FAST TALK LABORATORIES, LLC RELEASE AND WAIVER OF LIABILITY
Last updated October 29, 2020
This FAST TALK LABORATORIES, LLC Release and Waiver of Liability is made the day the customer completes checkout for a Fast Talk Laboratories membership as recorded in his or her user profile by and between FAST TALK LABORATORIES, LLC, hereinafter referred to as “FAST TALK LABS”, and the user, hereafter referred to as “CUSTOMER”.
CUSTOMER is aware that FAST TALK LABS is solely providing a platform for CUSTOMER to access information, as well as one-on-one coaching and education for customers who opt into those services, regarding physical fitness, nutrition, and training.
CUSTOMER desires to access the FAST TALK LABS platform and services, which may include, but are not limited to, one-on-one coaching, live sessions, and other educational opportunities, to obtain information regarding physical fitness, nutrition, and training.
CUSTOMER certifies that s/he is over the age of 18 years.
1. Assumption of Risk. CUSTOMER understands that CUSTOMER is using FAST TALK LABS at CUSTOMER’s sole risk.
a. Except as otherwise provided in writing by FAST TALK LABS, our platform any content therein, and other FAST TALK LABS services are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. CUSTOMER understands that FAST TALK LABS does not represent or warrant that our platform is accurate, complete, reliable, current or error-free. While FAST TALK LABS attempts to make CUSTOMER’s use of the platform safe, CUSTOMER understands FAST TALK LABS cannot and does not represent or warrant that the platforms or servers are free of viruses or other harmful components. CUSTOMER assumes the entire risk as to the quality and performance of the platform.
b. CUSTOMER understands that the platform and FAST TALK LABS services, which may include, but are not limited to, one-on-one coaching, live sessions, and other educational opportunities are intended to be used in connection with athletic and fitness activities. CUSTOMER expressly acknowledges that engaging in athletic or fitness activities as part of the platform with FAST TALK LABS carries certain inherent and significant risks of property damage, bodily injury, or death, and CUSTOMER voluntarily assumes all known and unknown risks associated with the activities even if caused in whole or part by the action, inaction, or negligence of FAST TALK LABS or by the action, inaction, and negligence of others. CUSTOMER also expressly agrees that FAST TALK LABS does not assume responsibility for the inspection, supervision, preparation, or conduct of any race, competition, contest, group interaction, gathering, or event that utilizes the platform (whether or not with FAST TALK LABS permission.
c. CUSTOMER represents that they have consulted with their physician before using this platform and FAST TALK LABS services, which may include, but are not limited to, one-on-one coaching, live sessions, and other educational opportunities in connection with any athletic and fitness activities. CUSTOMER acknowledges that they know consultation with a physician is especially important for person over age 35 or persons with pre-existing health problems. CUSTOMER agrees that CUSTOMER will discontinue any use of the platform or services, which may include, but are not limited to, one-on-one coaching, live sessions, and other educational opportunities, and/or will stop engaging in any such athletic or fitness activities that cause CUSTOMER pain, fatigue, discomfort, nausea, dizziness, or shortness of breath and will consult a medical expert if any of these conditions are present. CUSTOMER agrees to start slowly and at the level that is appropriate for CUSTOMER; not overexert themselves, take breaks periodically; stop and rest if CUSTOMER’s muscles, joints, or eyes become tired or sore; not use the service or engage in any such athletic or fitness activities under the influence of drugs or alcohol; and ensure CUSTOMER’s balance and physical abilities are sufficient for any movements and activities while using the platform.
2. Limitation of Liability.
a. To the fullest extent permitted by applicable law, FAST TALK LABS ad other FAST TALK LABS Parties will not be liable to CUSTOMER under any theory of liability, whether based in contract, tort, negligence, strict liability, warranty, or otherwise, for any indirect consequential, incidental, or special damages or lost profits, even if FAST TALK LABS or the other FAST TALK LABS Parties have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply.
b. The total liability of FAST TALK LABS and other FAST TALK LABS Parties for any claim arising out of or relating to the use of FAST TALK LABS, regardless of the form of the action, is limited to the greater of $100 or the amount paid by CUSTOMER to use FAST TALK LAB’s platform the 12 months preceding the claim.
c. The limitations set forth in this Release and Waiver of Liability will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of FAST TALK LABS or other FAST TALK LABS Parties or for personal injury, death or property damage caused by the platform or products purchased through the platform, or for any other matters in which liability cannot be excluded or limited under applicable law.
