COMPLETE TERMS of SERVICE and WAIVER of LIABILITY
Aerial Fit LLC owns and operates the Website, aerialfitonline.com. This document governs your relationship with aerialfitonline.com (“Website”). Access to and use of this Website and the products and services available through this Website (the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
INTELLECTUAL PROPERTY AND CONTENT
The intellectual property rights in all content (including photographic images and videos) made available to you on or through this Website remains the property of Aerial Fit LLC and are protected by copyright, trademark and other intellectual property laws and treaties around the world. All such rights are reserved by Aerial Fit LLC. Any reproduction, distribution, or public performance of all or part of any class or other information is expressly prohibited unless Aerial Fit LLC has explicitly granted its prior written consent. You are not permitted to publish, manipulate, distribute, or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website, nor may you use any such content in connection with any business or commercial enterprise other than to enhance your teaching skills. AERIAL FIT and the AERIAL FIT logo are protected by federally registered trademarks.
DISCLAIMER OF LIABILITY
The material displayed on this Website is provided without any guarantees, conditions, or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law, Aerial Fit hereby expressly excludes all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
Aerial Fit LLC does not warrant uninterrupted or error-free operation of the Website or any related service. Aerial Fit LLC is not responsible for technical failures of any kind, including but not limited to, the malfunctioning of any computer online systems or applications, media or computer equipment, website, server provider, network, hardware or software, or the unavailability or inaccessibility of any website, application or service. AERIAL FIT LLC MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY OF NONINFRINGEMENT, ARISING FROM COURSE OF PERFORMANCE OR DEALING, USAGE OR TRADE.
SAFETY PROTOCOLS AND INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Aerial Fit LLC, its owners, instructors, employees, agents, and affiliates, from any and all third-party claims, liability, damages, injury, death and/or costs arising from your use of this website and services.
The materials and resources on the Website are intended to be used by instructors as continuing education and by students for enriched learning under an instructor’s guidance. The tutorials provided on the Website begin with the highest safety protocols within industry standards. If you are not familiar with proper equipment usage and safe rigging setup and maintenance, you are responsible to gain this knowledge prior to using the resources provided on the Website. By continuing to use the Website you acknowledge you are familiar with and utilize safety protocols within industry standards and hold Aerial Fit LLC harmless for any injury that occurs to yourself or any third parties if you fail to do so.
In addition, by accessing and utilizing the information provided on this Website, you represent that you are qualified to train and provide instruction to students in the circus arts skills found on this Website. You acknowledge that you are responsible for the proper instruction, care, and safety of your student(s) and Aerial Fit LLC is not responsible for injury or loss occurring to you or your student(s) due to your negligence. Negligence is the failure to provide the degree of knowledge, care, or skills that is standard among all similar professionals in this industry.
WAIVER AND RELEASE
I hereby voluntarily agree to comply with the Terms of Service as a condition of accessing and using Aerial Fit LLC’s online services found on the Website.
I acknowledge and fully understand that Aerial Fit LLC will endeavor to provide the most effective tutorials and information to help further my goals as an instructor, but that Aerial Fit LLC cannot guarantee that the services, methods, or recommendations will be safe, effective or suitable for everyone. All such services, techniques, recommendations, and materials embodied in the services are offered without warranties or guarantees of any kind, express or implied, including, but not limited to, warranties of safety or fitness for any particular purpose. Further, I hereby waive, release, and discharge Aerial Fit LLC and all of their members, owners, employees, instructors, agents, and representatives from any and all liability from death, injuries or damages arising from, or in any way connected with, use of its services, programs, methods, recommendations, or routines, including any death, injuries or damages resulting from the negligent recommendations, acts, or omissions of Aerial Fit LLC, no matter where those injuries occur.
