4:8 Fit, LLC (“4:8 FIT”) is a web-based workout programming and online coaching service. The terms of 4:8 FIT’s services are as set forth in this Membership Agreement. It is agreed by and between 4:8 FIT and the undersigned member (“Member”), that Member is subscribing to 4:8 FIT’s services pursuant to the terms of this Membership Agreement (“Agreement”).
- MEMBERSHIP DUES – EFT/CC BILLING DATE: Your Membership Dues will be automatically billed and collected electronically once every month beginning on the date this Agreement is signed and continuing on that same day every Billing Period, until your Membership is cancelled as provided herein.
- CANCELLATION OF MEMBERSHIP: You may cancel this Agreement for any reason by providing written notice to 4:8 FIT.
- MEMBERSHIP PRIVILEGES: Member will have access to the 4:8 FIT Membership site and other 4:8 FIT services unless/until Membership is cancelled pursuant hereto.
- RELEASE AND WAIVER OF LIABILITY; INDEMNIFICATION: Member hereby acknowledges and agrees that use by Member of the 4:8 FIT website and services, involves risks of injury to persons and property, including those described below, and Member assumes full responsibility for such risks. In consideration of Member being permitted to access 4:8 FIT’s services, including, but not limited to, viewing and following fitness information and routines available on the 4:8 FIT website, and related coaching, counseling, and other 4:8 FIT services, or participation in any way with 4:8 FIT services, Member agrees to the following: Member hereby releases and holds 4:8 FIT, its officers, owners, employees, and agents, harmless from all liability to Member, Member’s family members, personal representatives, assigns, and heirs, for any loss or damage, and forever releases and waives any claim or demands therefore, on account of injury to Member’s person or property, including injury leading to the death of Member, whether caused by the active or passive negligence of 4:8 FIT or otherwise, to the fullest extent permitted by law.
Member also hereby agrees to indemnify 4:8 FIT from any loss, liability, damage or cost 4:8 FIT may incur due to the Member’s use of 4:8 FIT’s services, caused by the negligence of Member or otherwise. Member represents (a) that Member is in good physical condition and has no disability, illness, or other condition that could prevent Member from exercising without injury or impairment of health, and (b) that Member has consulted a physician concerning an exercise program that will not risk injury to Member or impairment of Member’s health. Such risk of injury includes (but is not limited to): injuries arising from use by Member or others of exercise equipment and machines; injuries arising from participation by Member or others in supervised or unsupervised activities or programs; injuries and medical disorders arising from exercising pursuant to information, advice, coaching, or other services offered by 4:8 FIT, such as heart attacks, strokes, heat stress, sprains, broken bones, and torn muscles and ligaments, among others; and accidental injuries allegedly occurring as a result of Member’s use of 4:8 FIT’s services. Member further expressly agrees that the foregoing release, waiver and indemnity agreement is intended to be as broad and inclusive as is permitted by applicable law and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full force and effect. Member has read this release and waiver of liability and indemnity clause, and agrees that no oral representations, statements or inducement apart from this Agreement have been made.
- LIMITATION OF LIABILITY: 4:8 FIT makes no warranties or representations, express or implied, other than those set forth herein, and Member’s sole and exclusive remedy in the event of any breach of this Agreement shall be cancellation of this Agreement. IN NO EVENT SHALL 4:8 FIT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. 4:8 FIT, in its sole and absolute discretion, reserves the right to shut down its website and/or change existing services, rules, regulations, conditions, guidelines, classes, or programs.
- ADDITIONAL TERMS AND CONDITIONS: Except as otherwise stated herein, all notices to 4:8 FIT hereunder shall be mailed (recommended certified or registered, return receipt requested) to 4:8 FIT’s address set forth above. All notices to Member hereunder shall be mailed to the address Member has provided in this Agreement. If any part of this Agreement is held by a court of competent jurisdiction to be void or unenforceable, the remainder of the terms and provisions of this Agreement shall remain in full force and effect and shall not be affected. Member agrees that Member, and any of Member’s guests, shall be bound by this Agreement. You agree that this Agreement may be revised, supplemented or amended in the sole and absolute discretion of 4:8 FIT and any such changes shall become immediately effective upon posting on 4:8 FIT’s website. Termination of Membership will be effective only if the procedures described herein are followed. Failure by any Member to use the Membership will not relieve Member of payment obligations regardless of the circumstances, except as provided for below. If any payment of dues or other charges is not made on time, 4:8 FIT may, but is not obligated to, suspend or terminate Membership, including access to 4:8 FIT’s website. No refunds shall be made for Membership dues paid, except as specifically provided herein.
- SUSPENSION OR TERMINATION: 4:8 FIT may suspend or terminate Member’s membership if Member violates this Agreement or engages in other misconduct which in 4:8 FIT’s sole discretion warrants such action. Member shall not be entitled to any refund, credit or abatement if such a breach occurs.
By becoming a Member of 4:8 Fit you acknowledge that you are of legal age, has read and understands the entire Agreement including, but not limited to the EFT/CC Request (if applicable), and the Release and Waiver of Liability and Indemnity.
4:8 FIT has made no express or implied warranties or representation other than those expressly set forth in this Agreement to induce Member to enter into this Agreement. This Agreement constitutes the entire agreement of the parties and no other agreement or understanding exists between Member and 4:8 FIT. Member shall reimburse 4:8 FIT for all fees and costs, including without limitation reasonable attorneys’ fees, incurred by 4:8 FIT in enforcing the terms of this Agreement