Terms And Conditions of Use
COACH JEN’S FITNESS (“CJF”) OWNS AND OPERATES THE SERVICES AND RESERVES THE RIGHT TO CHANGE ANY TERMS OR CONDITIONS WITHOUT NOTICE, EFFECTIVE UPON THEIR POSTING. CJF OR ITS SERVICE PROVIDERS, AFFILIATES AND BUSINESS ASSOCIATES MAY IMPOSE LIMITS ON CERTAIN FEATURES AND SERVICES OR RESTRICT YOUR ACCESS TO PARTS OR ALL OF THE SERVICES WITHOUT NOTICE OR LIABILITY; CJF MAY ALSO TERMINATE YOUR USE OF THE SERVICES AT ANY TIME IN ITS SOLE DISCRETION.
By using (including any purchase of) any online Service, you agree and warrant that you are 18 years old or older and are of legal age to enter into this agreement.
Use of Services; Ownership of Intellectual Property Rights
All text, photographs, images, illustrations, artwork, audio and video clips, design, software, graphic material, trademarks, service marks and trade names, and all intellectual property rights in and to such items (hereinafter “Content”) constitute the sole and exclusive property of CJF or its affiliates, licensors and content providers. The User is granted a personal, non-exclusive, non-assignable and non-transferable license to use the Content for non-commercial and personal, informational use only. The following acts are additionally prohibited without CJF’s prior written approval: copying of the Services or the Content or any portion, variations or derivatives thereof; reproduction, modification, creation of derivative works, display, performance, publication, distribution, dissemination, broadcast or circulation of any Content, in whole or in part (including without limitation, the display and distribution of the Content via a third party application or Web site); and disassembling, decompiling, reverse engineering or otherwise modifying the Content.
Additional User Conduct Guidelines
CJF requests that the User not impede or inhibit any other User from using and enjoying the Services. Therefore, in using the Services, you agree not to: disrupt or interfere with the security of, or otherwise abuse, the Services, system resources, accounts, servers or networks connected to or accessible through the Services or affiliate linked websites/services; upload, post, or otherwise transmit through or on the Services any viruses or other harmful, disruptive or destructive files; use or attempt to use another’s account, service or system, or link to another site, without authorization from CJF, or create or use a false identity on the Services; or transmit through or on the Services spam, chain letters, junk mail or other types of unsolicited mass e-mail to people or entities who have not agreed to be part of such mailings.
CJF reserves the right to remove any content that it in its sole discretion believes is infringing, defamatory, illegal or offensive, or otherwise as may be permitted under the Digital Millennium Copyright Act or other applicable law. Further, any unauthorized or prohibited use may additionally subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
USER EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT USER’S SOLE RISK. NEITHER CJF, ITS AFFILIATES, EMPLOYEES, AGENTS, SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE, WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY, SECURITY OR CONTENT OF ANY INFORMATION OR SERVICE CONTAINED IN OR PROVIDED THROUGH THE SERVICES.
THE SERVICES, ALL CONTENT AND INFORMATION PROVIDED THEREIN, AND ALL DOWNLOADABLE SOFTWARE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, AND ALL SUCH WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED AND EXPRESSLY NEGATED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY CJF, ANY OF ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS OR ANY SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS; LICENSORS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE. USER HEREBY ACKNOWLEDGES THAT CJF IS NOT RESPONSIBLE FOR ANY INTERCEPTED INFORMATION SENT VIA THE INTERNET, AND USER RELEASES CJF FROM ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE USE OF INTERCEPTED INFORMATION IN ANY UNAUTHORIZED MANNER.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL CJF, ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD PARTY INFORMATION PROVIDER, SERVICE PROVIDERS, LICENSOR, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, LOST PROFIT, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES THAT RESULT FROM OR ARE RELATED TO THE USE OF OR INABILITY TO USE THE SERVICES; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT OR DESTRUCTION.
All of these Terms and Conditions apply to our apps, too. Use of our apps is also at your own risk. They are provided as a service to our members and users without charge, and we disclaim any and all responsibility for them.
The User agrees to indemnify, defend and hold harmless, CJF, its affiliates, employees, agents, third party information providers, service providers, licensors or the like and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Services from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions by the User. CJF reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by User, in which event User will fully cooperate with CJF in asserting any available defenses.
Third Party Links and Sites
Opt Out of Receiving Further Web Based Marketing
You can choose to be removed from our web-generated marketing lists at any time. Each unsolicited commercial email includes instructions for opting out of further e-mail marketing communications. In addition, you can opt out of CJF’s marketing e-mail or print mail by sending an e-mail with “remove” in the subject line to [INSERT EMAIL ADDRESS]. To opt out by mail, please send your name, company, e-mail address and physical mailing address with “remove” in the subject line to [INSERT ADDRESS, IF YOU WANT THIS PROVISION AT ALL].
