Last Updated: June 13, 2017
- Eligibility. You must be at least eighteen (18) years of age to register as a member of iHealthFitness® or use the Service. Membership in the Service is restricted to natural persons. Membership in the Service is void where prohibited. By using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
Certain opinions, advice, statements, or other information, including without limitation, food, nutrition and exercise data, may be made available by third parties through or in connection with the iHealthFitness® Services (“Third-Party Content”). This Third-Party Content belongs to the respective authors or providers of the applicable Third-Party Content and these authors and providers are solely responsible for the Third-Party Content they provide in connection with the iHealthFitness® Services. DRHF DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON ANY iHealthFitness® SERVICE; OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY A THIRD-PARTY AS PART OF ANY THIRD-PARTY CONTENT. UNDER NO CIRCUMSTANCES WILL DRHF BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON THIRD-PARTY CONTENT POSTED ON THE iHealthFitness® SERVICES OR TRANSMITTED TO OR BY ANY THIRD-PARTY IN CONNECTION WITH THE iHealthFitness® SERVICES.
- Membership. When you register for an account on ihealth.fit, you become a Member of DRHF. At the time of registration you may choose to become a Member as either a Client
- Client Membership. Members using the Service to receive training, instruction, and guidance provided by DRHF's registered DRHF employee or contracted independent contractors, as described below, are “Clients”. Registering as a Client is free of charge. Once registered, Clients can use the Service to schedule instructional and training events and lessons (each a “Coaching Session”). Clients will be presented with the cost of each Coaching Session prior to the scheduling process. Payments for each Coaching Session will be processed prior to the time of scheduling the Coaching Session or shortly thereafter. Clients may also decide to purchase “Membership Subscriptions“ which entitle them to a pre-determined number of Training Sessions in a given period of time. The terms of these Membership Subscriptions are set forth on the site. Additional terms governing payment are found in Section 6. Once scheduled, your right to cancel a Training Session is governed by Section 8.
- General. DRHF bills you through an online account (your "Billing Account") for use of the Service. You agree to pay DRHF all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize DRHF to charge your chosen payment provider (your "Payment Method"), such as PayPal, for your use of the Service. You agree to make payment using your selected Payment Method. DRHF reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
- Current Information Required. YOU MUST PROMPTLY NOTIFY DRHF IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USERNAME OR PASSWORD.
- Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If DRHF does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand, or DRHF may suspend or terminate your access to the Service.
- Recurring Billing for Clients A Membership Subscription for Clients, as described in Section 6 above, consists of recurring monthly charges as agreed to by you. By entering into this Agreement as a Client, you acknowledge that your Membership Subscription has a recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. DRHF MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST BY DRHF) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE DRHF REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO ACCOUNT SETTINGS.
- Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that DRHF is authorized to charge your Payment Method. DRHF may submit those charges for payment and you will be responsible for such charges. This does not waive DRHF's right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described on the applicable payment screen.
- Refunds. DRHF provides a 7 day, 168 hour, refund for iHealthFitness® Membership Fees. If you terminate your Membership within this time frame a full 100% refund will be credited to your original method of purchase. All refund requests must be sent by certified mail only to DRHF and must include a signature and date from the original purchaser. No other refunds will be provided after this timeframe.
- Free Trials and Other Promotions. Any free trial or other promotion must be used within the specified time of the trial. You must choose to terminate your access to the feature or service before the end of the trial period in order to avoid being charged the applicable fee. If you terminate access prior to the end of the trial period and are inadvertently charged a fee, please contact DRHF to have the charges reversed.
- Pricing. DRHF attempts to make all prices published through the Service accurate. However, prices in the Service are provided by our DRHF employee or contracted independent contractors. In the event that we have provided an inaccurate price or incorrect information due to error either by us or by a DRHF employee or contracted independent contractor, we reserve the right to refuse or cancel purchases made through the system. When a purchase is cancelled due to pricing error, we will provide a refund of the purchase price. Price quotations listed on the Site or elsewhere in the Service are subject to change without notice prior to purchase. Prices listed on the site are per person, unless otherwise noted.
- Cancellation of Coaching Sessions. Clients and DRHF employee or contracted independent contractors may cancel Coaching Sessions between the time the Client schedules a Coaching Session and 24 hours prior to the scheduled commencement of the Coaching Session (the “Cancellation Period”).