3. Governing Law. This Release and Waiver of Liability shall be governed and construed according to the laws of the state of Colorado.
4. Complete Agreement. This Release and Waiver of Liability may not be changed except by a written instrument signed by the parties. This Release and Waiver of Liability constitutes the complete agreement of the parties.
5. Severability. If any provision of this Release and Waiver of Liability is declared by any court of competent jurisdiction to be invalid for any reason, such invalidity shall not affect the remaining provisions.
6. Arbitration. Any dispute or controversy arising under this Release and Waiver of Liability shall be settled exclusively by arbitration in Boulder, Colorado, pursuant to the Colorado Uniform Arbitration Act, C.R.S. §§ 13-22-201, et seq. The prevailing party in such arbitration shall be awarded their reasonable attorney fees and costs incurred in such arbitration.
By completing checkout, the parties have executed this Release and Waiver of Liability.
FAST TALK LABORATORIES, LLC TERMS OF SERVICE
Last updated March 4, 2021
BY VISITING OUR WEBSITE OR USING OUR PRODUCTS OR SERVICES, YOU AGREE TO THESE TERMS OF SERVICE.
MONTHLY BILLING
If you choose a Monthly Membership payment plan during checkout of your first membership activation, you agree to be auto-billed every 30 days via the payment method you used during checkout until you request membership cancellation.
ANNUAL BILLING
If you choose an Annual Membership payment plan during checkout of your first membership activation, you agree to be auto-billed every 365 days via the payment method you used during checkout until you request membership cancellation.
SERVICES BILLING & SCHEDULING
If you choose to engage us for use of our services including coaching, consulting, testing, or other services, payment is due in full at the time of scheduling. You agree to pay for the services you schedule in advance of receiving those services. We offer our services during our normal business hours and may only modify those hours at our discretion. If you must cancel or reschedule those services, we will hold your payment as a credit for a term of 1 year from the date of scheduling services. If you miss a scheduled services appointment, we will make good faith efforts to reschedule your appointment to take place during our future business hours. After 1 year, you agree to forfeit your credit without refund.
Member Pricing
Member pricing is only available to Library Members on annual or monthly billing. Member pricing is not available for trial memberships or complimentary memberships.
Advance Preparation
If your services include advance preparation, you agree to complete that preparation in accordance with our instructions. If you do not complete the preparation or if your preparation does not comply with our instructions, we reserve the right to decline to provide our services until the preparation is compliant. We will hold your payment as a credit until your preparation complies and we are able to render our services or for a term of 1 year from the date of scheduling services, whichever comes first. After 1 year, you agree to forfeit your credit without refund.
Refunds for Services
By scheduling our services, you recognize that you are reserving our staff time and reducing our opportunities to serve other customers. We reserve the right to refuse refunds for scheduled services at our discretion. We recognize that people have busy schedules and that sports include risk of injury, illness, accident, and other circumstances that may render you unable to use the services you have scheduled. To request a refund for scheduled services, please contact us through coaches@fasttalklabs.com.
UPGRADING MEMBERSHIP
For annual members who would like to upgrade from a lower to higher level, we do offer to apply the prorated value of their remaining lower level subscription to reduce the cost of upgrading to the higher level. Just email us at help@fasttalklabs.com and let us know which member level you would like to join. We will check your prorated term and issue you a coupon that will reduce your upgrade cost by the amount of your remaining subscription value. To calculate the prorated value of your remaining membership, we simply take your annual membership cost, divide it by 12, and subtract the number of full months already used, rounding to the nearest month. The balance is your remaining subscription value that we will apply via coupon toward the full annual cost of a new membership. Upon checkout, your membership will upgrade and activate immediately and last for 12 months. Your membership will then renew as specified in our Terms of Service.
CUSTOMER SERVICE
Membership Cancellation
Our system sends advance notice of membership cancellations before your renewal date. In the event that your payment method expires and you do not renew it before your next payment due date, your membership will cancel on the payment due date.
