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Informed Consent & FemFit Body Lab Policy Agreement
I certify that I am a competent adult of at least 18 years of age or that if I am a minor under the age of 18, I understand that the consent of my parent/legal guardian having legal custody will also be required before my participation in an exercise class. This Informed Consent is freely and voluntarily executed and shall be binding upon my spouse, relatives, legal representatives, heirs, administrators, successors and assignees.
I certify that I am in adequate health to participate in any activities at FemFit Body Lab. I understand that should this information change, it is my sole responsibility to notify the instructors at FemFit Body Lab and hereby agree to do so in a timely manner.
I agree that I am bound by the FemFit Body Lab Policies and all signs and other rules posted or distributed in any class shall be considered part of this Agreement. Policies may be revised, supplemented, or amended at the sole discretion of FemFit Body Lab, as deemed necessary for the proper management of the company. FemFit Body Lab reserves the absolute right to change the Policies.
RELEASE AND INDEMNITY AGREEMENT
THIS RELEASE AND INDEMNITY AGREEMENT (“Release”) is made by the undersigned adult (the “Participant”), to release and indemnify FemFit Body Lab as set forth below. The term “FemFit Body Lab” means FemFit Body Lab LLC., a New York limited liability corporation, and all of its subsidiaries, including but not limited to FemFit Body Lab LLC., a New York limited liability corporation, the successors, assignees, employees, officers, directors, agents, contractors and shareholders of FemFit Body Lab LLC and its subsidiaries, and all persons, corporations, partnerships and other entities with which FemFit Body Lab LLC and its subsidiaries are or may in the future become affiliated (collectively, “FemFit Body Lab”)
Participant, on Participant’s own behalf and on behalf of the other members of the Participant’s family, including Participant’s spouse, parents, children, heirs, and assigns (singularly and collectively referred to as “Participant”) hereby grants to FemFit Body Lab this full release and indemnification as consideration in exchange for FemFit Body Lab permitting Participant to participate in FemFit Body Lab’s exercise sessions.
Participant is entering into this Release after having viewed or having had the opportunity to view the site of FemFit Body Lab exercise sessions ; having reviewed the instructor’s qualifications; having had the scope of FemFit Body Lab exercise sessions and their associated risks explained; and having had an opportunity to ask questions regarding the sessions and risks associated with FemFit Body Lab exercise sessions.
Participant is voluntarily participating in FemFit Body Lab exercise sessions with full knowledge, understanding and appreciation of the risks inherent in any physical exercise and expressly assumes all risks of injury and even death which could occur by reason of Participant’s participation.
Participant hereby releases, waives, discharges and covenants not to sue FemFit Body Lab from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or relating to any loss, expense, damages or injury, including death, that may be sustained by Participant, or to any property belonging to Participant, whether caused by the negligence of ,FemFit Body Lab or otherwise as a result of participating inFemFit Body Lab exercise classes.
Participant hereby assumes full responsibility for any and all risks of bodily injury, property damage or death to Participant due to the ordinary negligence or gross negligence of FemFit Body Lab and the ordinary negligence, gross negligence, or willful misconduct of any third party including others participating in FemFit Body Lab exercise sessions.
Participant agrees to indemnify, defend, and hold harmless FemFit Body Lab , at Participant’s sole cost from any and all claims arising out of Participant’s participation in FemFit Body Lab exercise sessions.
All personal property brought to FemFit Body Lab exercise sessions is brought at the sole risk of the Participant as to its theft, damage, or loss.
Participant expressly agrees that the terms of release and the indemnity contained herein are intended to be as broad and inclusive as is permitted by the laws of New York. Any provision of this Release found to be invalid by the courts having jurisdiction shall be invalid only with respect to such provision or portion and all other provisions shall remain in full force and effect.
This Agreement supersedes all prior discussions and agreements with respect to FemFit Body Lab exercise sessions and shall be interpreted according to the laws of the State of New York without regard to choice of law provisions. By my signature below, I acknowledge that I have read and fully understand and accept the terms of this Release and represent and agree that my signature is freely and knowingly given.
BY ELECTRONICALLY SELECTING “ACCEPT” THE PARTICIPANT HAS READ AND VOLUNTARILY ACCEPTED THIS RELEASE AND INDEMNITY AGREEMENT.
Cancellation Policy:
All exercise sessions require an appointment.Any participant that has made an appointment for a session may cancel or change the time of the session provided that a minimum of 24-hours’ notice is given. You can make these changes by contacting your trainer directly. Participants will be charged for the full cost of the session on any late cancellations or no-show appointments.
Purchase Policy:
Payment for sessions is required to be made by the participant on or before the date of the session. If a member has no session inventory, charges for late cancellations or no show appointments for sessions will be charged to the participant’s credit card on file. In addition, charges for sessions which are used by a member but not otherwise paid for will be charged to the participant’s credit card on the day the session is used.
Refund Policy:
All purchases are non-refundable and cannot be shared among clients. Packages are not auto-renewed each month.
Expiration Dates: All sales are final. Session expire six months from the date of purchase.
Terms & Conditions:
TERMS AND CONDITIONS
The following Terms and Conditions (the “Terms”) are applicable to any website and/or good or service offered by FemFit Body Lab and its current and future affiliates, subsidiaries, successors, assigns, employees, officers, directors, agents, contractors and shareholders, including but not limited to,FemFit Body Lab LLC, including, but not limited to, the FemFit Body Lab website located at www.femfitbodylab.com, and any mobile application or other online communication, feature, service and/or program offered by FemFit Body Lab and/or a customer or user of FemFit Body Lab website and/or services (collectively, the “Website”). These Terms should be read carefully by you before proceeding.
By accessing or using the Website and/or participating in any of the FemFit Body Lab exercise sessions, you agree to the following Terms and acknowledge that you have read and fully understand and accept these Terms and represent and agree that your consent is freely and knowingly given. YOU HAVE READ AND VOLUNTARILY CONSENT TO THESE TERMS, INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMERS, MEDICAL INFORMATION, INDEMNIFICATION, RELEASES AND LIMITATION OF LIABILITY CONTAINED IN SECTION 4 HEREIN. If you do not agree to any portion of these Terms, you should not access or otherwise use the Website or attend or participate in any Class.
1. CONVENIENCE AND INFORMATION ONLY. The Website is provided to you as a convenience and for your information only. By merely providing access to the Website, FemFit Body Lab does not warrant or represent that: (a) any materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on the Website (collectively, the “Content”) is accurate or complete; (b) the Content is up-to-date or current; (c) FemFit Body Lab has any obligation to update any Content; (d) the Content is free from technical inaccuracies or programming or typographical errors; (e) the Content is free from changes caused by a third party; (f) your access to the Website will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through the Website is accurate or complete.
2. SITE USE AND CONTENT. You may view, copy or print pages from the Website solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Website without the express, prior, written consent ofFemFit Body Lab. At any time, we may, without further notice, make changes to the Website and/or to the services described in these Terms. We will make an effort to update this web page with any changes to the services described in these Terms.