I acknowledge and fully understand that any physical activities, and the use of associated equipment, involve risks of serious injury, permanent disability, or death, even if done correctly and with the utmost attention to safety. These risks include, but are not limited to, fainting; broken bones; strained or torn muscles; torn or strained ligaments, tendons, and other connective tissues; herniated discs and other spinal injuries; cardiovascular or cerebrovascular events, including heart attack or stroke; conditions related to overexertion, including heat stroke/exhaustion or rhabdomyolysis; or damage to the nervous system, including irreversible damage to the brain or spinal cord. I further acknowledge and fully understand that participation in any physical activities could aggravate a pre-existing condition, whether known or unknown, and that there may be other risks associated with my participation in fitness or exercise activities that are not known or not reasonably foreseeable at this time. I further acknowledge and fully understand that all of the foregoing risks are especially pronounced in an online programming setting, such as that embodied by the educational services provided by Aerial Fit LLC because I will necessarily be engaging in physical activities and instruction on my own, without real-time supervision by Aerial Fit LLC, in a facility or location over which Aerial Fit LLC has no control. I hereby acknowledge and accept the foregoing risks and dangers. Further, I hereby waive, release, and discharge Aerial Fit LLC from any and all liability from death, injuries or damages arising from, or in any way connected with, Aerial Fit’s continuing education services; Aerial Fit LLC’s instruction, programming, advice or recommendations; the use of any routines, equipment or machinery, whether or not they were recommended by Aerial Fit LLC; or my engagement in any fitness or exercise activities, including any death, injuries or damages resulting from the negligent recommendations, acts, or omissions of Aerial Fit LLC, no matter where those injuries occur.
MEMBERSHIP, AUTO-RENEWAL AGREEMENT TERMS AND CHARGE AUTHORIZATION
To access the tutorials and premium content on the Website you must become an Aerial Fit Online Member as a monthly or yearly subscriber. More information about the membership may be found on the Website.
To become an eligible member in an Aerial Fit online all access plan you will enroll in the autopay membership using a valid credit or debit card for a monthly subscription which is billed monthly or a yearly subscription which is billed on a yearly basis. As part of your enrollment or continued membership, you may be required to submit additional membership documents, agreements, and waivers from time to time. To continue to be eligible for the Aerial Fit online all access plan, your membership and membership account must remain in good standing with Aerial Fit at all times. Once your eligibility ceases, for example by not keeping updated credit card info on file, you may not take advantage of the online all access benefits. Monthly payments are for an entire month as based on a member’s monthly billing cycle.
You understand that your membership will continue to renew monthly until you properly cancel your membership. You authorize Aerial Fit, LLC, and its third-party payment processor(s) to charge your debit or credit card on a monthly basis or yearly basis as appropriate for the price of your Aerial Fit online all access plan membership, and for any other fees and charges you incur using your membership or for any other services provided or products sold by Aerial Fit LLC.
Memberships are nonrefundable, and Aerial Fit does not provide refunds or credits for any partial month with one exception.
7 Day Money Back Guarantee
You may request a refund if you are within the first 7 days of your original purchase. The 7 Day Money Back Guarantee does not apply to upgrades, downgrades or membership renewal payments. No refunds will be given after the first 7 days of your original purchase. To request a refund submit a request via our contact form.
LINKING TO THE WEBSITE HOMEPAGE
You may link to our home page, provided you do so in a way that does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and Aerial Fit LLC will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of this Website or to your downloading of any material posted on it.
Aerial Fit LLC shall have the right in its absolute discretion at any time and without notice to amend, remove, or modify the Services and/or any portion of this Website.
If a court of competent jurisdiction, or any other legal authority or governmental agency, declares any provision of these Terms of Service invalid, such invalidation shall not affect the remaining provisions of the Terms of Service, which shall remain in full force and effect. If any sentence, clause, phrase, or term of any section of the Terms of Service is deemed invalid, the remainder of that section shall remain in full force and effect.
CHOICE OF LAW
These Terms of Service and any disputes arising under or related to them will be governed by United States federal law and the laws of the State of South Carolina, without reference to a state’s conflict of law principles.
Aerial Fit LLC is not responsible or liable to you, or any person claiming through you, for failure to supply or fulfill any Aerial Fit LLC services, without limitation, in the event Aerial Fit LLC operations are affected by any acts of god, any action, regulation, order, or request by any governmental or quasi-governmental entity, equipment failure, actual threatened terrorist acts, weather, natural phenomenon, war (declared or undeclared), fire, embargo, labor dispute or strike, labor or material shortage, transportation, interruption of any kind, civil disturbance, insurrection, riot, epidemic, pandemic, public health or safety issues or matters, or any laws, rules, regulations or orders or other action adopted or taken by any national, federal, state, provincial, or local government authority, or any other cause, whether or not specifically mentioned above.
Aerial Fit LLC reserves the right to seek all remedies available at law and in equity for violations of any of these Terms of Service, including suspending or blocking your access to your account, or terminating your participation in any or all services you have subscribed to.
If you have any questions regarding Aerial Fit LLC services provided on the Website or these Terms of Service, contact us at: [email protected]