- If a Client or DRHF employee or contracted independent contractor cancels a Coaching Session during the Cancellation Period, the Client will receive a full refund for the cost of the Coaching Session, and the DRHF employee or contracted independent contractor will not receive the agreed upon compensation for the Coaching Session.
- If the Client cancels a Coaching Session outside of the Cancellation Period, the Client will not receive a refund. The DRHF employee or contracted independent contractor will receive the agreed upon compensation for the Coaching Session.
- If the DRHF employee or contracted independent contractor cancels a Coaching Session outside of the Cancellation Period, the Client will receive a refund. The DRHF employee or contracted independent contractor will not receive the agreed upon compensation for the Coaching Session.
- Your Interactions with Other Members.
- Interactions with Other Members. You are solely responsible for your interactions with other Members. DRHF makes no representations or warranties as to the conduct of Members and shall not be in any way liable for any conduct of any Member. You agree to take reasonable precautions in all interactions with other Members of the Service, particularly if Clients and DRHF employee or contracted independent contractors decide to meet offline or in person. You should not provide your financial information (for example, your credit card or bank account information) to other Members.
- Release. You hereby release DRHF from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your interaction with other users on the Service.
- Term and Termination. This Agreement will remain in full force and effect while you use the Service and/or are a Member. You may terminate your membership, subject to the terms related to cancellation of membership contained in this Agreement, at any time, for any reason, by emailing us a written notice to firstname.lastname@example.org If you terminate your membership via the ihealth.fit site, to help DRHF analyze and improve the Service, you may be asked to provide a reason for your termination. DRHF may, in its sole discretion and for any or no reason, terminate your membership by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to DRHF. If DRHF terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund. All decisions regarding the termination of accounts shall be made in the sole discretion of DRHF. DRHF is not required to provide you notice prior to terminating your membership. DRHF is not required to disclose, and may be prohibited from disclosing, a reason for the termination of your account.
- Account Security. You are responsible for maintaining the confidentiality of the username and password that you use to register for and use the Service. You agree to (a) immediately notify DRHF of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. DRHF will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
- Content on DRHF.
- Proprietary Rights. DRHF, and its licensors, own and retain all proprietary rights in the Service. The Service contains content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services and other elements of the Service (the “DRHF Materials”) that are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and other relevant intellectual property and proprietary rights, and applicable laws. Except for that information which is in the public domain or for which you have been given express written permission, you may not copy, modify, publish, transmit, distribute, license, perform, display, or sell any DRHF Materials. DRHF Materials do not include User Content (as defined below) or other content submitted by users. DRHF retains all rights not expressly granted in this Agreement. You shall not acquire any right, title or interest to the Service or DRHF Materials, except for the limited rights set forth in this Agreement.
- Reliance on Content. Advice, opinions, statements, offers, or other information or content, including without limitation User Content (as defined below), made available through the Service, but not directly by DRHF, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. DRHF does not: (i) guarantee the accuracy, integrity, quality, legality, safety, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Service. Under no circumstances will DRHF or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Service or transmitted to or by any users or Members.
- Content Posted by You on the Service.
- Accurate Content. You are solely responsible for the User Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members.
- Moderating Content. You understand and agree that DRHF may, but has no obligation to, moderate, review and delete any content, comments, messages, photos or profiles (collectively, "User Content"), in each case in whole or in part, that in the sole judgment of DRHF, violates this Agreement, might be offensive or illegal, or that might violate the rights or safety of Members.
- License to User Content. By posting User Content to any public area of DRHF, you automatically grant, and you represent and warrant that you have the right to grant, to DRHF, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and User Content and to prepare derivative works of, or incorporate into other works, such information and User Content, and to grant and authorize sub-licenses of the foregoing. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. You also hereby grant to each user and Member of the Service a non- exclusive license to access your User Content, in each case as permitted by the functionality of the Service and this Agreement. The above license granted by you shall survive any termination or expiration of this Agreement.
- Representations and Warranties. In connection with the User Content, you affirm, represent, and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to post the User Content to the Service, to authorize DRHF to use the User Content in the manner contemplated by DRHF and this Agreement, and to grant the rights and licenses set forth above, (ii) the public posting and use of your User Content by DRHF and other users and Members will not infringe or violate the rights of any third party or violate any applicable law or regulation.