3. USER ACCOUNT, PASSWORD AND SECURITY.
(a) USER ACCOUNT. For certain types of features available through the Website, we require the use of encryption technologies provided for your protection and/or your use of a UserID and password after setting up a User Account. We use reasonable precautions to protect the privacy of your UserID, password and User Account information, and all credit card information is collected and transmitted by utilizing a Secure Socket Layer (“SSL”) connection. Accordingly, your credit card information is encrypted using an SSL connection is not expected to be read in an intelligible form as it travels to the Website. You, however, are ultimately responsible for protecting your UserID, password and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You agree to (i) immediately notify FemFit Body Lab of any unauthorized use of your UserID, password or User Account, or any other breach of security, and (ii) ensure that you exit from your User Account at the end of each session. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error.
(b) ACCURATE INFORMATION. In creating and using your User Account on the Website, you agree to: (i) provide true, accurate, current and complete information about yourself on any registration form required on the Website (such information being the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if FemFit Body Lab has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, then we have the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.
(c) NON-TRANSFERABILITY OF USER ACCOUNT. User Accounts and UserIDs are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Website with his or her UserID and password.
4. CLASSES: DISCLAIMERS; MEDICAL INFORMATION, INDEMNIFICATION AND RELEASES; PERSONAL PROPERTY; LIMITATION OF LIABILITY.
(a) NO WARRANTIES. YOU EXPRESSLY AGREE THAT THE CLASSES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE CLASSES ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED. PRONATAL FITNESS DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO PARTICIPATE IN CLASSES AT TIMES OR LOCATIONS OF YOUR CHOOSING. THE ENTIRE LIABILITY OF PRONATAL FITNESS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE CLASSES WILL BE THE REFUND OF THE PURCHASE PRICE FOR ANY CLASSES FOUND TO BE INADEQUATE.
(b) MEDICAL INFORMATION, INDEMNIFICATION AND RELEASES.
(i) You must be at least 18 years old to use this Website and/or participate in any Exercise Session (Classes). The Classes, and the fitness, health and nutritional information found on and through this Website, are for educational purposes only. Any physical exercise, including, but not limited to, cardiovascular exercises, dance, running, stretching, walking and weightlifting, all with or without the use of equipment, poses the risk of injury or mental or physical exhaustion. We strongly recommend that you consult your physician before participating in the Classes, or before beginning any new exercise, fitness or nutritional program, regimen or routine, or using any of the exercise equipment featured on this Website or in the Classes.
(ii) We are not a medical organization and our instructors or staff cannot give you medical advice. All encouragement, instruction or suggestion regarding the exercise methods and routines featured on this Website and/or in the Classes are purely optional, and are solely carried out based on your decision to carry them out. Your use of any information provided on the Website or in the Classes is solely at your own risk, and you take all responsibility for determining your mental and physical capacity and limits when participating in physical exercise. You understand that, from time to time instructors may suggest physical adjustments, movements or modifications or the use of equipment, and it is your sole responsibility to determine if any such suggested adjustment, movement or modification or equipment is appropriate for your level of ability and physical and mental condition.
(iii) By visiting the Website with the intent of using the information contained therein and/or participating in the Classes, you affirm that either (A) all of the following statements are true: (1) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (2) you have never felt pain in your chest when engaged in physical activity; (3) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (4) you have never lost your balance because of dizziness and you have never lost consciousness; (5) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (6) your physician is not currently prescribing drugs (for example, water pills) for your blood pressure or heart condition; (7) you do not have a history of high blood pressure, nor does your family have a history of high blood pressure or heart problems; and (8) you do not know of any other reason you should not exercise; or (B) your physician has approved of your use of the information contained on this Website and/or participation in the Classes.
(iv) If you are pregnant, all of the Content on the Website is for information purposes only and is not intended to offer medical advice, or replace the recommendations of your doctor, midwife, or physical therapist. We strongly recommend that you consult your doctor before beginning any exercise program.
(v) BY VISITING THE WEBSITE AND/OR PARTICIPATING IN THE CLASSES, YOU, ON YOUR OWN BEHALF AND ON BEHALF OF THE OTHER MEMBERS OF THE YOUR FAMILY, INCLUDING YOUR SPOUSE, PARENTS, CHILDREN, HEIRS, AND ASSIGNS HEREBY GRANT TO PRONATAL FITNESS THIS FULL RELEASE AND INDEMNIFICATION AS CONSIDERATION IN EXCHANGE FOR PRONATAL FITNESS PERMITTING YOU TO PARTICIPATE IN PRONATAL FITNESS’S EXERCISE CLASSES. YOU ARE ENTERING INTO THIS RELEASE AFTER HAVING VIEWED OR HAVING HAD THE OPPORTUNITY TO VIEW THE SITE OF THE CLASSES; HAVING REVIEWED THE INSTRUCTOR’S QUALIFICATIONS; HAVING HAD THE SCOPE OF CLASSES AND THEIR ASSOCIATED RISKS EXPLAINED; AND HAVING HAD AN OPPORTUNITY TO ASK QUESTIONS REGARDING THE CLASSES AND RISKS ASSOCIATED WITH CLASSES. YOU ARE VOLUNTARILY PARTICIPATING IN CLASSES WITH FULL KNOWLEDGE, UNDERSTANDING AND APPRECIATION OF THE RISKS INHERENT IN ANY PHYSICAL EXERCISE AND EXPRESSLY ASSUMES ALL RISKS OF INJURY AND EVEN DEATH THAT COULD OCCUR BY REASON OF YOUR PARTICIPATION. YOU HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE PRONATAL FITNESS FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS AND CAUSES OF ACTION WHATSOEVER ARISING OUT OF OR RELATING TO ANY LOSS, EXPENSE, DAMAGES OR INJURY, INCLUDING DEATH, THAT MAY BE SUSTAINED BY YOU, OR TO ANY PROPERTY BELONGING TO YOU, WHETHER CAUSED BY THE NEGLIGENCE OF PRONATAL FITNESS, OR OTHERWISE AS A RESULT OF PARTICIPATING IN THE CLASSES. YOU HEREBY ASSUME FULL RESPONSIBILITY FOR ANY AND ALL RISKS OF BODILY INJURY, PROPERTY DAMAGE OR DEATH TO YOU DUE TO THE ORDINARY NEGLIGENCE OR GROSS NEGLIGENCE OF PRONATAL FITNESS AND ITS AGENTS AND THE ORDINARY NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT OF ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, OTHERS PARTICIPATING IN THE CLASSES. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD PRONATAL FITNESS AND ITS AGENTS HARMLESS AT YOUR SOLE COST FROM ANY AND ALL CLAIMS ARISING OUT OF YOUR PARTICIPATION IN THE CLASSES. YOU EXPRESSLY AGREE THAT THE TERMS OF RELEASE AND THE INDEMNITY CONTAINED HEREIN ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAWS OF THE STATE OF NEW YORK. ANY PROVISION OF THIS RELEASE FOUND TO BE INVALID BY THE COURTS HAVING JURISDICTION SHALL BE INVALID ONLY WITH RESPECT TO SUCH PROVISION OR PORTION AND ALL OTHER PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT. THESE TERMS SUPERSEDE ALL PRIOR DISCUSSIONS AND AGREEMENTS WITH RESPECT TO FemFit Body Lab CLASSES AND SHALL BE INTERPRETED ACCORDING TO THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO CHOICE OF LAW PROVISIONS.
(c) PERSONAL PROPERTY. Any personal property brought to Classes is brought at your sole risk as to its theft, damage, or loss. You agree that FemFit Body Lab s in no way responsible for the safekeeping of your personal belongings while you attend Classes or are otherwise at a FemFit Body Lab class location.
