Kinetic Performance // FLEX Product Disclaimer
The following terms and conditions apply to all products sold by Kinetic Performance Technology Pty Ltd, ABN 61 091 982 473 (“Us, We, Our”). Please review these terms carefully as they contain a disclaimer of liability. Proceeding with the purchase of Our product indicates your agreement to these terms. If you do not agree to these terms, you should not proceed with your purchase of the product.
High Risk Activities
Products sold by Us include equipment for weight training, athletic conditioning, rehabilitation and similar activities. Participation in these activities may be considered high risk and there is a possibility of physical injury. You participate in the activities and use Our products, suggested exercises or techniques at your own risk. We strongly recommend that you consult with your personal physician before participating in any high-risk activity and suggest that you should be in good physical condition before using Our products.
Reliance on Information
You should read, understand and follow specific warnings and instructions on Our products and in the information We provide before and while using Our products. Notwithstanding that we provide information on how to use and care for Our products, purchasers, users, providers and participants assume all responsibility for, and risk of, injury.
Reliance on any information provided by Our employees, Our community, instructors, or others, is solely at your own risk. While every effort is made to present accurate and reliable information, We do not guarantee its accuracy and We disclaim any liability for the decisions you make based on this information.
The information We provide is not intended to be a substitute for professional medical advice, diagnosis or treatment. Never disregard professional medical advice, or delay in seeking it, because of something you have read which is provided by Us. Never rely on information We provide in place of seeking professional medical advice.
Responsibility for Risk
By buying, using, providing, or allowing the use of Our products, you understand and agree that you will be undertaking high risk activities and, to the extent permitted by law, YOU EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF DEATH OR OTHER PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN SUCH ACTIVITIES OR FROM THE USE OF OUR PRODUCTS WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT of Ours, including but not limited to product malfunction from whatever cause. Additionally, you agree to indemnify, defend and hold Us harmless from any third party claims arising from such high risk activities or any of Our products.
We will not be liable to any person or entity for any incidental or consequential damages including, but not limited to, personal injury or death, loss related to property, loss of use, loss of time, inconvenience, or any other personal or economic loss caused directly and indirectly by the use of our Products, information, techniques or suggested exercises.
Coaches, Trainers, Gyms
If you are a coach, trainer or provider of a gym, you acknowledge and agree that it is your responsibility to ensure that any user of Our products is aware of and understands these terms and you indemnify, defend and hold Us harmless from any claims arising from a user’s use of Our products. You use and adapt any of the information that We provide at your own risk.
We make every effort to ensure that We accurately represent Our products and their potential for results. However, there is no guarantee that you will experience the same results and you accept the risk that results may differ by individual.
We make no guarantees concerning the level of success you may experience, and you accept the risk that results will differ for each individual. Each individual’s health, fitness, and nutrition success depend on his or her background, dedication, desire, and motivation. As with any health-related program or service, your results may vary, and will be based on many variables, including but not limited to, your individual capacity, life experience, unique health and genetic profile, starting point, expertise, and level of commitment.
The use of Our information and products should be based on your own due diligence and you agree that We are not liable for any success or failure of your physique that is directly or indirectly related to the purchase and use of our information or products.
Before each exercise session, inspect the product for defects. As with any exercise program, muscle soreness may be experienced over the first few days.