For good andvaluable consideration, Client has agreed to purchase a package of VirtualTraining Classes (hereinafter“Classes”). In exchange, Company agrees to provide the services outlined in theClasses Details below, and Classes Outline attached hereto. Client understandsand agrees that Company will utilize suitable methodologies in accordance withClient’s needs, and in accordance with her/her training.
1. Classes Details
a. Client agrees and understands that he/she is purchasing a packageof Virtual Training Classes (hereinafter “Classes”) as outlined on the salespage. Client acknowledges that he/she has conducted any additional researchnecessary to feel he/she understands what is being provided in Classes, as wellas what is not included. Client agrees to be bound by the terms and conditionsoutlined herein, as well as the general policies and procedures that can befound in this Agreement and on Company’s website.
b. Client understands Classes will be conducted 100% virtually –there are no in person elements to Classes, nor will there be any in person instruction,training, or offerings at this time. Client confirms he/she will conduct anindependent assessment of his/her fitness level and abilities, and obtain anyapplicable physician clearance prior to beginning Classes. As outlined herein,Company is not responsible nor liable for any injuries sustained, and Clientunderstands and assumes all associated risks of Classes herein.
2. Intellectual PropertyRights
a. Client agrees andunderstands that Company has created numerous original, creative works inconnection with the Classes, and agrees that Company maintains all copyrightsand other intellectual property rights in all original or derivative contentassociated with or included in the Classes. Client agrees she/he may be granteda limited right to use selected materials in order to complete Classes, butunderstands that the rights remain with Company. Nothing in this Agreementshall constitute a transfer of ownership of any Intellectual Property fromCompany to Client, nor grant any license to use the video.
b. Client agrees andunderstands he/she is not to copy, repost, alter, publish, sell, assist othersin selling, manipulate, distribute, or in any way exploit any of the content orintellectual property provided by Company without Company’s express written consent. Ifsuch behavior is discovered or suspected, Company reserves the right toimmediately end participation in the Classes without refund, as well as accessto any Classes or materials you may have purchased, without refund, and reservethe right to prosecute any actionable infringement or misuse to the full extentof the law.
a. Client agrees to renderpayment via Visa,American Express, Master Card, and understands thatthe full purchase amount is due and payable upfront. Client agrees that absentan agreement regarding a payment plan with Company, he/she must completepayment in full before becoming entitled to any products or services includedwithin Classes.
4. Refund Policy
a. Company is not able tooffer refunds once Client has purchased the Classes. Client understands thisprovision, and agrees that he or she is not entitled to a refund once paymenthas been issued to Company. Client further agrees and understands that changinghis/her mind about the Classes, failing to follow through or understand thedetails of the Classes, not experiencing the results he/she expected ordesired, or experiencing any other similar situations does not entitle her to arefund.
a. Client agrees at alltimes to defend, fully indemnify and hold Company and any affiliates, agents,team members or other party associated with Company harmless from any causes ofaction, damages, losses, costs, expenses incurred as a result of Client’s useof Classes, as well as any third-party claims of any kind (including attorney’sfees) arising from his/her actions as a direct or indirect result of Client’sparticipation in Classes. Should Company be required to defend herself in anyaction directly or indirectly involving Client, or an action where we decideClient’s participation or assistance would benefit Company’s defense, Clientagrees to participate and provide any evidence, documents, testimony, or otherinformation deemed useful by Company, free of charge.
b. By execution of thisagreement, you hereby agree to indemnify and hold harmless Company from anyloss, liability, damage, or cost Company may incur due to the provision ofpersonal training by Company to you.
6. Medical Disclaimer – Not Medical or ProfessionalAdvice
a. The purpose and goal ofClasses is to help Client achieve a health, wellness, or fitness goal. Classesand content contained within them is not to be considered medical advice, andnothing within the Classes is intended to provide or act as a substitute forphysical or mental health treatment. There are no treatment or medical-basedelements to Classes, and is not meant for those who are in need of (or thinkthey may be in need of) medical services. Company is not attempting norsuggesting Client enroll in Classes in place of a personalized consultationwith a medical professional in your geographical area. Company encouragesClient to consult a physician if he/she suspects he/she may benefit from suchservices.
