General Terms and Conditions
This agreement applies as between you, the User of this Website and Effective Fitness Combatives, LLC (“EFC”), the owner(s) of this Website. Your agreement to comply with and be bound by Clauses 1, 2, 4 – 11 and 15 – 25 of these Terms and Conditions is deemed to occur upon your first use of the Website. Clauses 3 and 12 – 14 apply only to the sale of Services. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending a confirmation email to you indicating that your order has been accepted.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
"Account": means collectively the personal information, Payment Information and credentials used by Users to access Paid Content or any communications System on the Website;
"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
"Facilities": means collectively any online facilities, tools, services or information that EFC makes available through the Website either now or in the future;
"Services": means the services available to you through this Website, specifically use of the EFC proprietary e-learning platform;
"Payment Information": means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
"Premises": Means Our place(s) of business located at3222 Hatchet Bay Dr. #4201 Charleston, SC 29414
"System": means any online communications infrastructure that EFC makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User" / "Users": means any third party that accesses the Website and is not employed by EFC and acting in the course of their employment;
"Website": means the website that you are currently using (www.efcombatives.com) and any sub-domains of this site (e.g. subdomain.yourschool.com) unless expressly excluded by their own terms and conditions; and
"We/Us/Our": means Effective Fitness Combatives, LLCEFC, a company incorporated in the State of South Carolina, United States with offices located at 3222 Hatchet Bay Dr. #4201 Charleston, SC 29414.
2. Age Restrictions
3. Business Customers
4. Intellectual Property
5. Third Party Intellectual Property
6. Fair Use of Intellectual Property
7. Links to Other Websites
8. Links to this Website
9. Use of Communications Facilities
10. Accounts
11. Termination and Cancellation of Accounts
12. Services, Pricing and Availability
13. Orders and Provision of Services
14. Cancellation of Orders and Services; NO REFUND POLICY FOR U.S.
15. Privacy
16. How We Use Your Personal Information (Data Protection)
17. Disclaimers
18. Changes to the Facilities and these Terms and Conditions
19. Availability of the Website
20. Limitation of Liability
21. No Waiver
22. Previous Terms and Conditions
23. Third Party Rights
24. Communications
25. Law and Jurisdiction
Liability waiver & covenant not to sue
With the purchase of any Effective Fitness Combatives, LLC course, the individual hereinafter referred to as “Participant” entered into this Liability Waiver and Covenant Not to Sue (“Waiver”) with Effective Fitness Combatives, LLC, a South Carolina Limited Liability Company (“Effective Fitness” or "Released Parties") located at 3222 Hatchet Bay Dr. #4201, Charleston, SC 29414, on the course purchase date.
1. In consideration for the Released Parties allowing Participant to enter and use the Property for the limited purpose of participating in the course(s) instructed by Effective Fitness, Participant enters into this Waiver and agrees to the following:
2. WAIVER OF NEGLIGENCE – BY ENTERING INTO THIS AGREEMENT YOU, PARTICIPANT, AGREE TO WAIVE ANY AND ALL CLAIMS FOR NEGLIGENCE AGAINST THE RELEASED PARTIES THAT MAY ARISE IN THE COURSE OF THE ACTIVITIES CONTEMPLATED UNDER THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURIES SUSTAINED AND DAMAGES TO PERSONAL PROPERTY WHICH OCCUR DURING THE COURSE(S) COVERED BY THIS WAIVER, WHETHER SUCH LOSS OCCURS DURING OR FOLLOWING SAID COURSE(S).
3. Participant acknowledges that using firearms and participating in combatives training, including but not limited to jujitsu, constitute INHERENTLY DANGEROUS ACTIVITY which may cause SEVERE INJURY AND DEATH. Participant ASSUMES THE RISK in participating in and acting as a spectator of live fire, Non-Lethal Training Ammunition (“NLTA”) training, combatives training, physical fitness training, and related activities on the Property. The inherently dangerous activities include but are not limited to: Live fire, which may result in hearing damage or loss, being hit by bullets from your own weapon, other participants’ weapons, the Released Parties’ weapons, catastrophic weapon failures, fragments from targets, ricochets, intermediate barriers such as wood, auto glass, plastic, brass, metal, vehicles, steel targets, and other debris created by bullets impacting objects, berms, or the ground, which may cause severe bodily injury or death; Use of NLTA which includes being intentionally shot with NLTA by yourself, the Released Parties, and other participants, such activities may result in loss of vision, paralysis, punctures, abrasions, bruising, lacerations, severe bodily injury and even death; Use of NLTA weapons and weapon parts, such guns and bolts, as well as personal protective equipment, whether provided by Participant or provided by the Released Parties, for use during the event which may break or fail during use causing severe bodily injury or death; Use of vehicles, including aircraft, both in operable and inoperable conditions, that may result in intentional and unintentional collisions with other vehicles, participants, and other objects resulting in severe bodily injury or death; Moving and shooting (both live ammunition and NLTA) through low-light or no-light areas, during severe heat, cold, rain, snow, fog, smoke, and other severe weather conditions, uneven terrain, structures, and shoot-houses whether permanent or temporary construction, fixed, movable, or collapsible which may collapse or otherwise fall on Participant, and ranges where obstructions may be obscured or dangerous conditions concealed from view; Participating in aggressive physical contact with other participants and the Released Parties either intentionally or unintentionally in self-defense or offensive scenarios or drills which may result in injury, serious injury, contracting an illness or infection, death, possible injuries include but are not limited to bruising, scraps, lacerations, impacts, sprains, concussion, coma, broken bones, choking, restriction of airway, dislocated joints or bones, and muscle strain; Physical training and exercise including but not limited to weight training, bodyweight exercises, cardio vascular training such as walking, jogging, running, sprinting, agility work, swimming, biking, calisthenics, and other movements designed to physically train the body.