(d) LIMITATION OF LIABILITY. IN NO EVENT WILL FemFit Body Lab BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR PARTICIPATION IN CLASSES, USE OF THE WEBSITE AND/OR USE OR RECEIPT ANY PRODUCTS OR SERVICES PROVIDED BY US. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE LIABILITY OF PRONATAL FITNESS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
WEBSITE: DISCLAIMERS; INDEMNIFICATION.
(a) NO WARRANTIES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEBSITE ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEB PAGES ON THE WEBSITE, OR THE SERVERS USED IN CONNECTION WITH THE WEBSITE, ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. FemFit Body Lab DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT FemFit Body Lab WILL HAVE ADEQUATE CAPACITY FOR THE WEBSITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. THE ENTIRE LIABILITY OF FemFit Body Lab AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICE OR PRODUCT PROVIDED ON OR THROUGH THE WEBSITE WILL BE THE REFUND OF THE PURCHASE PRICE FOR ANY PRODUCTS OR SERVICES FOUND TO BE INADEQUATE.
(b) WEBSITE INDEMNIFICATION. You agree to defend, indemnify and hold harmless FemFit Body Lab and its directors, officers, employees and agents from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by FemFit Body Lab, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; and/or (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties.
PRIVACY. Personal data that you provide regarding yourself will be handled in accordance with FemFit Body Lab Privacy Policy.
THIRD PARTY CONTENT.
(a) FemFit Body Lab may provide hyperlinks to other websites maintained by third parties, or PROnatal Fitness may provide third party content on the Website by framing or other methods. THE LINKS TO THIRD PARTY WEBSITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEBSITE IS NOT UNDER FemFit Body Lab CONTROL AND FemFit Body LabIS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEBSITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED TO THE WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
(b) If a third party links to the Website, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with FemFit Body Lab. In most cases,FemFit Body Labis not even aware that a third party has linked to the Website. A third party website that links to the Website: (i) may link to, but not replicate,FemFit Body Lab Content; (ii) may not create a browser, border environment or frame FemFit Body Lab Content; (iii) may not imply that FemFit Body Lab is endorsing it or its products or services; (iv) may not misrepresent its relationship with FemFit Body Lab; (v) may not present false or misleading information aboutFemFit Body Lab products or services; (vi) should not include content that could be construed as distasteful, offensive or controversial; (vii) should contain only Content that is appropriate for all age groups; and (viii) should not knowingly collect information from children without first complying with all applicable laws, rules and regulations.
COPYRIGHT AND TRADEMARKS. The trademarks, service marks and logos used and displayed on the Website are FemFit Body Lab or its subsidiaries’ or affiliates’, registered and unregistered trademarks.FemFit Body Lab is the copyright owner or authorized licensee of all text and all graphics contained on the Website. All trademarks and service marks of FemFit Body Lab, or its subsidiaries or affiliates, that may be referred to on the Website are the property of FemFit Body Lab, or one of its subsidiaries or affiliates. Other parties’ trademarks and service marks that may be referred to on the Website are the property of their respective owners. Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of FemFit Body Lab, or its subsidiaries’ or affiliates’, trademarks, service marks or copyrights without PROnatal Fitness’s prior written permission. FemFit Body Lab aggressively enforces its intellectual property rights. Neither the name of FemFit Body Lab, its subsidiaries or affiliates, nor any of FemFit Body Lab other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Website or otherwise, withoutFemFit Body Lab prior written permission, except that a third party website that desires to link to the Website and that complies with the requirements of Paragraph 7(b) above may use the names “FemFit Body Lab in or as part of that link.
SUBMISSIONS. If you send, transmit, post, email or otherwise convey to FemFit Body Lab whether at our request or not, any non-personally identifiable information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles, stories about yourself, or other materials of any kind whatsoever, including, but not limited to, postings in chat rooms or on bulletin boards (collectively, the “Submissions”), subject to FemFit Body Lab Privacy Policy, none of the Submissions will be subject to any obligation of confidentiality on our part, nor will we be liable for the use or disclosure of any Submissions. Without limitation of the foregoing, you grant FemFit Body Lab and its successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, display and sublicense any Submissions (in whole or in part and with or without the use of your name in conjunction therewith) anywhere in the world. You also grant to FemFit Body Lab and its successors and assigns the right to incorporate Submissions into other works in any form, medium or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, “Rights”) that may exist in such Submissions. You also warrant to FemFit Body Lab that any third party holder of any Rights has validly and irrevocably granted to you the right to grant the rights and licenses set forth above. You further acknowledge that FemFit Body Lab and its successors and assigns will be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise.
AVAILABILITY. Information that FemFit Body Lab publishes on the Website may contain references or cross-references to Classes, products, programs or services of FemFit Body Lab, its partners, subsidiaries or affiliates that are not necessarily announced or available in your area. Such references do not mean that FemFit Body Lab, or any of its partners, subsidiaries or affiliates, will announce any of those products, programs or services in your area at any time in the future. You should contact FemFit Body Lab for information regarding the products, programs and services that may be available to you, if any.
COPYRIGHT COMPLAINTS.FemFit Body Lab owns, protects and enforces copyright and other rights in its own intellectual property, and respects the intellectual property rights of others. Materials may be made available on the Website by third parties not within the control of FemFit Body Lab. It is our policy not to permit materials known by us to be infringing to remain on the Website. Please notify us promptly if you believe that any materials on the Website infringe on the intellectual property rights of anyone else. Once we receive proper notice of claimed infringement under the Digital Millennium Copyright Act (the “DMCA”), FemFit Body Lab will respond promptly to remove the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue. Notice of alleged infringement must be sent by certified mail and marked “Copyright Infringement” to PROnatal Fitness
TERMINATION OF SERVICE
We may terminate your account or right to access secured portions of the Website at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Website, to FemFit Body Lab, to its partners, to the business of the Website’s internet service provider, or to other information providers. We also reserve the right to cancel your membership should you violate any provision of these Terms, or any other posted policy on the Website. If your membership is terminated due to a violation of these Terms, FemFit Body Lab will not reimburse you for the remainder of your payment for the final paid month of your membership, nor will reimbursements be made for membership cancellations prior to your monthly renewal date.
GOVERNING LAW. These Terms will be governed by the laws of the State of New York, without giving effect to any principles of conflicts of laws. By using or accessing the Website, you agree that any action at law or in equity arising out of or relating to your use of the Website or these Terms will be filed only in the state or federal courts in the State of New York, New York County, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
LOCAL LAWS.FemFit Body Lab makes no representation that content or materials on the Website are appropriate or available for use in jurisdictions outside the United States. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Website from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. FemFit Body Lab is not responsible for any violation of law. You may not use or export the Content or materials on the Website in violation of U.S. export laws and regulations. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).
CUSTOMER COMMENTS. By submitting comments, information or feedback to us through email and/or the Website, you agree that the information submitted will be subject to FemFit Body Lab Privacy Policy
Information Collected
FemFit Body Lab may collect three types of information when you visit or use the Website: contact information; usage information; and credit card information.
1) Contact Information
In order to participate in certain features, services and/or programs of the Website, we may require that you provide us with certain specific information, such as your name, mailing address, telephone number, email address, and/or other information specific to you. The foregoing use includes creating User Accounts (as defined in the Terms and Conditions) for use in connection with the Website. You can choose whether or not to provide us with this information, but if you choose not to provide any required information, your experience on the Website may be diminished and some features may not be available or may not work as intended.