7. Disclaimer /NoGuarantees
a. Company cannot guaranteeresults of the Classes, and cannot make any representations or guaranteesregarding individual results. Client will hold Company and Classes harmless ifhe or she does not experience the desired results.
b. Client understands thatall services provided by Company in connection with the Classes being purchasedare provided on an “as is” basis, meaning it is without any guarantees,representations, or warranties, including but not limited to warrantiesrelating to quality, non-infringement, fitness for a particular purpose,merchantability, or expectation or course of performance. Client is choosing topurchase this Classes and work with Company on a purely voluntary basis anddoes not hold Company or Classes responsible should Client become dissatisfiedwith any portion of the Classes.
c. Client agrees thathe/she does not have a cause of action, legal remedy, and is not entitled to arefund should he/she not achieve the results desired following completion ofthe Classes, as long as Company delivers the Classes as described in theClasses Outline Addendum below, or similar substitutes, upon additionalagreement by Company and Client.
d. Client also understandsCompany is not a doctor, nurse, lawyer, financial adviser, licensed therapist,or otherwise, and agrees to hold Company harmless should any physical,emotional, or financial injury occur as a direct or indirect result of theClasses. The content provided by Company on his/her website and within theClasses is comprised of information that has worked for Company and otherclients, and may or may not be useful to Client in his/her personal business orlife. Client understands Company cannot guarantee results from this Classes,and has no expectation of a specific result that he or she holds Companyresponsible for.
a. Client agrees on behalfof him/herself, as well as any and all representatives, heirs, agents, assigns,and executors to fully release and discharge Company and all employees,affiliates, contractors from any and all claims or causes of action, whetherknown or unknown, which may arise out of Client’s participation in a program orservice from Company, including those which may have been directly orindirectly caused by the negligence of Company, its contractors, employees,affiliates, or other representatives. This release includes but is not limitedto any injuries that may occur as a direct or indirect result of (a)participation in a virtual training or “workout” video provided by Company, (b)illness or other issue stemming from nutritional recommendations or informationprovided by Company, or (c) negligent instruction in training video orassumption that Client was aware of a safety precaution.
9. Assumption of the Risk
a. Client understands theinherent risk of injury, illness, damage, loss, or other negative consequencethat comes with beginning a health and fitness routine whether in person orvirtually. Client understands the increased risks and increased need forClient’s independent assessment and action that comes with a virtual trainingprogram, and Client agrees to assume all risks of at-home or virtual training.Client agrees he/she is aware of and assuming these risks in order tovoluntarily proceed with Company’s services. This assumption of the riskincludes but is not limited to: purchase and use of exercise equipment asrecommended on virtual training videos, participation in any workout orfitness-related video made available by Company, or implementation oflifestyle, diet, or nutrition-based modifications recommended by Company. Should any such incidents occur, Clientunderstands it is of no fault or responsibility of Company, and agrees neitherCompany nor its employees, contractors or affiliates are to be held liable.
b. Client agrees that ifhe/she engages in any physical exercise or activity through Company, he/shedoes so at his/her own risk, and assumes the risk of any and all injury and/ordamage Client may suffer, whether while engaging in physical exercise or not.This includes injury or damage sustained while and/or resulting from completingClasses, or using any equipment, including injuries or damages arising out ofthe negligence of Trainer, whether active or passive, or any of Trainer’saffiliates, employees, agents, representatives, successors, and assigns. Clientassumes the risk of participation in any activity, class, program, instruction,or event, including but not limited to weightlifting, walking, jogging,running, aerobic activities, or any other sporting or recreational endeavor.Client agrees he/she is voluntarily participating in the aforementionedactivities and assume all risk of injury, illness, damage, or loss to Client orhis/her property that might result, whether arising out of the negligence ofTrainer or otherwise.
