This agreement sets forth the terms and conditions under which such information shall be provided to Recipient. In consideration of Moms Into Fitness Inc. disclosure of information (as defined below) to Recipient, Recipient agrees as follows:
1. Information. “Information” includes any and all information disclosed by Moms Into Fitness to Recipient. All information provided does not supersede medical recommendations from the medical community. It is not intended to replace the advice or attention of medical professionals. This information is not to supersede the recommendations of your client’s physician. The recipient assumes all responsibility for, and all risk of damage or injury that may occur to the participant during the exercises and activities or using products set forth by Moms Into Fitness, Inc. (referred to in this assumption of risk agreement and release as anything including Lindsay Brin or Moms Into Fitness, Inc.), while participating in exercises and activities, using equipment, and following instructions and advice during these exercises and activities. In consideration of participating in Moms Into Fitness, Inc. exercises and activities, the participant releases and discharges Moms Into Fitness, Inc., it’s and their owners, employees and agents, from all claims, demands, rights or causes of action, present or future, whether known, anticipated or unanticipated, and resulting from or arising out of, engaging in, or incident to, the participant’s activities and exercises in Moms Into Fitness, Inc. There are no guarantees or warranties of this information for any particular purpose.
The safety and presentation of health information and/or exercises is the responsibility of the recipient. Exercises are for healthy women, and should not be used in place of professional judgment.
2. Term. This Agreement shall be in effect from this day.
3. Non-Disclosure. Recipient (i) shall maintain Information in confidence, (ii) shall use at least as great a standard of care in protecting Moms Into Fitness Inc. Information as it uses to protect its own information of like character, but in any event not less than a reasonable degree of care; (iii) shall use such Information solely for the Purpose; (iv) shall not copy or reproduce any of the Proprietary Information without Moms Into Fitness Inc. express prior written consent.
4. No License. No right or license, express or implied, under any patent, copyright, trade secret or other proprietary right is granted hereunder. Neither party has an obligation under this Agreement to purchase any item or service from the other party.
5. No Waiver. No failure or delay by Moms Into Fitness in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or subsequent exercise thereof or the exercise or any other right, power or privilege hereunder.