2) Usage Information
FemFit Body Lab may obtain non-individualized, generic information about you when you visit the Website. This may include your IP address, Unique Device Identifier, browser type and language, arrival time and referring website. The IP address reveals nothing personal about the user other than the IP address from which the user has accessed the Website. We may use this information to examine our traffic in the aggregate, but do not collect and evaluate this information for individuals.
FemFit Body Lab may use “cookies” to keep track of your visit and use of the Website. A cookie is a small piece of data that your browser stores on your computer’s hard drive and uses to collect information, such as identifying those areas of the Website that you have visited in the past in order to enhance your next visit to the Website. If you would prefer not to receive cookies, you can alter your browser’s configuration to refuse cookies.
The Website may also contain electronic images known as Web Beacons (sometimes referred to as “clear gifs”). Web Beacons collect only limited information that includes a cookie number, time and date of a page view, and a description of the page on which the Web Beacon resides. We may also carry Web Beacons placed by third party advertisers. These Web Beacons do not carry any personally identifiable information and are only used to track usage of the Website and activities associated with the Website.
3) Credit Card Information
The online store at the Website is designed to protect the privacy of your credit card information, name, address, email and any other information you provide us. FemFit Body Lab is committed to data security with respect to information collected on the Website. We offer the industry standard security measures available by utilizing a Secure Socket Layer (“SSL”) connection. All credit card information that you provide in connection with making a purchase through the Website is transmitted using 128-bit encryption technology and processed by a trusted third party merchant processor. If at any time you would like to make a purchase, but do not want to provide your credit card information online, you may contact us at (347) 592-5235. It is our practice to contact customers if a problem should arise with your purchase or if we need to send you a normal business communication regarding your purchase.
Purpose and Use of Information Collected
We use information supplied by you to provide products and services to you. We also may receive information about you in connection with a request from you and/or providing support to you.
We may now or in the future collect names and/or email addresses for the purpose of maintaining a mailing list regarding our products and other products in which we believe you would have an interest. FemFit Body Lab does not use your email address or other personally identifiable information collected through the Website for commercial or marketing purposes without your consent or except as part of a program or feature for which you will have the ability to opt-in or opt-out. Non-identifiable information about you may be used for the purpose of improving the features and functionality of the Website.
17. When Information Is Disclosed By FemFit Body Lab
We use reasonable precautions to keep the information that is disclosed to us secure. We may provide personally identifiable information and non-personally-identifiable information to our subsidiaries, affiliated companies, or other businesses or persons for the purposes of processing such information on our behalf and promoting the goods and services of our trusted business partners. We require that these parties agree to process and use such information in compliance with our Privacy Policy or in a similar, industry-standard manner, and we use reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures. The use of your information by one of our trusted business partners may be subject to that party’s own Privacy Policy.
In addition to the other times or occasions on which we might disclose information about users of the Website, we might also disclose information when required by law or in the good-faith belief that such disclosure is necessary to: (1) comply with a legal process and applicable laws; (2) enforce this Privacy Policy; (3) respond to claims that any materials, documents, images, graphics, logos, designs, audio, video and any other information provided from or on the Website violates the rights of third parties; or (4) protect the rights, property or personal safety of FemFit Body Lab its users or the public.
We may share non-personally identifiable information (such as anonymous user usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with third parties to demonstrate the usage patterns for PROnatal Fitness’s advertisements, content, functionality promotions and/or services on the Website.
We also reserve the right to disclose personally identifiable information and/or non-personally-identifiable information in connection with the enforcement of our Terms and Conditions, take precautions against liability, to investigate and defend against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Website, and to protect the rights, property, or personal safety of FemFit Body Lab, our users or others. We reserve the right to transfer your personally identifiable information, as well as any other information, in connection with the sale or other disposition of all or part of the FemFit Body Lab business and/or assets. We also cannot make any representations regarding the use or transfer of your personally identifiable information or other information that we may have in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment for the benefit of creditors. Furthermore, we cannot and will not be responsible for any breach of security by any third parties or for any actions of any third parties (including other users of the Website) that receive any of the information that is disclosed to us. The Website also links to a wide variety of other websites and the Website may contain advertisements of third parties. We are not and cannot be responsible for the privacy policies of those websites of third parties or how they treat information about their users.
18. Information From Children
The Website is not intended or designed to attract children under the age of thirteen (13). We do not collect personally identifiable data from any person that we know to be under the age of thirteen (13). You affirm that you are either more than eighteen (18) years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Privacy Policy, and to abide by and comply with this Privacy Policy. In any case, you affirm that you are over the age of thirteen (13), as THE WEBSITE IS NOT INTENDED FOR CHILDREN UNDER THIRTEEN (13) THAT ARE UNACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN.
Parents should be aware that this Policy will govern our use of personal data, but also that information that is voluntarily given by children – or others – in email exchanges, bulletin boards or the like may be used by other parties to generate unsolicited communications. FemFit Body Lab encourages all parents to instruct their children in the safe and responsible use of their personal data while using the Internet.
20. Privacy Outside the Website
The Website may contain various links to other websites, including links to various third party service providers. FemFit Body Lab is not and cannot be responsible for the privacy practices or the content of any of those other websites. We do not share any of the personal information that you provide to us with any of the websites to which the Website links, although we may share aggregate, non-personally identifiable data with those other websites. Please check with those websites in order to determine their privacy policies and your rights under them.
Information Security
We make every effort to ensure that information collected through the Website is not lost, misused, or altered inappropriately by administering security measures. However, all information transferred over the Internet can potentially be accessed by unauthorized parties; therefore, FemFit Body Lab cannot guarantee the security of your data transmitted to the Website.
Choices With Your Personal Information
Whether you submit personally identifiable information to FemFit Body Lab is entirely up to you. You may decide not to submit personally identifiable information through the Website, in which case FemFit Body Lab may not be able to provide certain services to you.
You may opt out of any disclosure or use of your personally identifiable information for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you subsequently gave authorization by following the instructions at the end of this Policy, or by following the procedures set forth in an electronic communication from us, if applicable. There are some uses from which you cannot opt-out, such as our use of information about you in connection with providing support that you request for the Website.
Your Consent To This Privacy Policy
By using the Website, you consent to the collection and use of information by us as specified above or as we otherwise see fit unless you inform us otherwise by means of the procedure identified below. If we decide to change this Policy, we will make an effort to post those changes on this web page so that you will always be able to understand what information we collect, how we use that information and under what circumstances we may disclose that information to others. Your use of the Website following your acceptance of any amendment of this Privacy Policy will signify your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the future. We may use comments, ideas, information or feedback that you may submit in any manner that we may choose without notice or compensation to you.
If you have additional questions or comments of any kind, or if you see anything on the Website that you think is inappropriate, please let us know by email.
Informed Consent & FemFit Body Lab Policy Agreement
I certify that I am a competent adult of at least 18 years of age or that if I am a minor under the age of 18, I understand that the consent of my parent/legal guardian having legal custody will also be required before my participation in an exercise class. This Informed Consent is freely and voluntarily executed and shall be binding upon my spouse, relatives, legal representatives, heirs, administrators, successors and assignees.
