INTRODUCTION
This Agreement contains the complete terms and conditions that apply to you in joining, buying, bidding, selling and all other activities you will make in our website. By using or shopping from this Web site, you agree to be bound by its terms of use and shall comply thereof. This Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and computer programs provided by or through the Site, and the subject matter of this Agreement. Amendments to this agreement can be made and effected by us from time to time without specific notice to you end. Agreement posted on the Site reflects the latest agreement and you should carefully review the same before you use our site.
You agree not to disclose information you obtain from us and or from our clients, advertisers and suppliers. All information submitted to by an end-user customer pursuant to a Program is proprietary information of FitForm.biz. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
NON-WAIVER
Failure of FitForm.biz to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
SUBSCRIPTIONS
- SUBSCRIPTION TERMS. We may offer you the ability to purchase subscriptions via the trainer’s home page on Fitform.biz. Terms specific to a subscription will be disclosed to you at or prior to the time at which you purchase the subscription, and by purchasing the subscription you are agreeing to those terms.
- FREE TRIALS AND PROMOTIONAL PERIODS. If a subscription commences with a free trial or a promotional period, you will have the right to cancel the subscription prior to the end of the trial or period. If we do not provide you with an online cancellation mechanism, then you may exercise this cancellation right by contacting us. We will email you prior to the end of the free trial or promotional period to remind you that the trial or period is coming to an end, and to give you an opportunity to cancel before the commencement of the paid period. If you do not cancel, we will bill you at the end of the free trial or promotional period, and your subsequent cancellation rights will be in accordance with the terms specific to the subscription.
- CANCELLATION. Your cancellation rights, and the mechanism via which you may notify us of your decision to cancel, will be disclosed to you at or prior to the time at which you purchase a subscription. As stated in each trainer package, a customer can cancel at any time. If you initially signed up for a subscription term and you cancel, the cancellation would be effective at your next billing month so the current month that was paid is completed.
YOUR ACCOUNT
We may require that you create an account to access Fitform.biz, including to make purchases. If we do so, you must provide accurate information about yourself when you create an account and ensure that you update us if that information changes. You must ensure that your login details remain confidential. You are responsible for any activity, including any purchases made, under your account. We reserve the right to terminate your account at any time and for any reason.
NO WARRANTIES
We provide the FitForm.biz trainer pacakges and any future merchandise we may sell, “as is” and “as available”, without any express, implied, or statutory warranties of title, merchantability, fitness for a particular purpose, noninfringement, or any other type of condition, warranty or guarantee. No data, documentation or any other information provided by Stripe or obtained by you from or through the Fitform.biz – whether from Stripe or another entity, and whether oral or written – creates or implies any warranty from Stripe to you.
Stripe disclaims any knowledge of, and does not guarantee: (a) the accuracy, reliability, or correctness of any data provided through Fitform.biz; (b) that Fitform.biz Products will meet your specific needs or requirements; (c) that Fitform.biz will be available at any particular time or location, or will function in an uninterrupted manner or be secure; (d) that Stripe will correct any defects or errors in the Fitform.biz online platform; or (e) that Fitform.biz is free of viruses or other harmful code. Use of data, products or services that you access, purchase or download through Fitform.biz is done at your own risk – you are solely responsible for any damage to your property, loss of data, or any other loss that results from such access, purchase or download.
Nothing in these Terms of Use operates to exclude, restrict or modify the application of any implied condition, warranty or guarantee, or the exercise of any right or remedy, or the imposition of any liability under law to the extent that doing so would: (a) contravene that law; or (b) cause any term of this agreement to be void.
Cancellations and Refunds
Terms and conditions relating to the refund and cancellation policy of Trainer in connection with an Appointment is available in the applicable Listing. FitForm.biz’s ability to refund an Appointment Fee and, in some cases, other amounts charged to a Client, will depend upon the terms and conditions of the applicable refunds and cancellation policy. Each Trainer acknowledges and agrees that FitForm.biz may, in accordance with the applicable refunds and cancellation policy reflected in the relevant Listing, (i) permit the relevant Client to cancel such fitness package, and (ii) refund to the relevant Client that portion of the Appointment Fees specified in such cancellation policy.
