BY USING ECHELON PRODUCTS OR SERVICES, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT USE ECHELON PRODUCTS OR SERVICES IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE ECHELON WEBSITE, APPS OR ANY OF THEIR CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
NOTICE TO PARENTS AND/OR GUARDIANS: You are responsible for monitoring and supervising your child's use of the Products and Services. If your child is using the Products or Services without your express consent and is under the age of eighteen (18), please contact us immediately so that we can disable his or her access. No child under the age of thirteen (13) may use the Products and Services. Please keep all children under the age of thirteen (13) away from the Products.
IMPORTANT WARNING: Children under the age of thirteen (13) and all animals should be kept away from the Products.
The Echelon products and Services promote physical activity. Consider the risks involved and consult with your physician or a medical professional before engaging in any physical activity. THIS IS PARTICULARLY TRUE IF YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD PRESSURE, HEART DISEASE OR OTHER MEDICAL CONDITION THAT MAY BE IMPACTED BY A CHANGE TO DIET OR EXERCISE, OR IF YOU HAVE EVER EXPERIENCED DISCOMFORT WHILE EXERCISING. NOTHING STATED OR POSTED ON THE SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR PROFESSIONAL ADVICE OR CARE. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. Echelon is not responsible or liable for any injuries or damages you may sustain that result from any activities on Echelon products or promoted through Echelon’S products and Services.
These terms and conditions (these "Terms") apply to your use of Echelon products (the “Products”) and services (“Services”) owned, licensed, leased and/or operated by commercial third parties (each an “Owner”), whether through echelonfit.com, through mobile, desktop, or device applications (including iOS and Android applications (each an “App” and together the “Apps”)) (collectively, the "Site") or otherwise, at each Owner’s respective business location and/or at any location chosen, made available by and/or furnished by the Owner (each a “Facility”), in addition to any other terms and conditions that may be applicable to any such use as provided in the Site or other agreement between you, an Owner, and/or Echelon Fitness Multimedia LLC, its affiliates, subsidiaries, successors, or assigns (collectively referred to as “Echelon”, "us", "we", or "our" as the context may require). These Terms are subject to change by Echelon without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on the Site, and you should review these Terms before using any Products and/or Services that are available through the Site. Your continued use of the Site, Products, or Services after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
These Terms apply generally to the use of all Services, including, but not limited to, the Site, any Echelon subscription, the App and studio interfaces, and Echelon social media pages. By registering as a member or by visiting, browsing, or using the Services in any way, you accept and agree to be bound by these Terms, which form a binding agreement between you and Echelon. You should also carefully review our separate Terms and Conditions and Privacy Policy located on the Site before utilizing or placing an order for Products or Services through the Site. All rights not expressly granted by Echelon in these Terms are reserved.
The Services and the content provided by Echelon are available for users of various skill levels, for a variety of activities, and for varying durations. Content may not always be available and is subject to change at any time with or without notice and without any liability to you. Certain content is intended for informational purposes only and should not be considered medical or healthcare advice.
Prior to using the Services, it is important for you to know and understand that by accessing and/or using the Services through any means, you are agreeing to accept certain liability limitations and legal and health disclaimers, which we further explain throughout these Terms. In other words, your use of the Services is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Services or your access and use of the Services. If you have any questions or concerns regarding the terms or conditions herein, please email us at corporatecounsel@echelonfit.com.
We provide the Services without warranty on an “AS IS” and “AS AVAILABLE” basis. You therefore use the Services at your own risk.
WE expressly disclaim any and all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment and any other warranty that might arise under any law. Without limiting the foregoing, ECHELON makes no representations or warranties: That the PRODUCTS OR ServiceS, or any particular fitness or weight-loss program is suitable for you; Regarding the adequacy or safety of the ServiceS for any particular user; That the products or ServiceS will meet your personal needs; That the products or ServiceS will be permitted in your jurisdiction; That the ServiceS will be uninterrupted or error-free; Concerning any content submitted by any member; Concerning any third party's use of content that you submit; That ECHELON will continue to support any particular feature of any ServiceS; or Concerning sites and resources outside of the ServiceS, even if linked to/from the ECHELON ServiceS.