I certify that I am in adequate health to participate in any activities at FemFit Body Lab. I understand that should this information change, it is my sole responsibility to notify the instructors at FemFit Body Lab and hereby agree to do so in a timely manner.
I agree that I am bound by the FemFit Body Lab Policies and all signs and other rules posted or distributed in any class shall be considered part of this Agreement. Policies may be revised, supplemented, or amended at the sole discretion of FemFit Body Lab, as deemed necessary for the proper management of the company. FemFit Body Lab reserves the absolute right to change the Policies.
RELEASE AND INDEMNITY AGREEMENT
THIS RELEASE AND INDEMNITY AGREEMENT (“Release”) is made by the undersigned adult (the “Participant”), to release and indemnify FemFit Body Lab as set forth below. The term “FemFit Body Lab” means FemFit Body Lab LLC., a New York limited liability corporation, and all of its subsidiaries, including but not limited to FemFit Body Lab LLC., a New York limited liability corporation, the successors, assignees, employees, officers, directors, agents, contractors and shareholders of FemFit Body Lab LLC and its subsidiaries, and all persons, corporations, partnerships and other entities with which FemFit Body Lab LLC and its subsidiaries are or may in the future become affiliated (collectively, “FemFit Body Lab”)
Participant, on Participant’s own behalf and on behalf of the other members of the Participant’s family, including Participant’s spouse, parents, children, heirs, and assigns (singularly and collectively referred to as “Participant”) hereby grants to FemFit Body Lab this full release and indemnification as consideration in exchange for FemFit Body Lab permitting Participant to participate in FemFit Body Lab’s exercise sessions.
Participant is entering into this Release after having viewed or having had the opportunity to view the site of FemFit Body Lab exercise sessions ; having reviewed the instructor’s qualifications; having had the scope of FemFit Body Lab exercise sessions and their associated risks explained; and having had an opportunity to ask questions regarding the sessions and risks associated with FemFit Body Lab exercise sessions.
Participant is voluntarily participating in FemFit Body Lab exercise sessions with full knowledge, understanding and appreciation of the risks inherent in any physical exercise and expressly assumes all risks of injury and even death which could occur by reason of Participant’s participation.
Participant hereby releases, waives, discharges and covenants not to sue FemFit Body Lab from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or relating to any loss, expense, damages or injury, including death, that may be sustained by Participant, or to any property belonging to Participant, whether caused by the negligence of ,FemFit Body Lab or otherwise as a result of participating inFemFit Body Lab exercise classes.
Participant hereby assumes full responsibility for any and all risks of bodily injury, property damage or death to Participant due to the ordinary negligence or gross negligence of FemFit Body Lab and the ordinary negligence, gross negligence, or willful misconduct of any third party including others participating in FemFit Body Lab exercise sessions.
Participant agrees to indemnify, defend, and hold harmless FemFit Body Lab , at Participant’s sole cost from any and all claims arising out of Participant’s participation in FemFit Body Lab exercise sessions.
All personal property brought to FemFit Body Lab exercise sessions is brought at the sole risk of the Participant as to its theft, damage, or loss.
Participant expressly agrees that the terms of release and the indemnity contained herein are intended to be as broad and inclusive as is permitted by the laws of New York. Any provision of this Release found to be invalid by the courts having jurisdiction shall be invalid only with respect to such provision or portion and all other provisions shall remain in full force and effect.
This Agreement supersedes all prior discussions and agreements with respect to FemFit Body Lab exercise sessions and shall be interpreted according to the laws of the State of New York without regard to choice of law provisions. By my signature below, I acknowledge that I have read and fully understand and accept the terms of this Release and represent and agree that my signature is freely and knowingly given.
BY ELECTRONICALLY SELECTING “ACCEPT” THE PARTICIPANT HAS READ AND VOLUNTARILY ACCEPTED THIS RELEASE AND INDEMNITY AGREEMENT.
Cancellation Policy:
All exercise sessions require an appointment.Any participant that has made an appointment for a session may cancel or change the time of the session provided that a minimum of 24-hours’ notice is given. You can make these changes by contacting your trainer directly. Participants will be charged for the full cost of the session on any late cancellations or no-show appointments.
Purchase Policy:
Payment for sessions is required to be made by the participant on or before the date of the session. If a member has no session inventory, charges for late cancellations or no show appointments for sessions will be charged to the participant’s credit card on file. In addition, charges for sessions which are used by a member but not otherwise paid for will be charged to the participant’s credit card on the day the session is used.
Refund Policy:
All purchases are non-refundable and cannot be shared among clients. Packages are not auto-renewed each month.
Expiration Dates: All sales are final. Session expire six months from the date of purchase.
Terms & Conditions:
TERMS AND CONDITIONS
The following Terms and Conditions (the “Terms”) are applicable to any website and/or good or service offered by FemFit Body Lab and its current and future affiliates, subsidiaries, successors, assigns, employees, officers, directors, agents, contractors and shareholders, including but not limited to,FemFit Body Lab LLC, including, but not limited to, the FemFit Body Lab website located at www.femfitbodylab.com, and any mobile application or other online communication, feature, service and/or program offered by FemFit Body Lab and/or a customer or user of FemFit Body Lab website and/or services (collectively, the “Website”). These Terms should be read carefully by you before proceeding.
By accessing or using the Website and/or participating in any of the FemFit Body Lab exercise sessions, you agree to the following Terms and acknowledge that you have read and fully understand and accept these Terms and represent and agree that your consent is freely and knowingly given. YOU HAVE READ AND VOLUNTARILY CONSENT TO THESE TERMS, INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMERS, MEDICAL INFORMATION, INDEMNIFICATION, RELEASES AND LIMITATION OF LIABILITY CONTAINED IN SECTION 4 HEREIN. If you do not agree to any portion of these Terms, you should not access or otherwise use the Website or attend or participate in any Class.
1. CONVENIENCE AND INFORMATION ONLY. The Website is provided to you as a convenience and for your information only. By merely providing access to the Website, FemFit Body Lab does not warrant or represent that: (a) any materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on the Website (collectively, the “Content”) is accurate or complete; (b) the Content is up-to-date or current; (c) FemFit Body Lab has any obligation to update any Content; (d) the Content is free from technical inaccuracies or programming or typographical errors; (e) the Content is free from changes caused by a third party; (f) your access to the Website will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through the Website is accurate or complete.
2. SITE USE AND CONTENT. You may view, copy or print pages from the Website solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Website without the express, prior, written consent ofFemFit Body Lab. At any time, we may, without further notice, make changes to the Website and/or to the services described in these Terms. We will make an effort to update this web page with any changes to the services described in these Terms.
3. USER ACCOUNT, PASSWORD AND SECURITY.
(a) USER ACCOUNT. For certain types of features available through the Website, we require the use of encryption technologies provided for your protection and/or your use of a UserID and password after setting up a User Account. We use reasonable precautions to protect the privacy of your UserID, password and User Account information, and all credit card information is collected and transmitted by utilizing a Secure Socket Layer (“SSL”) connection. Accordingly, your credit card information is encrypted using an SSL connection is not expected to be read in an intelligible form as it travels to the Website. You, however, are ultimately responsible for protecting your UserID, password and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You agree to (i) immediately notify FemFit Body Lab of any unauthorized use of your UserID, password or User Account, or any other breach of security, and (ii) ensure that you exit from your User Account at the end of each session. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error.