- Prohibited User Content. The following is a partial list of the kind of User Content that is illegal or prohibited on the Service. DRHF reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes, but is not limited to, User Content that:
- is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
- promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, profane, offensive, sexually oriented, racially offensive, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
- Member Profile. All information you include in your Member profile, including without limitation the information in your Billing Account (as defined above), must be accurate, current and complete. If information provided to DRHF, or another Member, subsequently becomes inaccurate, misleading or false, you will promptly notify DRHF of such change.
- Prohibited Activities. DRHF reserves the right to investigate and terminate your membership if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Service:
- You will not use the Service for any purpose that is unlawful or prohibited by this Agreement.
- You will not impersonate any person or entity.
- You will not "stalk" or otherwise harass any person.
- You will not express or imply that any statements you make are endorsed by DRHF without our specific prior written consent.
- You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
- You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
- You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
- You will not interfere with or disrupt the Service or the site or the servers or networks connected to the Service or the site.
- You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
- You will not "frame" or "mirror" any part of the Service or the Service, without DRHF's prior written authorization. You also shall not use meta tags or code or other devices containing any reference to DRHF or the Service or the site in order to direct any person to any other web site for any purpose.
- You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or any software used on or for the Service or cause others to do so.
- Modifications to Service. DRHF reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that DRHF shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
- Blocking of IP Addresses. In order to protect the integrity of the Service, DRHF reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Service.
- Trademark / Copyright Policy.
- DMCA Notice. It is DRHF's policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. In addition, we will promptly terminate without notice the accounts of those determined by us to be "repeat infringers". If you are a trademark or copyright owner or an agent thereof, and you believe that any content hosted on the Service infringes your trademark or copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing DRHF's Designated Copyright Agent with the following information in writing (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit DRHF to locate the material.
- Information reasonably sufficient to permit DRHF to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Please also note that DRHF may, at our sole discretion, send a copy of such notices to a third-party for publication. For example, your letter (with personal information removed) may be forwarded to Chilling Effects (http://www.chillingeffects.org) for publication.
- Counter Notice. If you elect to send us a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
- Your physical or electronic signature.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which DRHF may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
- Counter Notice. If you elect to send us a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
- Designated Trademark / Copyright Agent. DRHF's Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows:
by email at: email@example.com
For clarity, only DMCA notices should go to the DRHF Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to DRHF customer service through support@DRHF.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
- Repeat Infringer. Please note that DRHF will promptly terminate without notice any user's or Member's access to the Service if that user or Member is determined by DRHF to be a "repeat infringer." A “repeat infringer” is a user or Member who has been notified by DRHF of infringing activity violations more than twice and/or who has had their User Content or any other user- submitted content removed from the Service more than twice. In addition, DRHF accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
- Results Not Guaranteed. DRHF DOES NOT GUARANTEE ANY RESULTS FROM USE OF THE SERVICE. DRHF DOES NOT ENDORSE ANY FITNESS OR NUTRITION PROGRAM OFFERED THROUGH THE SERVICE. ANY STATEMENTS, GUARANTEES, OR OTHER INFORMATION THAT MAY BE PROVIDED TO YOU BY DRHF EMPLOYEE OR CONTRACTED INDEPENDENT CONTRACTORS OR OTHER USERS OF THE SERVICE ARE SOLELY ATTRIBUTABLE TO THE DRHF EMPLOYEE OR CONTRACTED INDEPENDENT CONTRACTOR OR USER. DRHF IS NOT LIABLE FOR ANY STATEMENTS OR GUARANTEES MADE BY DRHF EMPLOYEE OR CONTRACTED INDEPENDENT CONTRACTORS OR OTHER USERS.
- No Warranties; “As Is,” “As Available,” and “With All Faults”. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DRHF, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT. YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT ANY ADVICE THAT MAY BE POSTED ON THE SERVICE IS FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND WILL NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. THE SERVICE, USER CONTENT AND ANY THIRD-PARTY MEDIA, CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
- Operation and Content. DRHF IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON OR IN CONNECTION WITH THE SERVICE, WHETHER CAUSED BY USERS OF THE SERVICE, MEMBERS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICE. DRHF ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER OR MEMBER COMMUNICATIONS. DRHF IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS AND/OR MEMBERS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE SERVICE.
