1. ELASKO Terms and Conditions
By clicking “I accept”, you agree to be personally bound by these terms and conditions, these terms apply to the use of this Website (or any associated APP)
As with any physical activity, it is important that before beginning any fitness regime, you consult with your health care professional to ensure that you are mindful of your current health and any restrictions that are appropriate for you. You should immediately seek medical attention if there are any unanticipated changes to your physical condition at any time.
No information contained in the Website (or APP) is intended to be used as medical advice and is not intended to be used to diagnose, treat, cure or prevent any medical condition (including any mental health conditions) or for any therapeutic purposes.
You must consult a qualified medical professional if you have any questions concerning your medical condition or injury.
1.2 Fitness Levels
We recommended that you exercise regularly. Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of a new fitness regime should consult with an appropriate healthcare professional before beginning exercise. You are responsible to make your own inquiries and seek independent advice from a healthcare professional before acting on any information or material made available to you through our Website (or APP). The information on the Website (or APP) may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified health care professional.
To the maximum extent permitted by law, we exclude all liability arising from any services or activities within the ELASKO website or online activity (APP) for: (1) death; (2) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); (3) the contraction, aggravation or acceleration of a disease; and (4) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs: (a) that is or may be harmful or disadvantageous to you or the community; or (b) that may result in harm or disadvantage to you or the community, resulting from the supply of recreational services or recreational activities, but we do not exclude our liability to significant personal injury which is caused by our reckless conduct in the supply of recreational services or activities.
1.3 Waiver, Informed consent, and covenant not to sue (participation in the ELASKO APP)
I have volunteered to participate in a class, course or program containing physical exercise under the direction of ELASKO limited. In consideration of ELASKO limited, with agreement to instruct, assist, and train me, I do here release and discharge and hereby hold harmless ELASKO limited, and their respective employees from any and all claims, demands, damages, rights or causes of action, present and future, arising out of or connected with my participation in this or any program including any injuries resulting from them. This waiver and release from liability includes, without limitation, injuries which may occur as a result of (1) my use of all amenities and ELASKO equipment, and facilities or premises and my participation in any activity, class program, personal training or instruction (2) Equipment that may malfunction or break (3) their negligent instruction or supervision (4) any slipping and/ or falling dropping of equipment.
Assumption of Risk (participation in the ELASKO APP)
To my best knowledge I am in good physical condition and have no disease, physical limitation, health concern or injury that would be aggravated or would be the cause of any injury sustained, before, during or as a result of my participating in activities related either directly and/ or indirectly to ELASKO.
I recognise that exercise might be difficult and there could be dangers inherent in exercise for some individuals. I acknowledge that the possibility of certain unusual physical changes during exercise does exist. These changes include abnormal blood pressure; fainting; disorders in heartbeat.
I understand that as a result of my participation in an exercise or other program, I could suffer an injury or physical disorder.
I recognise that an examination by a physician should be obtained by all participants prior to involvement in any exercise or physical program. If I have chosen not to obtain a physician’s permission prior to beginning this exercise or physical program with ELASKO limited, I hereby agree that I am doing so at my own risk.
In any event, I acknowledge and agree that I assume the risks associated with any and all activities and/ or exercises in which I participate.
I acknowledge and agree that no warranties or representations have been made to me regarding the results I will achieve from this program. I understand that results are individual and may vary.
I acknowledge that I have thoroughly read this waiver and release and fully understand that it is a release of liability. By agreeing to this document, I am waiving any right I or my successors might have to bring a legal action or assert a claim against ELASKO limited, for your negligence or that of your employees.
1.4 Equipment fulfilment
The equipment manufacturing and distribution is fulfilled by our partners NOHrD, WaterRower GmbH, GERMANY, Otto-Hahn-Stasse, 48529, Nordhorn.
The ELASKO product range is handmade in various woods and leathers hence WaterRower GmbH stock only a small range. Depending on your choice of wood there could be a waiting time for delivery of your equipment. You will be notified upon payment.
1.5 Warranty (fulfilled by WaterRower GmbH, GERMANY)
This warranty counts for Private and Commercial Use.
The manufacturer of all NOHrD labelled products, WaterRower GmbH in Germany, will replace or repair at its factory in Nordhorn (D) or in a nominated service centre any NOHrD products or NOHrD component found to be defective in material or workmanship for a period of ONE (1) YEAR from the date of initial shipment by WaterRower Inc./GmbH. The Warranty is Upgradeable to a TWO (2) Years on all Components and TWO(2) Years on all Wooden Components by registering your NOHrD product within the first year of purchase.
This warranty will be invalid if in the opinion of WaterRower Inc/GmbH the claim has been caused by:
(a) accident, abuse, misuse, misapplication or as a result of any modification other than by WaterRower Inc./ GmbH;
(b) deterioration due to normal wear and tear (c) improper preventive maintenance steps as described in the NOHrD manual.
Return of the NOHrD products or NOHrD component to WaterRower’s GmbH factory in Germany or to a nominated service centre (WaterRower Inc.) will be the responsibility of the claimant.
The NOHrD product or component should be packed to protect it from damage; WaterRower Inc. / GmbH will not be responsible for any damage which may occur during shipment. Postage should be prepaid and the package should contain the claimant’s name, address and telephone number, a description of the problem, and proof of purchase.
WaterRower Inc/ GmbH will return the NOHrD product or NOHrD component to the claimant at its (WaterRower Inc/ GmbH) expense except in the case where the warranty has been deemed invalid. In the event that the warranty is found to have been invalidated, then the costs of such investigation, repair and any associated shipping costs shall be borne by the claimant.
This warranty is not transferable. WaterRower Inc/ GmbH warrants against any defective NOHrD spare part received from WaterRower Inc/ GmbH or any authorized dealer for a period of NINETY (90) DAYS after the date of shipment.
WaterRower GmbH shall not be liable for any direct, consequential, incidental indirect or special damages under this warranty, or any implied warranty.
The warranty described in this paragraph shall be in lieu of any other warranty, express or implied, including but not limited to, any implied warranty of merchantability or fitness for a particular purpose. The term of this warranty does not affect or prejudice the statutory rights of a consumer, neither does it limit or exclude any liability for death or personal injury caused by WaterRower Inc/ GmbH negligence.
For further information please contact us via firstname.lastname@example.org