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
- 4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of EFC, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United States and International intellectual property and other laws.
- 4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.
5. Third Party Intellectual Property
- 5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
- 5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
6. Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of the exceptions detailed in Section 107 of the Copyright Act apply.
7. Links to Other Websites
8. Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.efcombatives.com without our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact Us by email at [email protected] or call us in the following number: 843-321-8321.
9. Use of Communications Facilities
- 9.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
- 9.1.1 You must not use obscene or vulgar language;
- 9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist, or racist;
- 9.1.3 You must not submit Content that is intended to promote or incite violence;
- 9.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
- 9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
- 9.1.6 You must not impersonate other people, particularly employees and representatives of EFC or Our affiliates; and
- 9.1.7 You must not use Our System for unauthorized mass-communication such as "spam" or "junk mail".
- 9.2 You acknowledge that EFC reserves the right to monitor any and all communications made to Us or using Our System.
- 9.3 You acknowledge that EFC may retain copies of any and all communications made to Us or using Our System.
- 9.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
- 10.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use this Websiteyou represent and warrant that:
- 10.1.1 all information you submit is accurate and truthful;
- 10.1.2 you have permission to submit Payment Information where permission may be required; and
- 10.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
- 10.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
- 10.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorized orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorized provision commences prior to your notifying Us of the unauthorized nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
- 10.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension or deletion of your Account.
11. Termination and Cancellation of Accounts
- 11.1 Either EFC or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
- 11.2 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.
12. Services, Pricing and Availability
- 12.1 While every effort has been made to ensure that all general descriptions of Services available from EFC correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 13.8 for incorrect Services.
- 12.2 Where appropriate, you may be required to select the required Plan of Services.
- 12.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.
- 12.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
- 12.5 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.
13. Orders and Provision of Services
- 13.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between EFC and you.
- 13.2 Order confirmations under sub-Clause 13.1 will be sent to you before the Services begin and shall contain the following information:
- 13.2.1 Confirmation of the Services ordered including full details of the main characteristics of those Services;
- 13.2.2 Fully itemized pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;
- 13.2.3 Relevant times and dates for the provision of the Services;
- 13.2.4 User credentials and relevant information for accessing those services.
- 13.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
- 13.4 Payment for the Services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the service plan you purchased and at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) or as indicated in the order confirmation you received.
- 13.5 We aim to fulfill your Order within 2-3 working days or if not, within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfill your Order within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order. Time is not of the essence of the Contract, which means we will aim to fulfill your Order within any agreed timescales but this is not an essential term of the Contract and we will not be liable to you if we do not do so. If the Services are to begin within 14 calendar days of Our acceptance of your order, at your express request, you will be required to expressly acknowledge that your statutory cancellation rights, detailed below in Clause 14, will be affected.
- 13.6 EFC shall use all Our reasonable endeavors to provide the Services with reasonable skill and care, commensurate with best trade practice.
- 13.7 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within five (5) working days. Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.
- 13.8 EFC provides technical support via our online support forum and/or phone. EFC makes every effort possible to respond in a timely manner but we do not guarantee a particular response time.
14. Cancellation of Orders and Services; NO REFUND POLICY FOR U.S.
If you need to speak to us about your Order, then please contact customer care on 843-321-8321, or by email at [email protected].com or write to us at our address (see section 1 above). EFC does not refund tuition for in-person courses, but will apply monies paid as credit toward future courses. EFC does not refund payments for online courses.
- 14.1 If you are a consumer based within the European Union, you have a statutory right to a “cooling off” period. This period begins once your order is confirmed and the contract between EFC and you is formed and ends at the end of 14 calendar days after that date. If you change your mind about the Services within this period and wish to cancel your order, please inform Us immediately using the following email: [email protected].com Your right to cancel during the cooling off period is subject to the provisions of sub-Clause 14.2.
- 14.2 As specified in sub-Clause 13.6, if the Services are to begin within the cooling off period you are required to make an express request to that effect. By requesting that the Services begin within the 14 calendar day cooling off period you acknowledge and agree to the following:
- 14.2.1 If the Services are fully performed within the 14 calendar day cooling off period, you will lose your right to cancel after the Services are complete.
- 14.2.2 If you cancel the Services after provision has begun but is not yet complete you will still be required to pay for the Services supplied up until the point at which you inform Us that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that have already been paid for the Services shall be refunded subject to deductions calculated in accordance with the foregoing. Refunds, where applicable, will be issued within 5 working days and in any event no later than 14 calendar days after you inform Us that you wish to cancel.
- 14.3 Cancellation of Services after the 14 calendar day cooling off period has elapsed shall be subject to the specific terms governing those Services and may be subject to a minimum contract duration.
16. How We Use Your Personal Information (Data Protection)
- 16.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions ofapplicable US law.
- 16.2 We may use your personal information to:
- 16.2.1 Provide Our Services to you;
- 16.2.2 Process your payment for the Services; and
- 16.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
- 16.3 In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by applicable US law and should use and hold your personal information accordingly.
- 16.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.
- 17.1 WE MAKE NO WARRANTY OR REPRESENTATION THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE OF SATISFACTORY QUALITY, THAT IT WILL BE FIT FOR A PARTICULAR PURPOSE, THAT IT WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES, THAT IT WILL BE COMPATIBLE WITH ALL SYSTEMS, THAT IT WILL BE SECURE AND THAT ALL INFORMATION PROVIDED WILL BE ACCURATE. WE MAKE NO GUARANTEE OF ANY SPECIFIC RESULTS FROM THE USE OF OUR SERVICE OR SERVICES. WE DISCLAIM ANY WARRANTY OF MERCHANTABILITY AND ANY OTHER IMPLIED WARRANTY.
- 17.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
- 17.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
- 17.4 WhileWe use reasonable endeavors to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
18. Changes to the Facilities and these Terms and Conditions
19. Availability of the Website
- 19.1 The Website is provided “AS IS” and on an “AS AVAILABLE” basis. EFC uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects or faults and we do not provide any kind of refund for outages. WE PROVIDE NO WARRANTIES (EXPRESS OR IMPLIED) OF FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATION, COMPATIBILITY AND SATISFACTORY QUALITY.
- 19.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
20. Limitation of Liability
- 20.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. YOU SHOULD BE AWARE THAT YOU USE THE WEBSITE AND ITS CONTENT AT YOUR OWN RISK.
- 20.2 In the event that any of these terms are found to be unlawful, invalid, or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions, unless such term is an essential term. This term shall apply only within jurisdictions where a particular term is found illegal.
21. No Waiver
22. Previous Terms and Conditions
23. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party and there are no third-party beneficiares to these Terms and Conditions or any contract created between you and Us. The agreement created by these Terms and Conditions is between you and EFC.
- 24.1 All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to [email protected] Such notice will be deemed received 30 days after posting if sent by first class mail, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday, if receipt of such email is acknowledged by EFC.
- 24.2 We may from time to time, if you opt to receive it, send you information about Our products and services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.
25. Law and Jurisdiction
These Terms and Conditions and the relationship between you and EFC shall be governed by and construed in accordance with the laws of the State of Texas, United States. Any dispute arising out of these Terms and Conditions shall be brought exclusively in the state District Courts of Tarrant County, Texas.
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.