The Fit Collective®, Nutrition Training Program

TERMS AND CONDITIONS

*THIS DOCUMENT CONTAINS A WAIVER AND RELEASE: READ CAREFULLY*

Access to and use of Nutrition Training Program (defined below) is provided by The Fit Collective®, a dba of Mind Body Marriage, PC, a Pennsylvania Professional Corporation, on the following Terms and Conditions.

   1.   Definitions

1.   “Agreement” means this document, setting forth the terms and conditions of Nutrition Training Program, as defined below.

2.   “Community Content” means all content, including without limitation, language, data, information, and images, provided through or disclosed by use of the Nutrition Training Program, whether by us, our members, or other users of the Nutrition Training Program. Community Content does not include Your Content.
3.   “The Fit Collective®” means the course as designated above in the title of this Agreement as offered by Mind Body Marriage PC d/b/a The Fit Collective® course materials whether same are created, found, stored, viewed via on-line forums, training material whether print or electronic, telephonic and/or video-conferences, streaming services.

4.   “Course Guidelines” or “Terms and Conditions” means the terms and conditions and guidelines applicable to users of the Nutrition Training Program, including this Agreement, all terms and guidelines published on any websites of The Fit Collective®; or any other website as designated
5.   "Third-Party Sites" means third-party websites linked from within or accessed through the Nutrition Training Program.
6.   "We", "us", “FWC” or “our” means The Fit Collective® (a d/b/a of Mind Body Marriage, PC a Pennsylvania professional corporation).

7.   “Course Waiver” means that FWC Waiver attached hereto and incorporated herein.
8.   "You" or "your" or “Member” means the person enrolled in the Nutrition Training Program.
9.   "Your Content” means all content, including without limitation, language, data, information, and images, provided through or disclosed by use of the Nutrition Training Program by you.
   
   

   2.   Use Of Service | Prices

1.   This Agreement, including the Course Waiver, shall constitute a binding contract between You and The Fit Collective® regarding the terms under which The Fit Collective® will provide You with the Nutrition Training Program.

               2.   There are no refunds for this program. You will have access to the content for 12 months after purchase.

3.   You agree to be bound by all Terms and Conditions, which shall take effect immediately upon Acceptance of this Agreement (including “electronically clicking” your acceptance via the form), your first payment whether in whole or in part or as applied via a credit from any other course, or by downloading the Fit Collective App™ whichever first occurs.

4.   The Fit Collective® reserves the right, at its discretion, to make changes to any part of the Nutrition Training Program, provided that it does not materially reduce its content or functionality.
   
   

   3.   Your Conduct and Content

1.   You must review and follow all Course Guidelines and Terms and Conditions and be at least 18 years of age.
2.   Members are granted a time-limited, non-exclusive, revocable, non transferable, and non-sub-licenseable right to access the Nutrition Training Program content corresponding to your purchase.
3.   You will use the Nutrition Training Program for its intended purpose only and will not use it for solicitation or advertising purposes, unless we otherwise agree. The Nutrition Training Program is meant for private party discussion, non-commercial use only. The Fit Collective® reserves the right to refuse orders from businesses or individuals that we consider are for commercial concerns. You may not resell or make available to any third party the Nutrition Training Program without the prior written consent of The Fit Collective®, nor may you disclose or solicit anyone's private information or disclose confidential information.
4.   You are not permitted to sell, rent, lease, assign, sublicense, distribute, transmit, broadcast, commercially exploit, grant a security interest in, or otherwise transfer any right in your membership in the Nutrition Training Program or Community Content.
5.   You may not (directly or indirectly) use the Nutrition Training Program in a manner that:

