Disclaimer

MEDICAL DISCLAIMER

The information provided 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 on this website.  Never rely on information on this website in place of seeking professional medical advice.

Lindsay Tupper N.C. is not responsible or liable for any advice, course of treatment, diagnosis or any other information, services or products that you obtain through this site.  You are encouraged to consult with your doctor with regard to this information contained on or through this website.  After reading articles, watching videos or reading other content from this website, you are encouraged to review the information carefully with your professional healthcare provider.

PERSONAL DISCLAIMER I am not a doctor.  The information I provide is based on my personal experience and my experience as a Certified Nutrition Consultant.  Any recommendations I make about weight training, nutrition, supplements or lifestyle should be discussed between you and your doctor because working out involves risks.

RESULTS DISCLAIMER We make every effort to ensure that we accurately represent these products and services and their potential for muscle building results and fat burning results. Muscle gain and fat loss results made by our company and its customers are estimates of what we think you can possibly earn. There is no guarantee that you will experience the same results and you accept the risk that the muscle building results and fat loss results differ by individual. As with any fitness program, your results may vary, and will be based on your individual capacity, previous experience, ability to take action and level of desire. There are no guarantees concerning the level of success you may experience. The testimonials and examples used are exceptional results, which do not apply to the average purchaser, and are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on his or her background, dedication, desire and motivation.

There is no assurance that examples of past muscle building and fat burning results can be duplicated in the future. We cannot guarantee your future results and/or success.  Nor can we guarantee that you maintain the results you experience if you do not continue following the program. We are not responsible for your actions.

The use of our information, products and services should be based on your own due diligence and you agree that our company is not liable for any success or failure of your physique that is directly or indirectly related to the purchase and use of our information, products and services.

 

Terms and Conditions and Waiver of Liability

In consideration for being permitted to participate in this program and/or related fitness activities (individually and collectively, the “activity”) organized and operated by Lindsay Tupper, as well as the benefits that I will derive from my participation in the activity, I hereby represent and agree with, and for the benefit of Lindsay Tupper and the Released Parties (as defined below), as follows:

  1. Representations. (a) I am physically fit and able to participate in the activity; I am in good health, and I am unaware of any medical condition which might make my participation inadvisable. (b) I have no pre-existing physical limitation or condition which may be aggravated or harmed by my participation in the activity. (c) I acknowledge my responsibility to acquire and maintain, during the period of each activity, health insurance coverage sufficient to provide for all medical, vision or dental services and/or equipment required to treat any injury related to my participation in the activity. (d) I hereby represent that I have such insurance coverage in effect as of the date set forth below. I understand that Lindsay Tupper N.C. carries no dental, medical, vision or other health insurance for any participant and that I am solely responsible for securing my own health insurance coverage. (e) I acknowledge that I have had the opportunity to ask Lindsay Tupper any questions that I may have about the Activity (including but not limited to the various activities that comprise the activity) that I believe are necessary in order to decide whether I am able to participate in the activity and make the above representations. I represent that all such questions have been answered to my complete satisfaction. In connection with the above, I further represent that I have had an opportunity to inspect the equipment to be used in the activity prior to my participation in it and, based upon my inspection; I have found all equipment to be in good condition and in proper working order.
  2. Assumption of Risk. I acknowledge that my participation in the activity carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. I understand that the specific risks can and do vary from one activity to another and that these risks range from (a) minor injuries such as scratches, bruises, and sprains, to (b) major injuries such as eye injury or loss of sight, joint or back injuries, disfigurement, heart attacks, broken bones, torn ligaments and concussions to (c) catastrophic injuries including paralysis and death.
  3. Release of Liability. I, on behalf of myself, heirs, assigns, personal representatives and estate hereby release, forever discharge and covenant not to sue Lindsay Tupper, their owners, managers, members, employees, partners, sponsors, volunteers, agents, advisors, contractors, consultants, attorneys, accountants and insurers (the “Released Parties”) from any and all liability from all claims, actions, suits or other proceedings resulting in personal injury, including death, accident, illness or property damage, I may suffer or sustain, regardless of fault, arising from or in connection with, my participation in the activity, the equipment used during the activity (whether provided by Lindsay Tupper, a third party or myself) and the building or facilities where the activity was located.
  4. Indemnification. I hereby voluntarily release, forever discharge and agree to indemnify, defend and hold harmless the Released Parties from and against any and all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities, including attorneys fees, brought as a result of my participation in the activity, the equipment used during the activity (whether provided by Lindsay Tupper a third party or myself) and the building or facilities where the activity occurred and to reimburse the Released Parties in full for any such expenses incurred.
  5. Miscellaneous. If any part, article, paragraph, sentence or clause of this consent and release is not enforceable, the affected provision shall be curtailed and limited to the extent necessary to bring it in within the requirements of the law, and the remainder of this consent and release shall continue in full force and effect. This consent and release shall be governed by the laws of the State of Texas. All provisions of this consent and release shall survive the termination or expiration of any activity or my participation in any activity contemplated hereby.
  6. Affirmation of Release.  I knowingly intend my signature on this consent and release to be a complete defense to any legal or equitable proceeding that may be brought by me, or any person on their own or on my own behalf, for any personal injury, including death, accident, illness or property damage, including theft, I may suffer or sustain as a result of my voluntary participation in the activity, and further intend this consent and release to be a complete and total release of liability for all negligent acts, failure to act, or breaches of duty owed to me, which result in my personal injury, accident, illness and/or property loss as a result of my participation in the activity, the equipment used during the activity (whether provided by Lindsay Tupper, a third party or myself) and the building or facilities where the activity occurred and to reimburse the Released Parties in full for any such expenses incurred.

I represent that I am 18 years of age or older, that I am legally competent and capable of executing this consent and release on my own behalf, that I have read the foregoing and have made a conscious decision to sign it of my own free will. I further represent that I understand and agree to the terms of this consent and release and have received a copy of same.