- User and Member Conduct. DRHF IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR MEMBER OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL DRHF OR ANY OF ITS AFFILIATES, ADVERTISERS, PROMOTERS OR DISTRIBUTION PARTNERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE SERVICE, ANY CONTENT POSTED ON THE SERVICE OR TRANSMITTED TO MEMBERS, OR ANY INTERACTIONS BETWEEN USERS OF THE SERVICE, WHETHER ONLINE OR OFFLINE. DRHF IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANY EVENTS OR ACTIONS OCCURING AT VENUES OR ANY INTERACTION BETWEEN A USER OF THE SERVICE AND ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION EMPLOYEES OF A VENUE OR OTHER PATRONS OF A VENUE. DRHF CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE.
- Links and Third Party Services. The Service may provide, or third parties may provide, links or functionality in the Service to other websites or third party resources (“Third Party Services”). Because DRHF has no control over Third Party Services, you acknowledge and agree that DRHF is not responsible for the availability of the Third Party Service, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from the Third Party Services. You further acknowledge and agree that DRHF shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through Third Party Services. ACCESS AND USE OF THIRD PARTY SERVICES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SERVICES OR AVAILABLE THROUGH THIRD PARTY SERVICES, IS SOLELY AT YOUR OWN RISK. When you leave the Service, our terms and policies no longer govern. You should review applicable terms and policies, including the privacy and data gathering practices, of any Third Party Service.
- Release of Liability for Injury or Death; Limitation on Liability; Damages.
- Release of Liability for Injury or Death. YOUR PARTICIPATION IN TRAINING SESSIONS OR OTHER PROGRAMS THROUGH THE DRHF SERVICE IS AT YOUR OWN RISK. Exercise Programs of any Kind represent an Inherent danger to participants. NEITHER DRHF NOR DRHF EMPLOYEE OR CONTRACTED INDEPENDENT CONTRACTORS ARE LIABLE FOR ANY PERSONAL INJURY OR DEATH THAT RESULTS FROM USE OF THE SERVICE INCLUDING PARTICIPATION IN TRAINING SESSIONS. YOU RELEASE DRHF AND DRHF EMPLOYEE OR CONTRACTED INDEPENDENT CONTRACTORS FROM ALL LIABILITY FOR INJURY OR DEATH THAT RESULTS FROM YOUR PARTICIPATION IN A TRAINING SESSION OR USE OF THE DRHF SERVICE. DRHF WILL NOT BE LIABLE TO DRHF EMPLOYEE OR CONTRACTED INDEPENDENT CONTRACTORS FOR ANY INJURY OR DEATH THAT RESULTS FROM DRHF EMPLOYEE OR CONTRACTED INDEPENDENT CONTRACTORS USE OF THE SERVICE AND IF YOU ARE A DRHF EMPLOYEE OR CONTRACTED INDEPENDENT CONTRACTOR, YOU RELEASE DRHF FROM ANY SUCH LIABILITY. Members should consult a physician before beginning use of the service or any exercise program or training session. not all exercise programs OR training sessions are appropriate for all members. PLEASE CHECK ALL EQUIPMENT AND THE AREA IN WHICH YOU ARE USING THE SERVICE FOR ANY DANGEROUS CONDITIONS. IN CASES WHERE APPLICABLE LAW DOES NOT ALLOW THE ABOVE RELEASE OF LIABILITY, DRHF'S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
- Limitation of Liability. Except in jurisdictions where such provisions are restricted, in no event, and under no legal theory, including without limitation negligence, will DRHF or its affiliates, contractors, employees, agents or third party partners or suppliers be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including without limitation lost profits, data or use or cost of cover, even if DRHF has been advised of the possibility of such damages. In cases where applicable law does not allow the above limitation of liability, DRHF's liability will be limited to the extent permitted by law.
- Limitation of Damages. In no event shall DRHF or its affiliates, contractors, employees, agents, or third party partners, licensors or suppliers' total liability to you for any cause whatsoever (whether in contract, tort (including negligence), warranty, or otherwise), and regardless of the form of the action, exceed the greater of: (i) one hundred dollars or (ii) the amount paid by you to DRHF for the Service in the 12 months prior to the action giving rise to the liability.