ECHELON reserves the right to modify the ServiceS. echelon shall not be responsible for providing access (e.g., computer, mobile device, Internet connection, etc.) to the ServiceS. ECHELON has no obligation to screen or monitor any content and does not guarantee that any content made available on the ServiceS complies with thESE TERMS or is suitable for all users. ECHELON shall not be responsible for loss or corruption of data, and you hereby waive all claims with respect to damage to your computer system, internet access, download or display device. To the extent that a secondary party may have access to or view ECHELON content on your computer or mobile device, you are solely responsible for informing such party of all provisions, terms, disclaimers and warnings in thESE TERMS. To the extent any disclaimer or limitation of liability in thESE TERMS does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the ServiceS, and no warranties shall apply after such period. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. ECHELON COACHING OR TRAINING SERVICES ARE INTENDED SOLELY AS GENERAL FITNESS INFORMATIONAL MEANS BY WHICH MEMBERS AND/OR USERS CAN COMMUNICATE WITH ECHELON TRAINER COACHES. ECHELON DOES NOT REPRESENT IN ANY WAY THAT ANY NUTRITIONAL OR FITNESS ADVICE PROVIDED BY A TRAINER COACH CONSTITUTES QUALIFIED EXPERT ADVICE. IF YOU ENCOUNTER AN ECHELON COACH WHO IS PROVIDING EXPERT ADVICE IN VIOLATION OF THESE PRINCIPLES, PLEASE CONTACT US IMMEDIATELY AT corporatecounsel@echelonfit.com. YOU SHOULD ALWAYS SEEK EXPERT PROFESSIONAL ADVICE IN NUTRITIONAL AND HEALTH MATTERS, AND SHOULD NOT RELY ON ANY OPINIONS EXPRESSED THROUGH THE SERVICES AS EXPERT OPINIONS OR ADVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Article I. Waiver and Release of Claims Against Owner.
User understands and acknowledges that serious illness, disability, accidents, injuries and death can occur during and in connection with the use of any Products or Services at any Facility, and that the use of any Products or Services at any Facility may involve the User performing strenuous activities. User acknowledges and agrees that it is the User’s responsibility to inspect any Products before utilizing such Products at any Facility so as to ensure that the Products are in good, safe and operable condition, without modification or excess wear and tear. User further acknowledges and agrees that it is the User’s sole responsibility for familiarizing the User with the Products and their respective features and educating himself or herself as to the safe, proper and recommended manner in which to utilize the Products, including, but not limited to, by reading and reviewing all applicable instructions, manuals and documents concerning the Products. The User also acknowledges and agrees that it is the User’s sole responsibility to inspect the Facility so as to determine that the Facility is safe, secure and appropriate for the use of any Products or Services. In consideration of the foregoing and knowing the risks inherent in, and connected with the use of any Products or Services at any Facility, and with the full understanding of the activities that the User may perform or engage in at any Facility, on behalf of the User, the User’s executors, administrators, heirs, successors, assigns and next of kin, the User HEREBY FULLY ASSUMES THE RISKS OF INJURY, ILLNESS, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY INHERENT IN, AND/OR IN ANY WAY CONNECTED WITH USER’S UTILIZATION OF ANY PRODUCT OR USE OF ANY SERVICE AT ANY FACILITY AND USER FULLY, COMPLETELY, IRREVOCABLY AND FOREVER WAIVES, RELEASES, DISCHARGES AND HOLDS HARMLESS THE OWNER AND ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, INDIVIDUALLY AND COLLECTIVELY, FROM ANY AND ALL LIABILITY, DAMAGES, LOSSES, SUITS, DEMANDS, CAUSES OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHER CLAIMS OF ANY NATURE, INCLUDING, WITHOUT LIMITATION, ANY LOSSES FOR PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH, ARISING OUT OF OR RELATING IN ANY WAY TO THE USE OF ANY PRODUCTS OR SERVICES AT ANY FACILITY.
On behalf of the User, the User’s executors, administrators, heirs, successors, assigns and next of kin, TO THE GREATEST EXTENT OF APPLICABLE LAW, USER FULLY, COMPLETELY, IRREVOCABLY AND FOREVER WAIVES, RELEASES, DISCHARGES AND HOLDS HARMLESS ECHELON FITNESS MULTIMEDIA LLC AND ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, INDIVIDUALLY AND COLLECTIVELY, FROM ANY AND ALL LIABILITY, DAMAGES, LOSSES, SUITS, DEMANDS, CAUSES OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHER CLAIMS OF ANY NATURE, INCLUDING, WITHOUT LIMITATION, ANY LOSSES FOR PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH ARISING OUT OF OR RELATING IN ANY WAY TO THE USE OF ANY PRODUCTS OR SERVICES, EXCEPT FOR ANY CLAIMS UNDER ANY APPLICABLE WARRANTY, DURING ANY APPLICABLE WARRANTY PERIOD, AND SEEKING DAMAGES PROXIMATELY CAUSED BY AN INHERENT DEFECT IN THE PRODUCTS.THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
