Disclaimer

General Disclaimer

Exercise, nutrition, and food supplements may affect you differently from another person depending upon many factors, including your choices, combinations, intensity, timing, general health and genetics. Pink Gym cannot guarantee your results.  We are not licensed registered dieticians or physicians.  We recommend that you discuss your training, nutrition, and food supplement choices with your physician, trainer and/or dietician before you begin. WE MAKE NO REPRESENTATION OR WARRANTY AS TO THE FOREGOING AND NO EXPRESS OR IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY.   WARRANTIES ARISING BY CUSTOM OR USAGE AND WARRANTIES BY OPERATION OF LAW ARE EXPRESSLY DISCLAIMED.

Further, as a condition to purchasing training services (including training programs) and training with and without equipment, you understand and accept the risk of injury from training and hereby hold harmless Pink Gym and its owners, officers, affiliates, employees, subcontractors and agents against liability and damages for injuries that you may sustain from training regardless of cause, including negligence of Pink Gym (and its owners, officers, directors, affiliates, employees, subcontractors or agents) or equipment failure.

As to nutrition programs, products and services purchased from Pink Gym, OUR LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR SUCH PROGRAMS, PRODUCTS AND/OR SERVICES.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PINK GYM NOR ITS OWNERS, OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES, SUBCONTRACTORS OR AGENTS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS OR REVENUES.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF PINK GYM, ITS OWNERS, OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES, SUBCONTRACTORS OR AGENTS UNDER THIS AGREEMENT EXCEED TWO THOUSAND U.S. DOLLARS ($2,000).

PINK GYM PRODUCTS AND SERVICES ARE NOT FOR SALE TO MINORS. PRODUCTS AND/OR SERVICES PURCHASES FOR A MINOR MUST BE APPROVED AND EXECUTED BY A PARENT OR GUARDIAN.

Alternative Dispute Resolution Provision

As a condition to your purchase of products or services from Pink Gym, you agree to attempt in good faith to resolve with Pink Gym customer service any controversy or claim against Pink Gym and its owners, officers, directors, affiliates, employees, or agents and to FOREGO A TRIAL.

If the matter has not been resolved within sixty (60) days of the commencement of filing a claim with Pink Gym customer service, the controversy shall be settled by arbitration administered by the American Arbitration Association, or such other mutually agreed neutral party, in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.  A single arbitrator shall hear claims.  The arbitrator shall be knowledgeable in the subject matter.  The place of arbitration shall be Little Rock, Arkansas. The laws of the State of Arkansas, excluding its choice of law rules, shall govern the arbitration.  Each party will, upon written request of the other party, promptly provide the other with copies of all relevant documents.  There shall be no other discovery allowed.  Time is of the essence for any arbitration under this Agreement and arbitration hearings shall take place within ninety (90) days of filing and awards rendered within one hundred twenty (120) days.  The arbitrator shall agree to these limits prior to accepting appointment.  The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute.  The arbitrator shall not award consequential damages in any arbitration initiated under this section. Each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration.

Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

This Agreement constitutes the entire agreement and supersedes any prior agreements or understandings, oral or written, between Pink Gym and you concerning the subject matter hereof.  If any provision of this Agreement shall be held to be unenforceable, that provision will be enforced to the maximum extent possible, and the remaining provisions of this Agreement will remain in full force and effect.  All of the terms of this Agreement that by their nature survive termination of this Agreement, including without limitation, warranty disclaimers, limitations of liability, alternative dispute resolution will continue in full force and effect after the termination of this Agreement.

Class Action.  By entering into this Agreement, you hereby irrevocably waive any right you may have to join claims with those of others in the forms of a class action or similar procedural device.  Any claims arising out of or relating to this Agreement must be asserted individually.

Use of this Website and of Pink Gym’s programs, products and services constitutes your acceptance of the above terms, including the risk of injury from training, General Disclaimer, Limitation of Liability, and Alternative Dispute Resolution Provision.

Weight Loss Disclaimer

The information, including but not limited to, text, graphics, video, images and other material, contained on this website is for educational purposes only. The content is not intended in any way as a substitute for professional medical advice, diagnosis or treatment. Regardless of your current state of health, always seek the advice of your physician or other qualified health care provider with any questions you may have regarding your current health condition, a medical condition or treatment, and before undertaking a new health care regimen. Never disregard professional medical advice or delay in seeking it because of something you have read on this website.

Results May Vary: the weight loss results testimonials are in no way a guarantee of results. Individual weight loss results, including amount and time, will vary. Whether genetic or environmental, it should be noted that food intake, rates of metabolism and levels of exercise and physical exertion vary from person to person. This means weight loss results will also vary from person to person. No individual result should be seen as typical. BY USING PINK GYM’S WEBSITE OR PRODUCTS OR SERVICES, YOU AGREE THAT THE OWNERS, DISTRIBUTORS PARTICIPANTS, AFFILIATES, EMPLOYEES, AGENTS, AND INDEPENDENT CONTRACTORS OF PINK GYM (COLLECTIVELY, “PINK GYM”) ARE NOT RESPONSIBLE FOR ANY LIABILITY OR LOSS IN CONJUNCTION WITH ANY CONTENT PROVIDED ON THIS WEBSITE. YOU FURTHER AGREE THAT PINK GYM SHALL NOT BE LIABLE FOR PRODUCTS OR SERVICES RECOMMENDED ON THE SITE, AND THAT PINK GYM SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR THE INABILITY TO USE THE MATERIALS/INFORMATION PUBLISHED OR PRODUCTS SOLD ON THIS SITE.

These statements have not been evaluated by the Food and Drug Administration. These products and services are not intended to diagnose, treat, cure or prevent any disease.