TERMS & CONDITIONS
AGREEMENT BETWEEN USER AND TOTAL FIT LLC
The website (the "Site") consists of various web pages operated by Total Fit LLC. Total Fit LLC is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of Total Fit LLC constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Total Fit LLC is an e-commerce and information site. Total Fit LLC provides general fitness advice, recommendations and coaching and is not intended to diagnose, treat or cure disease or health conditions. Total Fit LLC provides fitness coaching and education through the use of free PDF guides, video series, blog posts and other marketing materials as owned by Total Fit LLC. Total Fit LLC also offers paid group coaching programs, personalized one-on-one nutrition coaching and digital downloads such as virtual workouts.
Visiting Total Fit LLC or sending email to Total Fit LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Total Fit LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Total Fit LLC only with permission of a parent or guardian.
You may cancel group coaching services within 30 days for a full refund provided you've met the refund requirements which include: provide completed homework and written assignments for the length of the program you have been enrolled in. Please email weha@ totalfit.studio for refunds and cancellations. PeachLIVE, one-on-one coaching services and digital downloads are non-refundable and non-transferrable.
LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES
Total Fit LLC may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Total Fit LLC and Total Fit LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes of updates to a Linked Site. Total Fit LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Total Fit LLC of the site or any association with its operators.
Certain services made available via Total Fit LLC are delivered by third party sites and organizations. By using any product, service or functionality origination from the Totalfit.studio domain, you hereby acknowledge and consent that Total Fit LLC may share such information and data with any third party with whom Total Fit LLC has a contractual relationship to provide the requested product, service or functionality on behalf of Total Fit LLC users and customers.
NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
All content included as a part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Total Fit LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Total Fit LLC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of content without the express written permission of Total Fit LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, experts or implied, to the intellectual property of Total Fit LLC or our licensors except as expressly authorized by these Terms.
USE OF COMMUNICATION SERVICES
The Site may contain bulletin board services, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including email addresses, without their consent; violate any applicable laws or regulations.
Total Fit LLC has no obligation to monitor the Communication Services. However, Total Fit LLC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Total Fit LLC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Total Fit LLC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Total Fit LLC's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Total Fit LLC does not control or endorse the content, messages or information found in any Communication Service and, therefore, Total Fit LLC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Total Fit LLC spokespersons, and their views do not necessarily reflect those of Total Fit LLC.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials provided to Total Fit LLC or posted on any Total Fit LLC web page.
Total Fit LLC does not claim ownership of the materials you provide to Total Fit LLC (including feedback and suggestions) or post, upload, input or submit to any Total Fit LLC Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Total Fit LLC, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of the Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein.
Total Fit LLC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Total Fit LLC's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
The Service is controlled, operated and administered by Total Fit LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Total Fit LLC Content accessed through Total Fit LLC in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Total Fit LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Total Fit LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Total Fit LLC in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereto, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, processing or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
CLASS ACTION WAIVER
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and the Employer agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Total Fit LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
Total Fit LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION , SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Total Fit LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHIC, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
RELEASE AND WAIVER OF LIABILITY
You are working on your health and fitness at your own risk. It is further agreed that all exercises including the use of weights, number of repetitions, and use of any and all machinery, equipment, and apparatus designed for exercising and the use of TFS premises and facilities shall be at your sole risk.
Notwithstanding any consultation on exercise programs which may be provided by TFS employees or agents, it is hereby understood that the selection of exercise programs, methods and types of equipment shall be your entire responsibility, and TFS shall not be liable to you or your family for any claims, demands, injuries, damages, or actions arising due to injury to your person or property arising out of or in connection with the use by you of the services and facilities of TFS or the premises where the same is located.
TFS is not responsible for your stuff, so leave your personal items at home. If you bring any personal property onto the premises of TFS, you take such action at your own risk. You hereby hold TFS, its successors, assigns, owners, officers, directors, employees, and agents harmless from all claims which may be brought against them by you, on your behalf, by your family, or by your executors, administrators, and personal representatives for any such injuries or claims aforesaid.
You for yourself and on behalf of your family, executors, administrators, and personal representatives do hereby forever release and discharge TFS, its successors, assigns, owners, officers, directors, employees, and agents from all claims, demands, injuries, damages, actions, losses and expenses.This section will survive any cancellation of this Agreement.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my family and/or I may be exposed to or infected by COVID-19 by attending the studio and that such exposure or infection may result in personal injury, illness, permanent disability and death.
I voluntarily agree to assume all of the foregoing risks and accept the sole responsibility for any injury to my family and/or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, or any kind that I and or my family may experience or incur in connection with my or my family's attendance at the studio. On my behalf, and on behalf of my family, I hereby release, covenant not to sue, discharge, and hold harmless the Club, its employees, agents and representatives, of and from arising out of or relating thereto. I understand and agree that this release includes any claims based on the actions, omissions. Or negligence of the studio, its employees, agents and representatives, whether a COVID-19 infection occurs before, during or after my or our participation in any activities at the studio.
Total Fit LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Connecticut and you hereby consent to the exclusive jurisdiction and venue of courts in Connecticut in all disputes arising out of or relation to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment or agency relationship exists between you and Total Fit LLC as a result of this agreement or use of the Site. Total Fit LLC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Total Fit LLC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Total Fit LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Total Fit LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Total Fit LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
CHANGES TO TERMS
Total Fit LLC reserves the right, in its sole discretion, to change the Terms under which Total Fit LLC is offered. The most current version of the Terms will supersede all previous versions. Total Fit LLC encourages you to periodically review the Terms to stay informed of our updates.
Total Fit LLC welcomes your questions or comments regarding the Terms. Please contact us at firstname.lastname@example.org.
Effective July 24, 2020.