If a Client cancels a requested fitness package of an Appointment before such fitness package is confirmed by the relevant Trainer, any applicable pre-authorized charge to such Client’s credit card will be canceled or refunded within a commercially reasonable time. If a Client cancels a requested fitness package of an Appointment after such fitness package is confirmed by the relevant Trainer, such cancellation will be subject to the terms and conditions of the applicable refunds and cancellation policy reflected in such Trainer’s applicable Listing.
If a Trainer cancels a fitness package of an Appointment after such fitness package is confirmed by such Trainer, (i) FitForm.biz will refund the Client Fees for such fitness package to the applicable Client within a commercially reasonable time of the cancellation and (ii) the Client may receive an e-mail or other communication from FitForm.biz containing, among other things, alternative Listings. For purposes of clarity, fitness packages of any such alternative Listing will be subject to the terms and conditions set forth by the relevant Trainer in connection with such alternative Listing. If a Trainer cancelled a confirmed fitness package and you, as a Client, have not received an e-mail or other communication from FitForm.biz, please contact FitForm.biz via support@FitForm.biz.
PAYMENT
Fees Charged to Clients
Training Packages: With a fitness package an Appointment, each Client is charged a fee in consideration for such Appointment (the “Trainer Package Fee”). Trainer Package Fees will be inclusive of applicable taxes where required by law.
Please note that it is the Trainer, and not FitForm.biz, who determines the amount of the relevant Trainer Package Fees.
Client Fees, the Fitness package Fees and all applicable taxes are collectively referred to herein as the “Client Fees”. Listings for Appointments will display the Client Fees. FitForm.biz will collect the Client Fees when a Client purchases or subscribes to a Trainer Fitness package and will initiate payment of the relevant portion of the Appointment Fees to the relevant Trainer’s account within 24 hours after such Client purchase (except to the extent that a refund is due to such Client).
Each Client agrees to pay FitForm.biz the applicable Client Fees in connection with an Appointment booked by such Client that is confirmed by the relevant Trainer. To facilitate fitness packages, the Client acknowledges and agrees that FitForm.biz, on behalf of the Trainer, reserves the right, in its sole discretion, to (i) obtain a pre-authorization for the applicable Client Fees via such Client’s credit card, or (ii) charge such Client’s credit card a nominal amount, not to exceed one dollar ($1), to verify such Client’s credit card. Once FitForm.biz receives confirmation of such Client’s fitness package of an Appointment from the applicable Trainer, FitForm.biz will charge the Client’s credit card in the amount of the Client Fees set forth in the relevant Listing in accordance with these Terms. Please note that you, as a Client, may be charged additional transaction or processing fees by your credit card company in connection with FitForm.biz's collection of the applicable Client Fees.
Fees Charged to Trainers
In consideration for the fitness package services provided to Trainers, FitForm.biz charges a fee to Trainers based upon a fixed amount (the “Trainer Fees”, and together with the Client Fees, the “Service Fees”). Trainer Fees are deducted from the relevant Appointment Fees before FitForm.biz remits the balance of such Appointment Fees to the Trainer. Balances will be remitted by FitForm.biz to Trainers via our 3rd party provider “Stripe”. Please note that for any payments by FitForm.biz in currencies other than U.S. dollars, FitForm.biz may deduct foreign currency processing costs from such payments. Trainer Fees incurred by Trainers are final and non-refundable, unless otherwise determined by FitForm.biz.
Third Party Service Provider
The Services utilize Stripe, Inc. (“Stripe”) as FitForm.biz’s third party service provider for services such as card acceptance, merchant settlement, and payment processing (collectively, “Payment Services”). By making use of some or all of these Payment Services, Members agree to be bound by Stripe’s terms and conditions (available at https://stripe.com/connect/account-terms along with Stripe’s privacy policy: https://stripe.com/us/privacy) and hereby consent and authorize Fitform.biz to delegate the authorizations and share the information you provide to Fitform.biz with Stripe to the extent required in order to provide the Payment Services to you. Stripe may also be contacted directly for payments support at https://support.stripe.com/.