- Indemnity by You. You agree to indemnify and hold DRHF, its parent, subsidiaries, affiliates, officers, agents, licensors, and other partners and employees, harmless from any loss, liability, claim, damages, obligations, or demand, including reasonable attorney's fees, made by any third party due to or arising out of (i) your use of the Service, (ii) your violation or breach of this Agreement, (iii) your User Content, or (iv) any breach of your representations and warranties set forth above. DRHF reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of DRHF. DRHF will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
- Notice. DRHF may provide you with notices, including those regarding changes to this Agreement, by email or postings on the Service. Notice will be deemed given 24 hours after the email is sent, unless DRHF is notified that the email address is invalid. Alternatively, we may give you notice through a mechanism made available through the Service, such as through the use of a pop-up on the Service.
- No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
- U.S. Export Controls. Software from this Service (the "Software") is further subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
- Jurisdiction and Choice of Law. In the event of any dispute arising out of the Service, by using the Service, you expressly agree that any such dispute shall be governed by the laws of the State of California, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of California, in Santa Clara County, for the resolution of any such dispute.
- Waiver. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of DRHF to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
- Survival. Sections 4, 6, 9(b), 10, 11, 12(c), 15, and 18-22 will survive any termination of this Agreement. Subject to the foregoing, all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
- Entire Agreement. This is the entire agreement between you and DRHF relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. The Agreement shall not be modified except in writing, signed by both parties, or by a change to the Agreement or Guidelines made by DRHF as set forth in Section 4 above.
- Severability. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
- Assignment. The Agreement, and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DRHF without restriction. Any assignment attempted to be made in violation of this Agreement shall be void.
- Headings. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and shall not be deemed to limit or affect any of the provisions hereof.
- Claims. YOU AND DRHF AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
- Disclosure. The Service is offered by Daniel Riggi Health and Fitness, LLC, email: firstname.lastname@example.org
INFORMED CONSENT WAIVER
General Statement of Program Objectives and procedures
I understand that this online fitness & nutrition program, also known as “iHealthFitness”, may include exercises to build the cardio respiratory system (heart and lungs), the musculoskeletal system, (which involves muscular endurance, strength and overall flexibility), and to improve body composition (increasing muscle and bone and decreasing body fat) Exercise includes aerobic activities, such as walking, running, bicycle riding, rowing machine, group aerobics, swimming and other aerobic activities, weight lifting using dumbbells, machines and other equipment to improve muscular strength and endurance, as well as flexibility exercises to improve joint range of motion. I understand that the certified fitness or nutrition professional, also known as the iHealthFitness Coach, will not be present in physical attendance during any training session.
*Description of Potential Risks:*
I understand that the reaction of the heart, lung, blood vessels as well as other systems to exercise cannot always be predicted with accuracy. I know there is a risk of certain abnormal changes occurring during the following exercise, which include abnormalities of blood pressure, fainting, dizziness, bodily injuries to joints and tendons, disorders of heart rhythm and in very rare instances heart attacks or even death. Use of weight lifting equipment, and engaging in heavy body calisthenics may lead to musculoskeletal strains, pain and injury if adequate warm-up, gradual progression, and safety procedures are not consistently followed. I understand that the certified fitness or nutrition professional / iHealthFitness Coach (seller) shall not be liable for any damages arising from personal injuries and that the injuries sustained by client (buyer) while and during and/or from this online program does so at his/her own risk. Client (buyer) assumes full responsibilities for any injuries or damages which may occur during and/or after conducting exercises outlined in the online fitness and nutrition / iHealthFitness program.
I hereby fully and forever release and discharge certified fitness or nutrition professional / iHealthFitness Coach (seller), its assigns and agents from all claims, demands, damages, rights of action, present and future therein.
I understand and warrant, release and agree that I am in good physical condition and that I have no disability, impairment or ailment preventing me from engaging in active or passive exercise that will be detrimental to heart, safety, or comfort, or physical condition if I engage or participate (other than those items fully discussed on the health questionnaire form).
I state that I have had a recent physical check up and have my personal physician’s permission to engage in aerobic and/or anaerobic conditioning.
Description of Potential Benefits:
I understand that a program of regular exercise for the heart, lungs, muscles and joints has many benefits associated with it. These may include a decrease in body fat, improvement in blood fats and blood pressure, improvement in physiological function and decrease in heart disease.
I have read the foregoing information and understand it. Any questions, which may have occurred, have been answered to my satisfaction.