To cancel your membership and stop being billed, simply log into your account and on the Membership Account page, click cancel. You will not be billed again unless you rejoin our membership program. Your membership will remain active until the next payment due date at which time your membership will cancel. We do not offer pro-rated refunds.
Monthly Membership Refund Policy
Fast Talk Laboratories offers a 30-day, one-question-asked, money-back guarantee. To request your membership cancellation and refund, simply email help@fasttalklabs.com. We must receive your request within 30 days of the start of your membership.
Annual Membership Refund Policy
At your request, we will issue a refund for your annual membership within 30 days of joining. After 30 days, we will not issue a refund, but we will try to work with you to make our membership program work better for you. Unless we mutually agree on some other resolution, your membership will remain active until the one-year anniversary. We do not offer pro-rated refunds.
What’s the one question you ask if I request a refund?
We’re a small team and we want to work for you. We’ll simply ask you one question before we issue your refund: What could we have done differently to make you a happy customer?
LIABILITY
You agree to indemnify and hold harmless Fast Talk Laboratories, LLC, partners, and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any use of our websites, products, or services by you or any other person using your account. You agree to review and sign the Release and Waiver of Liability prior to beginning your service with us during checkout.
PRIVACY
You agree to our Privacy Policy, which explains what information we collect about you and how we use it. You agree to provide personally identifiable information which we will collect and combine from other sources to provide, improve, and market our products and services.
ACCESS TO OUR PRODUCTS AND SERVICES
You agree that we provide our website, products, and services as is and as available. We strive to make our products and services as good and available as possible, but you acknowledge that occasional interruptions are a normal and expected condition of your membership.
YOUR RIGHTS AND RESPONSIBILITIES
- You agree that we are only responsible for the products and services our authorized employees produce or provide.
- We reserve the right to terminate or suspend your membership for any reason without refund at our sole discretion and without warning or advance notice.
- We reserve the right to revise prices, service offerings, details, terms and conditions, and all content at any time without notice. All products and services are subject to availability.
- You agree that you are solely responsible for all use and activity of your account.
- You agree that you will be the sole user of your account and will not share it with friends, family or any other individual.
- You agree that you are solely responsible for any content you post on our website or social networks.
- You are responsible for maintaining the confidentiality of any login information associated with the account you use to use our products and services.
- You agree that you are solely responsible for any losses or damages that we may directly or indirectly suffer due to any unauthorized activities conducted by you or others using your account.
- Access to our products and services is granted exclusively through your account. Accessing or attempting to access our products and services through any means other than those which we provide is prohibited. You agree not to access or attempt to access our products and services through any non-provided means.
ONLINE BEHAVIOR AND CONTENT
- You understand that we moderate our forum and social networks at our discretion and that we may or may not monitor the content posted by users.
- We do not assume any liability for content posted by members, those using your account, or any third-party users of our products and services.
- You agree to behave politely and tolerate other viewpoints on our forum, social networks, and through any other means that is tied to our products and services including but not limited to Zwift, Strava, Facebook, Instagram, Twitter, Vimeo, et al.
- You agree that you will not upload, post, share, or distribute content that is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, political, invasive, sexist, racist, or contains any type of suggestive, inappropriate, or explicit language.
- You agree that you will not upload, post, share, or distribute content that:
- infringes on intellectual property rights including copyright, trademark, patent, trade secrets, or information that may be consider insider information,
- is promotional if there was an exchange of value,
- or which impersonates any person or legal entity.
- We reserve the right to modify or delete any content on our website for any reason at our sole discretion and without warning or advance notice.
- You agree that, with the exception of terms described in our Privacy Policy, any content you post using our products and services becomes the exclusive property of Fast Talk Laboratories, LLC with a perpetual, irrevocable, worldwide, royalty-free license to reproduce, modify, adapt, translate, publish, publicly display, and distribute in any method we choose.
INTELLECTUAL PROPERTY
All of our products and services and content on our website are protected by copyright laws, trademarks, and/or other intellectual property rights unless otherwise specifically noted.
THIRD-PARTY CONTENT
Our website may link to third-party websites for user’s convenience, but we have no control over the content or policies of third-party websites and we accept no responsibility for their content or policies.