LIMITATION OF LIABILITY
Under no circumstances will Stripe be responsible or liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use Fitform.biz or for the unavailability of the Fitform.biz platform, or for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or relating to these Terms of Use or your use of Fitform.biz, even if such damages are foreseeable, and whether or not you or the Stripe has been advised of the possibility of such damages. Stripe is not liable, and denies responsibility for, any damages, harm, or losses to you arising from or relating to hacking, tampering, or other unauthorized access or use of Fitform.biz or your failure to use or implement anti-fraud measures, security controls, or any other data security measure. Stripe further denies responsibility for all liability and damages to you or others caused by (a) your access or use of Fitform.biz inconsistent with our instructions; (b) any unauthorized access of servers, infrastructure, or data used in connection with Fitform.biz; (c) any bugs, viruses, or other harmful code that may be transmitted to or through Fitform.biz; (d) any errors, inaccuracies, omissions, or losses in or to any data provided to us; (e) third-party content provided by you; or (f) the defamatory, offensive, or illegal conduct of others.
You agree to limit any additional liability not disclaimed or denied by Stripe in relation to Fotform.biz online platform, Fitform.biz products, to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate the greater of the amounts paid by you to Stripe during the three-month period immediately preceding the event that gave rise to your claim for damages, and USD $20. These limitations on our liability to you will apply regardless of the legal theory on which your claim is based, including contract, tort (including negligence), strict liability, or any other theory or basis.
DISCLAIMERS
Health Warning
THE SERVICES OFFER HEALTH AND FITNESS INFORMATION AND ARE DESIGNED FOR INFORMATIONAL PURPOSES ONLY. NOTHING STATED OR POSTED ON OR THROUGH THE SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. YOU SHOULD NOT RELY ON ANY INFORMATION AVAILABLE THROUGH THE SERVICES AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ THROUGH THE SERVICES. THE USE OF ANY INFORMATION PROVIDED THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK.
No Warranty
THE SERVICES AND COLLECTIVE CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, FITFORM.BIZ EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. FITFORM.BIZ MAKES NO WARRANTY THAT THE SERVICES OR COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY APPOINTMENTS, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. FITFORM.BIZ DOES NOT HAVE CONTROL OVER THE QUALITY, TIMING, OR LEGALITY OF THE TRAINING SESSIONS ACTUALLY DELIVERED BY TRAINERS, NOR OF THE INTEGRITY, RESPONSIBILITY OR ACTIONS OF CLIENTS OR TRAINERS. WE DO NOT REFER OR RECOMMEND EITHER CLIENTS OR TRAINERS NOR DO WE MAKE ANY REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, AND ACCURACY OF THE TRAINING SESSIONS PROVIDED BY TRAINERS OR THE INTEGRITY, RESPONSIBILITY OR ACTIONS OF CLIENTS OR TRAINERS WHETHER IN PUBLIC, PRIVATE OR OFFLINE INTERACTIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FITFORM.BIZ OR THROUGH THE SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Assumption of Risk
YOU UNDERSTAND THAT FITFORM.BIZ DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF MEMBERS OR TO MONITOR, REVIEW OR VISIT ANY APPOINTMENTS. FITFORM.BIZ MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY SCHEDULE OR FUTURE USERS OF THE SERVICES. FITFORM.BIZ IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY CLIENT, TRAINER OR OTHER USER OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS AND USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, CLIENTS AND TRAINERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER THE ORGANIZATION OF SUCH MEETINGS IS FACILITATED BY FITFORM.BIZ. YOU ACKNOWLEDGE AND AGREE THAT FITFORM.BIZ DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION.
NOTWITHSTANDING FITFORM.BIZ'S APPOINTMENT AS THE AGENT OF MEMBERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM CLIENTS ON BEHALF OF TRAINERS, FITFORM.BIZ EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY MEMBER OR OTHER THIRD PARTY. ACCORDINGLY, ANY BOOKINGS OF APPOINTMENTS WILL BE MADE AT THE TRAINER’S AND CLIENT’S OWN RISK.
MISCELLANEOUS
This Agreement shall be governed by and construed in accordance with the substantive laws of Georgia, without any reference to conflict-of-laws principles.
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Georgia, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.
The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein.
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.