated and customary terms and conditions for participation. If, however, I observe any unusual or unnecessary hazard during my presence or participation, I will bring such to the attention of the instructor or staff immediately.
- I understand that any recommendation for physical or nutritional changes including, but not limited to exercise routine, diet, supplementation, and extracurricular activity are entirely my responsibility and that I should consult a physician prior to undergoing any of these physical or nutritional changes.
- I understand it is advised to consult with my physician prior to undertaking any physical exercise program.
- I confirm that I am in good health and physical condition and that I have no disability impairment or ailment preventing me from engaging in active or passive exercise or that will be detrimental or inimical to my own health, safety, comfort, or physical condition or that of others if I do engage or participate. I agree that I will not use the facility with any open cuts, abrasions, infections, fevers over 100°F, maladies with the potential of harm to others, or otherwise in accordance with public health requirements to the best of my knowledge.
- I, FOR MYSELF, AND ON BEHALF OF MY HEIRS, PERSONAL REPRESENTATIVES, and NEXT OF KIN, HERBY RELEASE, HOLD HARMLESS AND PROMISE NOT TO SUE Nakoa Performance & Physical Therapy, ITS OFFICERS, VOLUNTEERS, STAFF, AND/OR AGENTS, OR THE INSTRUCTOR OF THE TRAINING SESSION OR EXERCISE CLASS (“RELEASEES”) WITH RESPECT TO ANY AND ALL INJURY AND/OR LOSS ARISING FROM MY PARTICIPATION, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, EXCEPT THAT WHICH IS THE RESULT OF GROSS NEGLIGENCE OR WANTED MISCONDUCT, TO THE FULLEST EXTENT PERMITTED BY LAW.
- I hereby grant permission to Nakoa Performance & Physical Therapy and its agents and employees the irrevocable and unrestricted right to reproduce any photographs and/or video images taken of me for the purpose of publication, promotion, illustration, advertising, or trade, in any manner or in any medium. I hereby release Nakoa Performance & Physical Therapy and its legal representatives for all claims and liability relating to said images or videos. Furthermore, I grant permission to use any of my statements that were given during conversation, interviews or sessions with a staff member with or without my name, for the purpose of advertising and publicity without restriction. I waive any right to inspect or approve the finished product wherein my likeness appears. I waive my right to any compensation.
- I understand and accept that Nakoa Performance & Physical Therapy sends multiple forms of communication including emails and texts which I will automatically be subscribed to. I understand that I can change my preferences at any time by simply letting the front desk know or for texts by texting STOP to (760) 209-1035.
- I have carefully read this waiver and fully understand it is a release of liability and I agree to it freely and voluntarily without any inducement.
If you have any questions, concerns or complaints about these policies, please contact us at [email protected]