Participating in simulated medical care which may include use of simulated blood, use of tourniquets on limbs, use of adhesive chest seals, use of latex gloves that may cause allergic reactions, use of carries and or litters that may result in Participant being dropped or Participant being injured in the process of lifting, carrying, or moving other participants, the Released Parties, or heavy objects. Participating in live fire or NLTA with simulated injuries which may include restriction of use of hands, feet, and limbs. Use of explosives including but not limited to detonation cord, breaching charges, flash-bangs, fragmentation grenades, and chemical agents such as CS gas, OC spray, and smoke, bean bag rounds, tasers, and other less than lethal weapons and devices. Participating in K-9 training that may result in dog bites, mauling, rabies, and related injuries or death. Being hit by objects thrown through the air by other individuals.
4. Participant hereby RELEASES the Released Parties from any and all liability for any damages or injury of any kind Participant may incur or suffer to Participant’s property in connection with entering the Property for all purposes, including but not limited to, live fire and NLTA and less-than-lethal force-on-force activities.
5. Participant WAIVES any right to and covenants to never bring any cause of action against the Released Parties resulting from any event that results in any injury or damage to Participant or Participant’s property while on the Property or off-site during the course(s). This waiver of rights and covenant not to sue shall apply to the Released Parties. In this agreement “Released Parties” includes the Released Parties’ heirs, assigns, agents, officers, members, managers, employees, independent contractors, and insurance providers.
6. Participant understands that during the course(s), periods of instruction may be conducted off-site of the Property or online. Participant agrees that by its participation in such periods of instruction conducted off-site of the Property or online that the waivers and covenants in this agreement are still effective and apply to any such off-site location or online instruction. This provision shall be construed as broadly as possible in favor of the Released Parties. Released Parties are not liable for any injury to Participant or Participant’s property incurred while Participant is traveling to or from the Property or any off-site location being used for training or other activity associated with the course(s) or at any location while participating in online instruction.
7. Participant agrees that this Waiver binds Participant’s agents, employees, heirs, and assigns forever.
8. Participant acknowledges that it accepts entry to the Property, or any off-site location, “AS IS” and that the Released Parties have no duty to inform Participant of any condition on the Property or off-site location that may be a hazard to Participant and Participant’s property, including but not limited to livestock, uneven ground, domestic animals, wild animals, structures, unstable walls and floors, asbestos, exposure to caustic chemicals, broken glass, vehicles that may have sharp exposed or concealed metal, and plastic debris, partially buried hazards, and machinery.
9. Participant agrees to treat the Property with respect and shall not leave any trash on the Property, intentionally damage the Property, or act in a non-courteous manner to any residents, staff, or other guests.
10. Participant understands that Participant’s access to the Property is limited to the areas necessary for entry and exit on and off the Property, travel to and from the designated live fire range area, other designated training areas, and only on the dates of the course(s).
11. Participant understands that Participant may only discharge firearms under the supervision of the Released Parties’ staff present at the times designated by such staff. Participant shall not discharge any firearm in any other area of the Property or in an unsafe direction such as over any berm or constructed backstop or in the direction of any structure, vehicle, human, or animal, other than those designated as targets as part of the course of instruction.
12. Participant agrees to INDEMNIFY AND HOLD HARMLESS the Released Parties from all claims of any kind arising out of Participant’s participation in or viewing of the course(s) and Participant’s use of the Property whether such damage or injury leading to such claims stems from Participant’s, Released Parties’, or any third-party’s negligence, gross negligence, or intentional act.
13. Photo and Video: Participant agrees that his/her image may be used in, including but not limited to, photographs, video, and livestream by the Released Parties for any purpose, including business purposes, and Participate waives any rights related to such use including any pecuniary interests in such. Inadvertent publishing of such by Effective Fitness shall not constitute a breach of this Waiver or provision by Effective Fitness.
14. Participant may photograph and video record portions of the course for their own use, but may not republish such on social media or in any other format without the prior written consent of Effective Fitness.
15. Prohibition of Use of Course Material: Participant agrees to not use any instruction or course material provided by Effective Fitness, or provided by Effective Fitness’s independent contractors, for its own financial gain and acknowledges that disclosure of such by Effective Fitness to Participant does not constitute a license to use any such information for business purposes. In the event Participant uses any of the instruction or course material provided by Effective Fitness for its own financial gain, Participant understands that such is a breach of this agreement and Participant will be liable to Effective Fitness for breach of this agreement and Effective Fitness shall be entitled to recovery of any actual damages, profits of Participant, and Effective Fitness’s reasonable and necessary attorney’s fees and costs, in addition to any other available remedies under law. Participant acknowledges that any use of Effective Fitness’s intellectual property for personal financial gain is strictly prohibited and such unauthorized use violates Federal and State laws. Participant agrees that Effective Fitness is an intended third-party beneficiary of any instruction or course material owned or created by Effective Fitness’s independent contractors which is used in Effective Fitness’s courses.
16. Participant agrees that this Waiver is governed by the laws of the State of Texas without regard to conflict of law principles. Venue for any dispute arising out of this Waiver shall be brought exclusively in the courts of Tarrant County, Texas, regardless of what jurisdiction in which course(s) is conducted.