ANAVASI AGREEMENT FORM

Terms and Conditions (“Terms”)
GENERAL DESCRIPTION OF SERVICES:

ANAVASI is an online strength, conditioning and performance service.

The client acknowledges that the Service is provided for the Total Payment and that its participation as the recipient of the Service is at its own free will and that it accepts the Service and adheres to the ANAVASI PROGRAMS as provided as part of the Service.
 
The services are detailed below:
 
A. ACCESS TO ANAVASI MEMBERSHIP SITE 
 
B. ACCESS TO PRIVATE ANAVASI NETWORK COMMUNITY
 
C. ACCESS TO WEEKLY COACHING AND TRAINING CALLS
 
D. ACCESS TO ANNUAL EVENTS
 
E. ADDITIONAL SERVICES:
 
· ON COURT & IN PERSON CONSULTATION SESSIONS IF APPLICABLE
 
F. 24/7 EMAIL SUPPORT & DAILY ACCOUNTABILITY

G. ACCESS TO ANAVASI TRAINING APP

H. ACCESS TO RPE ATHLETE MONITORING SOFTWARE
 
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FEES and PAYMENTS (TAXES INCLUDED)
 
For the services described in the services listed above A-G, the Client will pay ANAVASI $____________ USD total.
 
IF APPLICABLE:
The first payment of $_______will be collected on the program start date set forth above, and then 30 DAY payments of $_______ USD. until the total balance is paid in full.
 
Important Billing Information
Disclaimer:
For all services to be rendered by ANAVASI under this agreement, ANAVASI shall be paid a rate dependent/based exclusively on the pricing detail/package or service option/program selected.
The fees for all ANAVASI sessions & packages are final and non-refundable, unless otherwise determined by ANAVASI and shall be paid in full upon execution of this agreement and prior to the start of the program/service. The client acknowledges that the ANAVASI Program/service is a non-refundable, non-transferable purchase. *Additional fees may apply based & dependent on the pricing detail/package/plan or program selected.
 
Payment will only be made through ANAVASI using the preferred payment method, after which ANAVASI will send you a receipt by e-mail upon request. The charge for incomplete payments will be at the discretion of ANAVASI and may be in full.
These Terms of Use and the General Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Ontario and the city of Toronto and any dispute shall be subject to binding arbitration in Toronto, Ontario.
It is the responsibility of the client to keep its nominated bank account in funds and to pay all of its own bank fees including fees which its bank has charged if its account is overdrawn as a result of a Direct Debit Payment. A dishonor fee of $50 is charged upon each failed Direct Debit Payment and attempt. It is the client’s responsibility their Payment details are current and complete. Interest Charges may be charged upon each failed Direct Debit Payment and attempt. It is the client’s responsibility their Payment details are current and complete.
Notwithstanding anything to the contrary, Client acknowledges and agrees that: ANAVASI shall have no obligation to commence delivery of Services hereunder until it receives an executed Agreement Form.

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TERMINATION

ANAVASI may cancel or terminate client’s right to use ANAVASI SERVICES, including full access to membership or any part of the website at any time by giving the client notice via email if the client:
Fails to pay fees to be paid under this agreement, or
 
Fails to perform any obligations under this agreement.
 
In the event of Termination, the client will be revoked access to all Membership benefits including Membership Sites, Support, and ANAVASI SERVICES. The client may be liable for additional administrative fees incurred, if stated by ANAVASI, and is solely liable for these fees. ANAVASI reserves the right to recover any costs and losses under this agreement.
 
In the event the client wishes to terminate this agreement, the client will remain liable for the balance of the Total Payment in full unless otherwise determined by ANAVASI and shall be paid in full upon execution of this agreement.
 
The Agreement may be requested for termination by the client using the:
 
CANCELLATION REQUEST FORM
 
The restrictions imposed on the client with respect to material downloaded from ANAVASI services & the website, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.

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WAIVER

ANAVASI services and/or programs are designed to be challenging.
The client, being aware of their own health and physical condition, hereby acknowledges and assumes full responsibility for any and all damages, injuries (including death), or losses that the client may sustain or incur, if any, while attending, practicing and participating in any ANAVASI program/services occurring at but not limited to the membership website.
Client understands that ANAVASI has the right to stop client from participating in any form of ANAVASI program, which ANAVASI feels would be harmful upon observation of any symptoms of distress or abnormal response.
Client hereby assumes full risk, waives all claims and release ANAVASI, its instructors, or partners of said program or event, individually or otherwise, from any and all claims for injuries or damages and risks associated with physical activity, fitness, health, and tennis.

Client is fully aware and understands that ANAVASI does not have any offsite/ANAVASI locations, provisions for ordinary or emergency medical services, nor does ANAVASI employ or contract with any medical services.

In consideration of client participation in and the use of the ANAVASI SERVICES, client hereby releases and covenant not to sue ANAVASI, its owners, shareholders, directors, officers, employees, representatives, agents, and lessees from any and all claims resulting from any physical, mental health injury that may occur while participating in any program or event sponsored by ANAVASI.
The information, products and services offered on or through the website and any third-party sites are provided “as is” and without warranties of any kind either express or implied. 