(b) ACCURATE INFORMATION. In creating and using your User Account on the Website, you agree to: (i) provide true, accurate, current and complete information about yourself on any registration form required on the Website (such information being the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if FemFit Body Lab has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, then we have the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.
(c) NON-TRANSFERABILITY OF USER ACCOUNT. User Accounts and UserIDs are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Website with his or her UserID and password.
4. CLASSES: DISCLAIMERS; MEDICAL INFORMATION, INDEMNIFICATION AND RELEASES; PERSONAL PROPERTY; LIMITATION OF LIABILITY.
(a) NO WARRANTIES. YOU EXPRESSLY AGREE THAT THE CLASSES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE CLASSES ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED. PRONATAL FITNESS DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO PARTICIPATE IN CLASSES AT TIMES OR LOCATIONS OF YOUR CHOOSING. THE ENTIRE LIABILITY OF PRONATAL FITNESS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE CLASSES WILL BE THE REFUND OF THE PURCHASE PRICE FOR ANY CLASSES FOUND TO BE INADEQUATE.
(b) MEDICAL INFORMATION, INDEMNIFICATION AND RELEASES.
(i) You must be at least 18 years old to use this Website and/or participate in any Exercise Session (Classes). The Classes, and the fitness, health and nutritional information found on and through this Website, are for educational purposes only. Any physical exercise, including, but not limited to, cardiovascular exercises, dance, running, stretching, walking and weightlifting, all with or without the use of equipment, poses the risk of injury or mental or physical exhaustion. We strongly recommend that you consult your physician before participating in the Classes, or before beginning any new exercise, fitness or nutritional program, regimen or routine, or using any of the exercise equipment featured on this Website or in the Classes.
(ii) We are not a medical organization and our instructors or staff cannot give you medical advice. All encouragement, instruction or suggestion regarding the exercise methods and routines featured on this Website and/or in the Classes are purely optional, and are solely carried out based on your decision to carry them out. Your use of any information provided on the Website or in the Classes is solely at your own risk, and you take all responsibility for determining your mental and physical capacity and limits when participating in physical exercise. You understand that, from time to time instructors may suggest physical adjustments, movements or modifications or the use of equipment, and it is your sole responsibility to determine if any such suggested adjustment, movement or modification or equipment is appropriate for your level of ability and physical and mental condition.
(iii) By visiting the Website with the intent of using the information contained therein and/or participating in the Classes, you affirm that either (A) all of the following statements are true: (1) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (2) you have never felt pain in your chest when engaged in physical activity; (3) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (4) you have never lost your balance because of dizziness and you have never lost consciousness; (5) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (6) your physician is not currently prescribing drugs (for example, water pills) for your blood pressure or heart condition; (7) you do not have a history of high blood pressure, nor does your family have a history of high blood pressure or heart problems; and (8) you do not know of any other reason you should not exercise; or (B) your physician has approved of your use of the information contained on this Website and/or participation in the Classes.
(iv) If you are pregnant, all of the Content on the Website is for information purposes only and is not intended to offer medical advice, or replace the recommendations of your doctor, midwife, or physical therapist. We strongly recommend that you consult your doctor before beginning any exercise program.
(v) BY VISITING THE WEBSITE AND/OR PARTICIPATING IN THE CLASSES, YOU, ON YOUR OWN BEHALF AND ON BEHALF OF THE OTHER MEMBERS OF THE YOUR FAMILY, INCLUDING YOUR SPOUSE, PARENTS, CHILDREN, HEIRS, AND ASSIGNS HEREBY GRANT TO PRONATAL FITNESS THIS FULL RELEASE AND INDEMNIFICATION AS CONSIDERATION IN EXCHANGE FOR PRONATAL FITNESS PERMITTING YOU TO PARTICIPATE IN PRONATAL FITNESS’S EXERCISE CLASSES. YOU ARE ENTERING INTO THIS RELEASE AFTER HAVING VIEWED OR HAVING HAD THE OPPORTUNITY TO VIEW THE SITE OF THE CLASSES; HAVING REVIEWED THE INSTRUCTOR’S QUALIFICATIONS; HAVING HAD THE SCOPE OF CLASSES AND THEIR ASSOCIATED RISKS EXPLAINED; AND HAVING HAD AN OPPORTUNITY TO ASK QUESTIONS REGARDING THE CLASSES AND RISKS ASSOCIATED WITH CLASSES. YOU ARE VOLUNTARILY PARTICIPATING IN CLASSES WITH FULL KNOWLEDGE, UNDERSTANDING AND APPRECIATION OF THE RISKS INHERENT IN ANY PHYSICAL EXERCISE AND EXPRESSLY ASSUMES ALL RISKS OF INJURY AND EVEN DEATH THAT COULD OCCUR BY REASON OF YOUR PARTICIPATION. YOU HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE PRONATAL FITNESS FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS AND CAUSES OF ACTION WHATSOEVER ARISING OUT OF OR RELATING TO ANY LOSS, EXPENSE, DAMAGES OR INJURY, INCLUDING DEATH, THAT MAY BE SUSTAINED BY YOU, OR TO ANY PROPERTY BELONGING TO YOU, WHETHER CAUSED BY THE NEGLIGENCE OF PRONATAL FITNESS, OR OTHERWISE AS A RESULT OF PARTICIPATING IN THE CLASSES. YOU HEREBY ASSUME FULL RESPONSIBILITY FOR ANY AND ALL RISKS OF BODILY INJURY, PROPERTY DAMAGE OR DEATH TO YOU DUE TO THE ORDINARY NEGLIGENCE OR GROSS NEGLIGENCE OF PRONATAL FITNESS AND ITS AGENTS AND THE ORDINARY NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT OF ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, OTHERS PARTICIPATING IN THE CLASSES. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD PRONATAL FITNESS AND ITS AGENTS HARMLESS AT YOUR SOLE COST FROM ANY AND ALL CLAIMS ARISING OUT OF YOUR PARTICIPATION IN THE CLASSES. YOU EXPRESSLY AGREE THAT THE TERMS OF RELEASE AND THE INDEMNITY CONTAINED HEREIN ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAWS OF THE STATE OF NEW YORK. ANY PROVISION OF THIS RELEASE FOUND TO BE INVALID BY THE COURTS HAVING JURISDICTION SHALL BE INVALID ONLY WITH RESPECT TO SUCH PROVISION OR PORTION AND ALL OTHER PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT. THESE TERMS SUPERSEDE ALL PRIOR DISCUSSIONS AND AGREEMENTS WITH RESPECT TO FemFit Body Lab CLASSES AND SHALL BE INTERPRETED ACCORDING TO THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO CHOICE OF LAW PROVISIONS.
(c) PERSONAL PROPERTY. Any personal property brought to Classes is brought at your sole risk as to its theft, damage, or loss. You agree that FemFit Body Lab s in no way responsible for the safekeeping of your personal belongings while you attend Classes or are otherwise at a FemFit Body Lab class location.
(d) LIMITATION OF LIABILITY. IN NO EVENT WILL FemFit Body Lab BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR PARTICIPATION IN CLASSES, USE OF THE WEBSITE AND/OR USE OR RECEIPT ANY PRODUCTS OR SERVICES PROVIDED BY US. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE LIABILITY OF PRONATAL FITNESS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
WEBSITE: DISCLAIMERS; INDEMNIFICATION.
