top of page

Fitness Shero Terms and Conditions

PLEASE SIGN UP FOR VIRTUAL WORKOUTS AT YOUR OWN RISK. Workouts will be hosted via Zoom every Wednesday starting at 6:00 pm CST and Saturday starting at 8:00 am CST. Your subscription starts with the following workout after payment has been received. You will receive an email confirmation with the link to join the workout at least 24 hours prior to our scheduled class.

FITNESS SHERO VIRTUAL WORKOUTS TERMS OF USE AND WAIVER

These TERMS OF USE AND WAIVER (this “Agreement”) concerns all virtual workouts provided by FITNESS SHERO, including but not limited to, all workouts, fitness routines, training, camps, or any other form of exercise led remotely, by video, group chat, prior recording, or any other electronic means, provided by FITNESS SHERO and hosted on any third party platform such as Facebook or Zoom (“Workouts”). This Agreement is made and entered into by and between you (collectively, “you” or “your”), on the one side, and FITNESS SHERO L.L.C. (“Company”), on the other side. You and Company are sometimes referred to herein each as a “Party” and together as the “Parties.”

 

Please read this Agreement carefully before accessing or using the Workouts because it constitutes a legally binding agreement between you and Company.

When you access the Workouts you are automatically accepting and agreeing to the most-recent version of this Agreement.


Similarly, by visiting, accessing, or using the Workouts you are automatically accepting and agreeing to the most-recent version of this Agreement, and your continuing visit, access, or use of the Workouts reaffirms your acceptance and agreement in each instance.


Furthermore, by visiting, accessing, or using the Workouts you are automatically accepting and agreeing to the Terms of Use and Waiver for FITNESS SHERO.

If you do not accept and agree to this Agreement in its entirety, then you are strictly prohibited from visiting, accessing, and/or using the Workouts.

1. Eligibility. The Workouts are offered only to individuals eighteen (18) years of age or older who are located in the United States of America and who have accepted this Agreement. By visiting, accessing, registering with, or using the Workouts, or by purchasing or using any of the Services (defined below), you represent and warrant to Company that you meet these eligibility requirements. You agree to comply with all applicable laws for visiting, accessing, registering with, and using the Workouts and for purchasing and using the Services, and you may only use them for lawful purposes.

2. Privacy. Company respects your privacy and the use and protection of your personal information. Company’s policies concerning the collection and use of your personal information in connection with the Workouts are set forth in the Privacy Policy which you should carefully review each time you visit, access, or use the Workouts.

3. Services. The Workouts are intended to enable you to continue to partake in the camps and other fitness services offered by Company (collectively, the “Service(s)”). You understand that these services are being offered at no cost to you as a courtesy. Unless otherwise agreed to by you and Company in a separate written agreement, the Workouts, and the Services are made available to you solely for your personal, noncommercial use.

4. Ownership. The Workouts, and all elements and derivatives thereof (including, without limitation, all information, content, source codes, object codes, data, instructions, documentation, and expressions), as well as all copyrights, trademarks, and other intellectual properties of the foregoing, are owned, licensed, or permissibly used by Company. In no event shall you have or retain any rights, titles, or interests in or to the foregoing other than those limited rights expressly granted to you under this Agreement. No rights or permissions granted to you under this Agreement are coupled with an interest. Nothing contained in this Agreement shall be construed as a waiver or limitation of Company’s or its licensors’ respective rights and remedies under applicable law.

5. Payments.

a. Online Payment Processing. You understand and acknowledge that for any Services you register for, schedule, or purchase through the Workouts Company will charge you a fee for the provision of those Services (“Transaction Fee(s)”). The amount of each Transaction Fee will be set by Company in its sole discretion and provided to you prior to the time of your registration, scheduling, or purchase of the particular Service. When you intend to purchase any Services, you must immediately pay the applicable Transaction Fee using the credit card or debit card identified in your User Account; the payment transaction will be facilitated through an online payment processing application that is provided by a third-party vendor(s), and accessible through the Workouts and/or the App; and you will receive a receipt by e-mail or through your User Account.

b. No Relationship. Company’s relationship with its third-party payment processing vendor(s), if any, is merely contractual in nature, as said vendor(s) is nothing more than a third-party vendor to Company and is in no way subject Company’s direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers, contractors, or the like.

 

c. Payment Authorization. If you provide Company with your payment information, then you authorize Company to do the following as Company deems necessary, although Company has no obligation to do so: (a) share your payment information with its third-party payment processing vendor(s); and (b) obtain your updated payment information from your payment issuer, Company’s third-party payment processing vendor(s), and/or applicable third-party providers.

 

d. Payment Obligations. You agree that you are responsible for all amounts that accrue under your account(s) with Company, Company’s third-party payment processing vendor(s), and/or any applicable third-party providers on or through the Workouts. You also agree to be responsible for all payments, fines, penalties, and other liabilities incurred by any such person or entity that arises out of or relates to payments that you authorize or accept on or through the Workouts, including, without limitation, all fees, penalties, taxes, and duties; and to be responsible for all expenses (including costs and reasonable outside attorney fees) and interest incurred by any such person or entity to collect any overdue amounts.

 

e. No Refunds. All sales and payments made regarding the Workouts, and/or the Services, and all payments made on or for the Workouts, are final, irrevocable, and not subject to or eligible for refund or return, unless otherwise expressly stated in this Agreement.

 

f. Limitation of Liability. In no event shall Company or any of Company’s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors, or licensees be held liable to (or be obligated to indemnify) you or any third party for any direct, indirect, punitive, or special damages (including, without limitation, legal costs, attorney fees, lost profits, replacement costs, or repair costs) caused by or arising from or in connection with: (a) your access, inability to access, use, or inability to use the Workouts, or the Services; (b) the unauthorized access to or alteration of your information; (c) any statements, content, or conduct of any third party on, through, or in relation to the Workouts, or the Services or made or provided during the course of the Services; (d) any hacking, denial of service attacks, data security breaches, or other third-party conduct that may lead to a compromise of your personal information or damage to your Device(s), software, operating system(s), file(s), carrier(s), network(s), or User Account; (e) any transmission, download, or infection of any software, system, program, file, process, device, application, or routine (including, without limitation and by way of example only, robots, scrapers, spiders, viruses, spyware, and malware) that may lead to a compromise of your personal information or damage to your Device(s), software, operating system(s), file(s), carrier(s), network(s), or User Account; (f) the fact that you have relied on any information or content found on, through, or in relation to the Workouts, or the Services or made or provided during the course of the Services; or (g) any acts, errors, or omissions of any or all third-party providers, if any. If you are dissatisfied with the Workouts, or the Services, then your sole and exclusive remedy against Company and/or Company’s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors, or licensees is to discontinue your access and use of the Workouts, and the Services.

bottom of page