Disclaimer, Terms & Conditions

NJB Training Systems LLC (“NJBTS”) DBA OBAVOS (“obavos”) specializes in providing physical fitness, nutrition and overall wellness service(s) and/or product (s) to individuals through an online website and/or virtually. If you want to use this website, you must agree to conform to and be legally bound by the terms and conditions below:

MINORS: We do not market our services or products to minors. IF you are below the age of 18, it is required to use our services or products with active involvement and/or permission of parent or legal guardian. IF you are below the age of 18, please do not provide us with personal information.

IF YOU DISAGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT ORDER OR USE OUR WEBSITE

By accessing www.obavos.com (“website”), you represent that you are the participant (if at least eighteen (18) years old) or parent or legal guardian of the participant accessing the website (referred to as "I," "me," “you,” or the “client” ). You desire to participate in the products/services that are offered through the website. These products and/or services include: physical fitness activities, including but not limited to, strength and conditioning, flexibility/mobility training, wellness services, use of the equipment, fitness/exercise plans, consultation services or any other product or service not specifically defined at this time (collectively, the "activities"), provided by accessing the website. As lawful consideration for being permitted by obavos to participate in the activities, I agree to all the terms and conditions set forth in this document.

Liability Waiver and Release

Liability Waiver and Release (this "Agreement"). YOU ARE AWARE AND UNDERSTAND THAT BY ACCESSING OUR WEBSITE AND USING OUR PRODUCTS/SERVICES INVOLVES THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. YOU ACKNOWLEDGE THAT ANY INJURIES THAT YOU SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF Obavos OR OTHERWISE. I UNDERSTAND THAT THIS AGREEMENT WILL APPLY TO EACH AND EVERY TIME THAT I VISIT THE WEBSITE OR USE PRODUCT OR SERVICE OFFERED IN THE WEBSITE.

Voluntary Participation. You understand you are choosing to participate in all activities offered or provided by obavos. You understand using the website, product or services are at your own risk and pursuant to the terms of this Agreement. You will comply with all stated and customary terms.

Identification of Risks. You understand that the Activities involve known and unknown risks, including significant physical and emotional injury, disability, paralysis, death, and/or property damage to myself or to other persons or property. Other risks include, without limitation, cuts and bruises, heart attacks, strokes, muscle strains, muscle pulls, muscle tears, broken bones, injuries to knees or any other joint or parts of the body, heat prostration, or any other illness or soreness that may occur, including death. In addition to the risks of new injury, you further understand that physical exertion associated with using products or services through our website can activate or aggravate pre-existing physical injuries, conditions, symptoms, or congenital defects.

No Guaranty of Safety. You acknowledge obavos cannot ensure or guarantee your safety when using products or services from the website

Assumption of Risk/My Responsibilities. You understand that the risks inherent in the products or services on our website cannot be totally eliminated. You further understand that these products or services may involve strenuous physical activity including, but not limited to, muscle strength and endurance training, cardiovascular conditioning and training, and any other various fitness activities that are not defined. You confirm that you are in good physical condition and do not suffer from any known disability or conditions that would prevent or limit yourself from performing any activity within the products or services offered through the website. You understand and have considered the risks involved and voluntarily choose to assume these risks, as well as to assume all other risks, known or unknown, foreseeable and unforeseeable, connected with my participation in any products or services through the website. You accept personal responsibility for any liability, injury, loss, or damage in any way connected with your participation in the activities.

I, for myself and my spouse, heirs, assigns, next of kin, personal representatives, and estate (the "Releasing Parties"), expressly waive and release any and all claims, now known or hereafter known, against Obavos, and its officers, directors, employees, agents, affiliates, members, managers, shareholders, successors and assigns, (collectively, the "Released Parties"), arising out of or attributable to my participation in the activities, whether arising out of the negligence of obavos or any Released Parties or otherwise. I agree not to sue any Released Party and agree that I am releasing any right to make or bring any and all claims or suits against Obavos or any other Released Party, and forever release and discharge Obavos and all other Released Parties from liability under any and all claims.

Indemnification. You agree to defend, hold harmless and indemnify Obavos and all other Released Parties against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, investigation costs, defense costs, and other costs or expenses of whatever kind, including reasonable attorney fees and the costs of enforcing any right to indemnification under this Agreement (collectively, the "Losses") arising out of or resulting from my participation in the activities, products or services.

Applicable Law/Venue Selection. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule (whether of the State of New Jersey or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Morris County, New Jersey and I consent to the exclusive jurisdiction of such courts.

Severability. You understand that this Agreement is intended to be as broad and inclusive as permitted by law and that if any portion hereof is held invalid, I agree that the balance shall continue in full legal force and effect. I further agree that if this Agreement is not valid, it shall be construed as a covenant not to sue.

Entire Agreement/Binding Effect. This Agreement constitutes the sole and entire agreement of Obavos and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. This Agreement is binding on and shall inure to the benefit of Obavos . BY ACCESSING THE WEBSITE AND/OR USING ANY OF THE SERVICES AND/OR PRODUCTS OFFERED BY Obavos  I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE Obavos. I further acknowledge that I am the parent or legal guardian of the minor participant using any of the services and/or products offered by Obavos .

This website, and the content contained within, is provided for information purposes only. NJBTS accepts no liability for misstatements and/or errors contained in this website. NJBTS reserves the right to refuse and/or accept any individual client, group and/or any commercial relationship. NJBTS reserves the right to modify pricing or any other terms without notice. By submitting your contact information, via any form to NJBTS, you authorize and provide your full consent for NJBTS to contact you.

LAST UPDATED:  MAY 7th, 2022