(a) NO WARRANTIES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEBSITE ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEB PAGES ON THE WEBSITE, OR THE SERVERS USED IN CONNECTION WITH THE WEBSITE, ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. FemFit Body Lab DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT FemFit Body Lab WILL HAVE ADEQUATE CAPACITY FOR THE WEBSITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. THE ENTIRE LIABILITY OF FemFit Body Lab AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICE OR PRODUCT PROVIDED ON OR THROUGH THE WEBSITE WILL BE THE REFUND OF THE PURCHASE PRICE FOR ANY PRODUCTS OR SERVICES FOUND TO BE INADEQUATE.
(b) WEBSITE INDEMNIFICATION. You agree to defend, indemnify and hold harmless FemFit Body Lab and its directors, officers, employees and agents from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by FemFit Body Lab, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; and/or (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties.
PRIVACY. Personal data that you provide regarding yourself will be handled in accordance with FemFit Body Lab Privacy Policy.
THIRD PARTY CONTENT.
(a) FemFit Body Lab may provide hyperlinks to other websites maintained by third parties, or PROnatal Fitness may provide third party content on the Website by framing or other methods. THE LINKS TO THIRD PARTY WEBSITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEBSITE IS NOT UNDER FemFit Body Lab CONTROL AND FemFit Body LabIS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEBSITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED TO THE WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
(b) If a third party links to the Website, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with FemFit Body Lab. In most cases,FemFit Body Labis not even aware that a third party has linked to the Website. A third party website that links to the Website: (i) may link to, but not replicate,FemFit Body Lab Content; (ii) may not create a browser, border environment or frame FemFit Body Lab Content; (iii) may not imply that FemFit Body Lab is endorsing it or its products or services; (iv) may not misrepresent its relationship with FemFit Body Lab; (v) may not present false or misleading information aboutFemFit Body Lab products or services; (vi) should not include content that could be construed as distasteful, offensive or controversial; (vii) should contain only Content that is appropriate for all age groups; and (viii) should not knowingly collect information from children without first complying with all applicable laws, rules and regulations.
COPYRIGHT AND TRADEMARKS. The trademarks, service marks and logos used and displayed on the Website are FemFit Body Lab or its subsidiaries’ or affiliates’, registered and unregistered trademarks.FemFit Body Lab is the copyright owner or authorized licensee of all text and all graphics contained on the Website. All trademarks and service marks of FemFit Body Lab, or its subsidiaries or affiliates, that may be referred to on the Website are the property of FemFit Body Lab, or one of its subsidiaries or affiliates. Other parties’ trademarks and service marks that may be referred to on the Website are the property of their respective owners. Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of FemFit Body Lab, or its subsidiaries’ or affiliates’, trademarks, service marks or copyrights without PROnatal Fitness’s prior written permission. FemFit Body Lab aggressively enforces its intellectual property rights. Neither the name of FemFit Body Lab, its subsidiaries or affiliates, nor any of FemFit Body Lab other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Website or otherwise, withoutFemFit Body Lab prior written permission, except that a third party website that desires to link to the Website and that complies with the requirements of Paragraph 7(b) above may use the names “FemFit Body Lab in or as part of that link.
SUBMISSIONS. If you send, transmit, post, email or otherwise convey to FemFit Body Lab whether at our request or not, any non-personally identifiable information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles, stories about yourself, or other materials of any kind whatsoever, including, but not limited to, postings in chat rooms or on bulletin boards (collectively, the “Submissions”), subject to FemFit Body Lab Privacy Policy, none of the Submissions will be subject to any obligation of confidentiality on our part, nor will we be liable for the use or disclosure of any Submissions. Without limitation of the foregoing, you grant FemFit Body Lab and its successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, display and sublicense any Submissions (in whole or in part and with or without the use of your name in conjunction therewith) anywhere in the world. You also grant to FemFit Body Lab and its successors and assigns the right to incorporate Submissions into other works in any form, medium or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, “Rights”) that may exist in such Submissions. You also warrant to FemFit Body Lab that any third party holder of any Rights has validly and irrevocably granted to you the right to grant the rights and licenses set forth above. You further acknowledge that FemFit Body Lab and its successors and assigns will be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise.
AVAILABILITY. Information that FemFit Body Lab publishes on the Website may contain references or cross-references to Classes, products, programs or services of FemFit Body Lab, its partners, subsidiaries or affiliates that are not necessarily announced or available in your area. Such references do not mean that FemFit Body Lab, or any of its partners, subsidiaries or affiliates, will announce any of those products, programs or services in your area at any time in the future. You should contact FemFit Body Lab for information regarding the products, programs and services that may be available to you, if any.
COPYRIGHT COMPLAINTS.FemFit Body Lab owns, protects and enforces copyright and other rights in its own intellectual property, and respects the intellectual property rights of others. Materials may be made available on the Website by third parties not within the control of FemFit Body Lab. It is our policy not to permit materials known by us to be infringing to remain on the Website. Please notify us promptly if you believe that any materials on the Website infringe on the intellectual property rights of anyone else. Once we receive proper notice of claimed infringement under the Digital Millennium Copyright Act (the “DMCA”), FemFit Body Lab will respond promptly to remove the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue. Notice of alleged infringement must be sent by certified mail and marked “Copyright Infringement” to PROnatal Fitness
TERMINATION OF SERVICE
We may terminate your account or right to access secured portions of the Website at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Website, to FemFit Body Lab, to its partners, to the business of the Website’s internet service provider, or to other information providers. We also reserve the right to cancel your membership should you violate any provision of these Terms, or any other posted policy on the Website. If your membership is terminated due to a violation of these Terms, FemFit Body Lab will not reimburse you for the remainder of your payment for the final paid month of your membership, nor will reimbursements be made for membership cancellations prior to your monthly renewal date.
GOVERNING LAW. These Terms will be governed by the laws of the State of New York, without giving effect to any principles of conflicts of laws. By using or accessing the Website, you agree that any action at law or in equity arising out of or relating to your use of the Website or these Terms will be filed only in the state or federal courts in the State of New York, New York County, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
LOCAL LAWS.FemFit Body Lab makes no representation that content or materials on the Website are appropriate or available for use in jurisdictions outside the United States. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Website from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. FemFit Body Lab is not responsible for any violation of law. You may not use or export the Content or materials on the Website in violation of U.S. export laws and regulations. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).
CUSTOMER COMMENTS. By submitting comments, information or feedback to us through email and/or the Website, you agree that the information submitted will be subject to FemFit Body Lab Privacy Policy
Information Collected
FemFit Body Lab may collect three types of information when you visit or use the Website: contact information; usage information; and credit card information.
1) Contact Information
In order to participate in certain features, services and/or programs of the Website, we may require that you provide us with certain specific information, such as your name, mailing address, telephone number, email address, and/or other information specific to you. The foregoing use includes creating User Accounts (as defined in the Terms and Conditions) for use in connection with the Website. You can choose whether or not to provide us with this information, but if you choose not to provide any required information, your experience on the Website may be diminished and some features may not be available or may not work as intended.
2) Usage Information
FemFit Body Lab may obtain non-individualized, generic information about you when you visit the Website. This may include your IP address, Unique Device Identifier, browser type and language, arrival time and referring website. The IP address reveals nothing personal about the user other than the IP address from which the user has accessed the Website. We may use this information to examine our traffic in the aggregate, but do not collect and evaluate this information for individuals.