These Terms and Conditions of Use shall be governed by, construed and enforced in accordance with the laws of the State of California and the federal laws of the United States of America. Users agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within the State of California for any disputes arising from or related to the Services or these Terms and Conditions of Use. These Terms and Conditions are not intended to alter the terms or conditions of any other agreement you may have with CJF or its affiliates, parents, service providers or business associates to the extent that those agreements govern issues other than your use of the Services. Should any provision in these Terms and Conditions be found invalid or unenforceable for any reason, that provision shall be deemed severable from the terms and shall not affect validity or enforceability of the remaining provisions. These Terms and Conditions may not be altered by action, inaction or course of dealing between the parties. These Terms and Conditions may only be altered by (a) prior written mutual agreement between CJF and User; or (b) CJF posting revisions on the Services. Failure by CJF to object to a User’s behavior, conduct or action does not constitute a consent, ratification or waiver of objection.
If you have any questions or concerns about our Terms and Conditions of Use, please write to CJF at: firstname.lastname@example.org
CJF offers memberships for every type of fitness and eating healthy, regardless if you are a new or experienced student.
TERMS AND CONDITIONS OF MEMBERSHIP AGREEMENT
We offer a NO COMMITMENT on All Memberships
Memberships cannot be cancelled within the first month of activation
Please note that ALL membership AUTO-PAYS require a one month auto pay cycle written notice to discontinue
Please write to email@example.com
1. First month payment is required for sign up and is NOT refundable or non-transferable
2. Membership commences on the date of sign up and amount will be charged on that date of month each month unless otherwise noted.
3. Monthly memberships canceled before the required minimum will be subject to charge.
4. All memberships paid monthly are not refundable in part or full after auto-draft has gone through under any circumstances. Memberships paid upfront are not refundable under any circumstances.
5. A credit/debit card must be used for the first month’s payment. After that member has the option to provide a voided check and/or bank account information to debit the auto-drafts from their checking accounts. Should a voided check not be given to Coach Jen’s Fitness hereafter referred to as Coach Jen’s Fitness) in time for the first automatic payment, the credit card will be charged until such time that the voided check is brought in.
6. Should member set up the membership with a checking account number, member still must provide his/her credit card information for back up purposes. Memberships can’t be set up without credit card information.
7. Coach Jen’s Fitness is in no way, under any circumstances, responsible or obligated to pay for member’s insufficient fund penalties, returned checks, and/or over the limit fees.
A $30 fee will be charged for all insufficient funds and returned checks.
8. Coach Jen’s Fitness retains the right to auto-draft member’s dues on the credit card given at the time of sign up should the member’s bank account have insufficient funds and/or charge member for insufficient funds penalties charged to Coach Jen’s Fitness due to member insufficient funds and/or returned checks at the time of bank auto-draft.
9. Members may put membership on hold for 1 month after 6 months of continued auto-drafting dues, the first time being 6 months after membership commencement date. This option will only be rewarded when requested by e-mail to firstname.lastname@example.org. If member wishes to put their membership on hold for more than one month, member will be subject to a $50.00 re-activation fee to cover administration expenses.
10. All memberships paid monthly will renew automatically month to month. For cancellations, holds, and/or changes to memberships for any reason, member must notify Coach Jen’s Fitness via email at email@example.com at least 30 days prior to next auto-draft, putting “membership cancellation, membership hold, or membership change” as subject heading of email. In turn, Coach Jen’s Fitness will send a confirmation via email after the changes have been made to the account. Member agrees that Coach Jen’s Fitness could take up to 7 business days to respond.
11. All termination requests will begin 30 days from the written notice Any and all scheduled charges during those 30 days will process. We reserve the right to not pro-rate purchases. Ex: Your contract renews on the 14th of each month. April 1st a written notice to cancel is received. April 14th’s charge for your membership will process. Your last day to attend is May 13th.
12. Once member has submitted e-mail request for any changes to membership, it is member’s responsibility to ensure that Coach Jen’s Fitness has responded back on the same e-mail account to confirm processing the request. Coach Jen’s Fitness is in no way, under any circumstances, responsible for member’s negligence in checking their own bank statements to ensure that membership changes, holds, or cancellations have been processed correctly. In the event of miscommunication member is responsible to produce a copy of their request and response from Coach Jen’s Fitness for review. Only then, if Coach Jen’s Fitness did not perform what it agreed to do, Coach Jen’s Fitness will reimburse any funds rightfully owed to member. In the event that member cannot produce a copy of e-mail correspondence with Coach Jen’s Fitness then Coach Jen’s Fitness is not obligated to, nor will refund under any circumstances, dues debited from member’s account.
132.Members wishing to change their memberships (or in any other way modify their contracts) must sign a new membership agreement. Membership upgrades (to a higher price membership will not be subject to any fees. Membership downgrades (to a lower price membership will be subject to all new expiration and cancellation dates, terms & fees applying, including registration and early cancellation fees.)
143. Membership prices are subject to change. In the event of a change in membership price increase. Members will be notified via email of any price increase to their memberships. They will be notified one month or more prior to the change with the opportunity to submit a 30 day written cancellation or change notice.
154. Class schedule is subject to change without notice. Please check our website for up to the minute changes, additions, and/or cancellations.
165. Memberships are non refundable and non transferable.