Terms of Use

1. Terms

By accessing this Portal, you are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this Portal are protected by applicable copyright and trademark law.




2. Assumption of Risk

I have consulted with my doctor, and have been cleared to participate in physical exercise and fitness activities. I understand my physical limitations and am sufficiently self-aware to stop physical activity before I become ill or injured. I agree that if I experience symptoms like dizziness, fainting, nausea, unexpected pain or muscle cramping, I will stop the activity, and consult with my doctor.  

I understand that any exercise and/or fitness activities like those offered by Body Acumen involve a risk of injury, and I am voluntarily participating in these activities with understanding and appreciation of the risks involved. I further understand that exercise programs are designed to gradually increase workload on the cardio-respiratory and musculoskeletal systems in order to effect improvements and manipulating the connective tissue can increase the fluid state of the tissue and decrease pain. However, how my body responds to these activities cannot be predicted with complete accuracy. I hereby expressly assume and accept the risk of physical or mental injury and economic loss, regardless of severity, up to and including death.

I understand and agree that information and services provided by Body Acumen are for educational purposes, are not to be taken as medical advice, and are not a diagnosis or treatment plan. 




3. Waiver of Liability

I hereby, for myself, for my unborn child and my heirs and assigns, expressly and voluntarily forever release, discharge, indemnify, and hold harmless Body Acumen, LLC and its owners, employees, volunteers and other affiliates (the “Releasees”) from and against any and all claims, demands, actions, liabilities, losses, damages, and expenses (including attorney fees and costs) claimed or alleged, of any kind or nature, now or hereafter existing, whether known or unknown, present or future, foreseen or unforeseen, arising out of: (i) any and all negligence of Body Acumen and the Releasees (including negligent hiring, training, and retention of Releasees, negligent inspection and maintenance, and malfunction or breaking of equipment); and (ii) my participation in and receipt of any services (including training, instruction, and supervision), or use of equipment, instruction, or facilities or premises, provided by Body Acumen or the Releasees, including my own negligence, acts or failures to act, or mistake. This release of liability includes but is not limited to any liability arising out of any pre-existing medical condition, allergies, and/or physical health conditions that may occur as a result of actions that I voluntarily participate in, provided by Body Acumen.





4. Photography Release + Copyright

I acknowledge and agree that photographs and videos which include my image may be taken at a Body Acumen group class or workshop, and I hereby grant Body Acumen permission to publish such photographs and videos including my image for use by Body Acumen’s for educational and marketing purposes. I hereby release and hold Body Acumen harmless from any liability associated with said photographs and videos including my image, and I further acknowledge that I am not entitled to any financial compensation. I understand and agree that I will not be given a chance to receive, inspect or approve any such photographs or videos.

I understand and agree that recording, distributing and selling class recordings are all prohibited without the written permission of Body Acumen. 




5. Use License

  1. Permission is granted to temporarily download one copy of any downloadable materials on the Portall’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
  2. modify or copy the materials;
  3. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  4. attempt to decompile or reverse engineer any software contained on the Portal’s web site;
  5. remove any copyright or other proprietary notations from the materials; or
  6. transfer the materials to another person or 'mirror' the materials on any other server.
  7. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Body Acumen at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.




6. Disclaimer

The materials on the Portal’s website are provided 'as is'. The Portal makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the Portal does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.




7. Limitations

In no event shall the Portal be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the Portal’s website, even if the Portal or an authorized of the Portal has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.




8. Revisions and Errata

The materials appearing on the Portal’s website may include technical, typographical, or photographic errors. The Portal does not warrant that any of the materials on its web site are accurate, complete, or current. The Portal may make changes to the materials contained on its web site at any time without notice. The Portal does not, however, make any commitment to update the materials.




9. Links

The Portal has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the Portal of the site. Use of any such linked website is at the user's own risk.




10. Site Terms of Use Modifications

The Portal may revise these Terms of Use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms of Use.




11. Governing Law

Any claim relating to the Portal’s website shall be governed by the laws of the Portal Owner’s home jurisdiction without regard to its conflict of law provisions.