FemFit Body Lab may use “cookies” to keep track of your visit and use of the Website. A cookie is a small piece of data that your browser stores on your computer’s hard drive and uses to collect information, such as identifying those areas of the Website that you have visited in the past in order to enhance your next visit to the Website. If you would prefer not to receive cookies, you can alter your browser’s configuration to refuse cookies.
The Website may also contain electronic images known as Web Beacons (sometimes referred to as “clear gifs”). Web Beacons collect only limited information that includes a cookie number, time and date of a page view, and a description of the page on which the Web Beacon resides. We may also carry Web Beacons placed by third party advertisers. These Web Beacons do not carry any personally identifiable information and are only used to track usage of the Website and activities associated with the Website.
3) Credit Card Information
The online store at the Website is designed to protect the privacy of your credit card information, name, address, email and any other information you provide us. FemFit Body Lab is committed to data security with respect to information collected on the Website. We offer the industry standard security measures available by utilizing a Secure Socket Layer (“SSL”) connection. All credit card information that you provide in connection with making a purchase through the Website is transmitted using 128-bit encryption technology and processed by a trusted third party merchant processor. If at any time you would like to make a purchase, but do not want to provide your credit card information online, you may contact us at (347) 592-5235. It is our practice to contact customers if a problem should arise with your purchase or if we need to send you a normal business communication regarding your purchase.
Purpose and Use of Information Collected
We use information supplied by you to provide products and services to you. We also may receive information about you in connection with a request from you and/or providing support to you.
We may now or in the future collect names and/or email addresses for the purpose of maintaining a mailing list regarding our products and other products in which we believe you would have an interest. FemFit Body Lab does not use your email address or other personally identifiable information collected through the Website for commercial or marketing purposes without your consent or except as part of a program or feature for which you will have the ability to opt-in or opt-out. Non-identifiable information about you may be used for the purpose of improving the features and functionality of the Website.
17. When Information Is Disclosed By FemFit Body Lab
We use reasonable precautions to keep the information that is disclosed to us secure. We may provide personally identifiable information and non-personally-identifiable information to our subsidiaries, affiliated companies, or other businesses or persons for the purposes of processing such information on our behalf and promoting the goods and services of our trusted business partners. We require that these parties agree to process and use such information in compliance with our Privacy Policy or in a similar, industry-standard manner, and we use reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures. The use of your information by one of our trusted business partners may be subject to that party’s own Privacy Policy.
In addition to the other times or occasions on which we might disclose information about users of the Website, we might also disclose information when required by law or in the good-faith belief that such disclosure is necessary to: (1) comply with a legal process and applicable laws; (2) enforce this Privacy Policy; (3) respond to claims that any materials, documents, images, graphics, logos, designs, audio, video and any other information provided from or on the Website violates the rights of third parties; or (4) protect the rights, property or personal safety of FemFit Body Lab its users or the public.
We may share non-personally identifiable information (such as anonymous user usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with third parties to demonstrate the usage patterns for PROnatal Fitness’s advertisements, content, functionality promotions and/or services on the Website.
We also reserve the right to disclose personally identifiable information and/or non-personally-identifiable information in connection with the enforcement of our Terms and Conditions, take precautions against liability, to investigate and defend against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Website, and to protect the rights, property, or personal safety of FemFit Body Lab, our users or others. We reserve the right to transfer your personally identifiable information, as well as any other information, in connection with the sale or other disposition of all or part of the FemFit Body Lab business and/or assets. We also cannot make any representations regarding the use or transfer of your personally identifiable information or other information that we may have in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment for the benefit of creditors. Furthermore, we cannot and will not be responsible for any breach of security by any third parties or for any actions of any third parties (including other users of the Website) that receive any of the information that is disclosed to us. The Website also links to a wide variety of other websites and the Website may contain advertisements of third parties. We are not and cannot be responsible for the privacy policies of those websites of third parties or how they treat information about their users.
18. Information From Children
The Website is not intended or designed to attract children under the age of thirteen (13). We do not collect personally identifiable data from any person that we know to be under the age of thirteen (13). You affirm that you are either more than eighteen (18) years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Privacy Policy, and to abide by and comply with this Privacy Policy. In any case, you affirm that you are over the age of thirteen (13), as THE WEBSITE IS NOT INTENDED FOR CHILDREN UNDER THIRTEEN (13) THAT ARE UNACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN.
Parents should be aware that this Policy will govern our use of personal data, but also that information that is voluntarily given by children – or others – in email exchanges, bulletin boards or the like may be used by other parties to generate unsolicited communications. FemFit Body Lab encourages all parents to instruct their children in the safe and responsible use of their personal data while using the Internet.
20. Privacy Outside the Website
The Website may contain various links to other websites, including links to various third party service providers. FemFit Body Lab is not and cannot be responsible for the privacy practices or the content of any of those other websites. We do not share any of the personal information that you provide to us with any of the websites to which the Website links, although we may share aggregate, non-personally identifiable data with those other websites. Please check with those websites in order to determine their privacy policies and your rights under them.
Information Security
We make every effort to ensure that information collected through the Website is not lost, misused, or altered inappropriately by administering security measures. However, all information transferred over the Internet can potentially be accessed by unauthorized parties; therefore, FemFit Body Lab cannot guarantee the security of your data transmitted to the Website.
Choices With Your Personal Information
Whether you submit personally identifiable information to FemFit Body Lab is entirely up to you. You may decide not to submit personally identifiable information through the Website, in which case FemFit Body Lab may not be able to provide certain services to you.
You may opt out of any disclosure or use of your personally identifiable information for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you subsequently gave authorization by following the instructions at the end of this Policy, or by following the procedures set forth in an electronic communication from us, if applicable. There are some uses from which you cannot opt-out, such as our use of information about you in connection with providing support that you request for the Website.
Your Consent To This Privacy Policy
By using the Website, you consent to the collection and use of information by us as specified above or as we otherwise see fit unless you inform us otherwise by means of the procedure identified below. If we decide to change this Policy, we will make an effort to post those changes on this web page so that you will always be able to understand what information we collect, how we use that information and under what circumstances we may disclose that information to others. Your use of the Website following your acceptance of any amendment of this Privacy Policy will signify your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the future. We may use comments, ideas, information or feedback that you may submit in any manner that we may choose without notice or compensation to you.
If you have additional questions or comments of any kind, or if you see anything on the Website that you think is inappropriate, please let us know by email.
Effective as of: January 27, 2020
Privacy policy
Cancellation Policy:
All exercise sessions require an appointment. Any participant that has made an appointment for a session may cancel or change the time of the session provided that a minimum of 24-hours’ notice is given. You can make these changes by contacting your trainer directly. Participants will be charged for the full cost of the session on any late cancellations or no-show appointments.
Purchase Policy:
Payment for sessions is required to be made by the participant on or before the date of the session. If a member has no session inventory, charges for late cancellations or no show appointments for sessions will be charged to the participant’s credit card on file. In addition, charges for sessions which are used by a member but not otherwise paid for will be charged to the participant’s credit card on the day the session is used.
Refund Policy:
All purchases are non-refundable and cannot be shared among clients. Packages are not auto-renewed each month. Expiration Dates: All sales are final. Session expire six months from the date of purchase.
September 23.2020