c. Client agrees he/she isin satisfactory condition to begin the Class(es) for which Client is signing upfor, and has no physical limitations or disabilities which prevent or limitparticipation in Classes. Client understands there is an inherent risk of injury.The risks include, but are not limited to:
(a) Injuries arising fromthe use of any equipment before, during, or after Class;
(b) Injuries arising fromparticipation in all virtual Classes;
(c) Injuries or medicaldisorders resulting from exercise before, during, or after the Classesincluding, but not limited to, heart attacks, strokes, heart stress, sprains,broken bones, and torn muscles or ligaments
d. Client understands andvoluntarily accepts this risk and agree to specifically assume all risk ofinjury, whether physical or mental, before, during, or after participation inor adhering to Classes. Client waives any and all actions that may ariseagainst Flux Studio asa result of any such injury to any such person, including and withoutlimitation, personal, bodily, or mental injury, economic loss or any damagesresulting from the negligence of Flux Studio.
e. Client agrees he/she hasor will be evaluated by his/her personal physician and obtain medical clearanceprior to beginning any series of Classes. If Client elects not to obtain thismedical clearance prior to beginning Program, he/she understands the potentialinjuries and ramifications of such actions, and agrees he or she is taking thisaction against the advice of Company.
10. Virtual Classes
a. Client understands andagrees he/she is purchasing and receiving virtualtraining and/or fitness coaching, which brings with it additional requirementsfor Client to engage in self-assessment, and utilize increase body awarenesswhen participating in virtual workouts, as a representative from Company is notphysically with Client to correct form, spot, or prevent injury fromincorrectly performing an exercise. Company will provide as much instructionthat is available to do virtually, including instructional videos, step-by-stepinstructions for new exercises, modification options, and other similarinstructional aspects as it is able to; however, as Company cannot physicallysee Client performing exercises or completing fitness videos, Clientunderstands this increased responsibility, and that Company is in no wayresponsible nor liable if Client becomes injured, ill, or otherwise suffers anegative response to virtual coaching services. If at any time during a workoutClient feels dizzy, is in pain, or otherwise feels as though he or she shouldnot continue, Client will immediately stop all activity and seek medicalattention. If at any time during Program, Client feels in any way unwell, orthat the services purchased are not working for him/her, Client confirms he/shewill seek medical attention in his/her geographical area, and informCompany.
11. Dispute Resolution
a. Should a dispute arisebetween Company and Client, the parties agree to attempt to resolve bygood-faith negotiations and discussions. (Client agrees that failure to seeresults is not a basis for a “dispute” and agrees he or she does not holdCompany responsible for any specific results, or those results which have beenachieved by other clients of Company.) If unable to reach a resolutioninformally, Client and Company agree that all disputes will be submitted forArbitration by the American Arbitration Association, to be completed in Sherborn, MA, within a reasonableamount of time. Client and Company agree to participate in the arbitrationprocess in good faith and in a manner that will effectively and efficientlyresolve the dispute at hand, including the exchange of any materials,documents, or information. The decision made by the arbitrator is to be finaland binding on both parties, and is not to be appealed or otherwise set aside.It is to be enforceable in any court of proper jurisdiction as a judgement oflaw or decree.
12. Applicable Law
a. This Agreement shall begoverned by and under control of the laws of Massachusetts, regardless ofconflict of law principles, and regardless of location of Client. Clientunderstands this and agrees that the laws of Massachusetts are to be applicable here.
a. This agreement may beamended, changed, extended, or considered waived as needed or desired byCompany, to reflect updates to pricing, policies, and other applicable terms.Please check back and review this Agreement each time you purchase Classes, toensure you are in agreement with the most updated version of this Agreement.
Client andCompany agree this Agreement constitutes the entire agreement betweenCompany and Client, taking place of and superseding any and all prioragreements, discussions, correspondence, or proposals between parties. Clientunderstands that if a portion of the Classes or an expectation is not includedin this Agreement, it does not apply and is not included within the Classes.Client has taken any necessary measures to discuss further and have anyquestions answered by Company or Company’s team, and is in full agreement withthe terms outlined herein.