To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the website or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of this site, including blogs/free content, or the servers that make it available, are free of viruses or other harmful components.
We do not warrant or make any representations regarding the use or the results of the use of the website or materials on this site or on third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise.

Client agrees at all times to defend, indemnify and hold harmless ANAVASI its affiliates, their successors, transferees, assignees and Clients and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.

Throughout the membership website & ANAVASI programs, we may provide links and pointers to Internet sites maintained by third parties. 

Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the websites. In addition, neither ANAVASI nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the website or on websites linked to by ANAVASI on the website.

If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not ANAVASI. Neither ANAVASI nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, ANAVASI neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the websites by anyone other than an authorized ANAVASI representative while acting in his/her official capacity.

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LIMITATION OF LIABILITY:
 
Under no circumstances, including, but not limited to, negligence, shall Adrian Boubalos, Clement Golliet, ANAVASI, our subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the website, including our messaging, blogs, comments of others, books, emails, products, or services, or third-party materials, products, or services made available through the website or by ANAVASI in any way, even if we are advised beforehand of the possibility of such damages. 

The Client specifically acknowledges and agrees that ANAVASI is not liable for any defamatory, offensive or illegal conduct of any user. If client is dissatisfied with the website, any materials, products, or services on the website, or with any of the website's terms and conditions, client’s sole and exclusive remedy is to discontinue using the website and the products, services and/or materials.

ANAVASI & the membership site is continually under development and ANAVASI makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose.

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WITH REGARDS TO CONTENT RELATING TO HEALTH & WELLNESS ON THE WEBSITE:
 
ANAVASI & the membership site offer health, wellness, fitness, physical activity and tennis information and designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this site. The use of any information provided on this site is solely at your own risk.
Nothing stated by ANAVASI or posted on this site or available through any services are intended to be, and must not be taken to be, the practice of medical or counselling care.
For purposes of this agreement, the practice of medicine and counselling includes, without limitation, psychiatry, psychology, psychotherapy, or providing health care treatment, instructions, diagnosis, prognosis or advice.

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TESTIMONIAL DISCLAIMER: 

Testimonials found at ANAVASI.CA may not reflect the typical user’s/client’s experience, may not apply to the average person and are not intended to represent or guarantee that anyone will achieve the same or similar results. If we have disclosed typical results based on information provided to us by a manufacturer or other reputable third party source, you should presume that the typical results as stated are more reliable than the testimonials and other examples found at ANAVASI.CA. However, you should always perform due diligence and not take such results at face value. If a product or service is new, you understand that it may not have been available for purchase long enough to provide an accurate results history. 

Again, it is possible that even with perfect use of ANAVASI programs and/or services, you will not achieve the results described in testimonials. They are meant to be a showcase of the best results ANAVASI programs and/or services has produced, and should not be taken as the results a typical user will get. 

SOCIAL MEDIA & TESTIMONIAL RELEASE:

Client hereby authorizes ANAVASI to publish photographs and videos taken of client, and client name and likeness, while participating in any of the ANAVASI programs, services and for use in the Company’s print, online, video based marketing materials as well as other Company publications. Client hereby releases and holds harmless ANAVASI from any reasonable expectation of privacy or confidentiality associated with the images, videos and publications specified above. 

Client hereby releases ANAVASI, its contractors, its employees, and any third parties involved in the creation or publication of marketing materials, from liability for any claims by client or any third party in connection with client participation. Client hereby consents to allow ANAVASI, its contractors, employees and any third parties involved, to use, reproduce, or distribute and disclose the information in client testimonial, photographs and videos and acknowledge that client testimonial, photographs & videos may be distributed to the public for purposes including but not limited to advertising and promotions, press coverage, social media. Client understands that client is not entitled to compensation of any type for use of said testimonial and/or photographic/video likeness nor input concerning its use. Client understands that any written information client provides may be edited. 

Client is voluntarily providing the above mentioned and sharing their story. Client acknowledges and agrees that publication of said photos and videos confers no rights of ownership or royalties whatsoever. Client hereby authorizes ANAVASI its contractors, employees, staff and any third parties involved, to use client testimonial(s) and/or photographs/videos and any information contained herein in its public relations efforts. 

Client understands and approves the disclosure of testimonial information to the media and other individuals and entities that may be involved in the public relations efforts of ANAVASI its contractors, employees, staff and any third parties involved. 

Client understands that they are providing only the testimonial information and/or photographs/videos to the ANAVASI Company its contractors, employees, staff and any third parties involved, and that client treating healthcare provider will not be providing any protected information to the media or the public, including private health information in client medical records, the confidentiality of which may be protected by federal and state/provincial statutes and regulations. 

SOCIAL MEDIA & TESTIMONIAL IDENTITY AUTHORIZATION:

Client may also elect to be identified by:

Full name -

First name & initial only -

Identity remain anonymous 

RISKS OF PRODUCT/SERVICE/PROGRAM USE: 

The Service and the website’s content are not a substitute for direct, personal, professional medical care and diagnosis. None of the ANAVASI services, programs, blogs, free content, or any ANAVASI product mentioned at ANAVASI.CA should be performed or otherwise used without clearance from your physician or health care provider. The information contained within is not intended to provide specific physical or mental health advice, or any other advice whatsoever, for any individual and should not be relied upon in that regard. We are not medical professionals and nothing on this website should be misconstrued to mean otherwise. 

There may be risks associated with participating in activities mentioned on kiniofit.com for people in poor health or with pre-existing physical or mental health conditions. If you choose to participate in these risks, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such activities. These risks may also exist for those who are currently in good health right now. 


INTELLECTUAL PROPERTY RIGHTS: 

ANAVASI and all the materials available on the kiniofit.ca website are the property of ANAVASI and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. ANAVASI.ca is provided solely for your personal non-commercial use. You may not use the website or the materials available on the website in a manner that constitutes an infringement of our rights or that has not been authorized by ANAVASI. More specifically, unless explicitly authorized in these Terms of Service or by ANAVASI, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the ANAVASI.ca website. 

You may, however, from time to time, download and/or print one copy of individual pages of the website for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to ANAVASI via the website, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting ANAVASI, and anyone authorized by ANAVASI, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant ANAVASI, and anyone authorized by ANAVASI, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate. You acknowledge that ANAVASI has the right but not the obligation to use and display any postings or contributions of any kind and that ANAVASI may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever. 

LIMITATIONS ON LINKING AND FRAMING: 

You may establish a hypertext link to the website so long as the link does not state or imply any sponsorship of your site by us or by the website. However, you may not, without our prior written permission, frame or inline link any of the content of the website, or incorporate into another website or other service any of our material, content or intellectual property. 

INTERACTIVE FEATURES: 

ANAVASI.CA may include a variety of features, such as bulletin boards, web logs, comment sections, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the ANAVASI.ca website or sent via any email services on the website, lies with each user - you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the website. 

It is a condition of your use of the website that you do not: • Restrict or inhibit any other user from using and enjoying the website. • Use the website to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity. • Interfere with or disrupt any servers or networks used to provide the website or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the website. • Use the website to instigate or encourage others to commit illegal activities or cause injury or property damage to any person. • Gain unauthorized access to the website, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means. • Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site. • Use the website to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, provincial, national or international law. • Use the website to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder. • Use the website to post or transmit any information, software or other material that contains a virus or other harmful component. • Use the website to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising. • Use the website to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval. • Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the website. ANAVASI may host message boards, chats and other public forums on its Sites or on social media platforms. 

Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. ANAVASI or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by ANAVASI staff, ANAVASI'S outside contributors, or by users not connected with ANAVASI, some of whom may employ anonymous user names. ANAVASI expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will ANAVASI, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants/users, and do not reflect the opinions of ANAVASI or any of its subsidiaries or affiliates. ANAVASI has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the ANAVASI.CA website. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.  

LIMITATION OF LIABILITY: 

Under no circumstances, including, but not limited to, negligence, shall ANAVASI, our subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the website, including our messaging, blogs, comments of others, books, emails, products, or services, or third-party materials, products, or services made available through the website or by ANAVASI in any way, even if we are advised beforehand of the possibility of such damages. The Client specifically acknowledges and agrees that ANAVASI is not liable for any defamatory, offensive or illegal conduct of any user. If client is dissatisfied with the website, any materials, products, or services on the website, or with any of the website's terms and conditions, client’s sole and exclusive remedy is to discontinue using the website and the products, services and/or materials. The ANAVASI.CA & membership site is continually under development and ANAVASI makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose. 

WITH REGARDS TO CONTENT RELATING TO HEALTH & WELLNESS ON THE WEBSITE: 

ANAVASI & the membership site offer health, wellness, fitness, physical activity and tennis information and designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this site. The use of any information provided on this site is solely at your own risk. Nothing stated by ANAVASI or posted on this site or available through any services are intended to be, and must not be taken to be, the practice of medical or counselling care. For purposes of this agreement, the practice of medicine and counselling includes, without limitation, psychiatry, psychology, psychotherapy, or providing health care treatment, instructions, diagnosis, prognosis or advice. 

Severability: 

If any clause within this Provision is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. Acknowledgment of Understanding and Execution The client acknowledges he/she has read the general terms and conditions made available on https://anavasi.ca/terms-conditions & this agreement and understands he/she is forfeiting substantial rights, including its right to sue. The client acknowledges that he/she is signing the agreement form freely, and voluntarily, and intends, by its signature that the agreement form be a complete and unconditional release of liability to the greatest extent allowed by law. The client by signing the agreement form certifies that he/she has fully read and understands the terms of the agreement and will comply with the contents herein. 
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