•    is in violation of this Agreement;
•    is confidential, proprietary or discloses nonpublic personal information or discloses or solicits private info of any person;
•    is threatening, abusive, harassing, stalking, defamatory; deceptive, false, misleading or fraudulent;
•    is invasive of another's privacy or otherwise violates another’s legal rights (such as rights of privacy and publicity);
•    contains vulgar, obscene, indecent or unlawful material;
•    infringes a third party's intellectual property right(s);
•    publishes, posts, uploads, or otherwise distributes any software, music, videos, or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you have all necessary rights and consents to do so;
•    in any way does or will reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit the Nutrition Training Program or Community Content or any portion thereof; uploads files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person's computer;
•    downloads any file that you know, or reasonably should know, cannot be legally distributed in that way;
•    falsifies or deletes any author attributions, legal or proprietary designations, labels of the origin or source of software, or other material contained in a file that is uploaded;
•    restricts or inhibits any other user of the Nutrition Training Program from using and enjoying our website and/or the Nutrition Training Program product;
•    harvests or otherwise collects information about others, including email addresses, without their consent;
•    damages, disables, overburdens, or impairs The Fit Collective® website or interferes with any other party's use and enjoyment of the Nutrition Training Program;
•    attempts to gain unauthorized access to the Nutrition Training Program, or access the Nutrition Training Program by any means other than through the interface that we provide to you; ● is legally actionable between private parties; and/or ● is in violation of any applicable law or regulation.

• If we believe your use of the Nutrition Training Program is adversely affecting the provision of the service (or any part of it) to other users, or other users’ enjoyment of the service, we reserve the right to manage or regulate your usage of the Nutrition Training Program. This may include temporarily suspending your user account and/or access to the Nutrition Training Program.
• We may immediately suspend or cancel your membership to the Nutrition Training Program, without notice and in our sole discretion, for actual or suspected violations of the terms contained in this Section 4 or as set forth below in Section 9.
  
  

4. Our Use of Your Content

•     We may edit or remove Your Content, or block or disable replies on a topic, at any time in our sole discretion.
  
  
  

5. Availability of Website

•    Although we aim to offer you the best service possible, we make no promise that your access to the Nutrition Training Program will be fault-free. If a fault occurs with your access to The Fit Collective®, you should report it to [email protected] and we will attempt to correct the fault as soon as we reasonably can.
•    You recognize that the traffic of data through the Internet may cause delays during the download of information from the website and accordingly, you shall not hold The Fit Collective® liable for delays that are ordinary in the course of Internet use. You further acknowledge and accept that the website will not be available on a continual twenty-four-hour basis due to such delays, or delays caused by The Fit Collective®’s upgrading, modification, or standard maintenance of the website.
  
  

6. The Fit Collective® Proprietary Rights

•    You are not granted a license to reproduce, publish, or use any information through your membership with the Nutrition Training Program in any way unless the same is expressly granted under this Agreement. The Nutrition Training Program products are protected by intellectual property laws, they belong to and are the property of us or our licensors (if any), and we retain all ownership rights to them.
•    We encourage all members to provide comments, engage in online forums and discussions and in any manner as provided by The Fit Collective®.
•    All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on Service and all content (including all applications and materials) located on or available through Nutrition Training Program shall remain vested in The Fit Collective®.
•    You must not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use The Fit Collective® content, including but not limited to the Nutrition Training Program, and The Fit Collective® and MBM-related names, images and logos in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any Nutrition Training Program, MBM content except for your own personal, non-commercial use. Any other use requires the prior written permission of The Fit Collective®.
•    Nothing contained in these Terms and Conditions shall be construed as conferring any license or right to use any trademark, design right or copyright of The Fit Collective® or any other third party.
  
  

7. Third-Party Sites and Products

•   Third-Party Products and Third-Party Sites are not under our control. Third-Party Sites and Products are provided to you only as a convenience, and the availability of any Third-Party Site or Product does not mean we endorse, support or warranty the Third-Party Site or Product.

8. Termination and Cancellation

•    We may terminate this Agreement and/or suspend your access to the Nutrition Training Program immediately if you: (i) violate any of the terms of this Agreement, (ii) use the Nutrition Training Program in a way which has or may negatively reflect on or affect us, our prospects, or our members, or (iii) if we determine it to be necessary or desirable in our sole discretion.
•    We are not obligated to provide you with any of Your Content used in connection with the Nutrition Training Program after termination.

Termination or expiration of this Agreement shall not cause your obligation to pay for the entire Nutrition Training Program to be terminated, and any termination by The Fit Collective® of your right to the Nutrition Training Program shall result in an immediate acceleration of all funds due and owing for the entire course. You further understand and expressly authorize The Fit Collective® in any such event to charge your credit card for such remaining funds due.

•    You further understand that in the event that we terminate and/or suspend your membership you shall not be entitled to any refund, regardless of the type of membership purchased, including but not limited to monthly and/or annual memberships and will be charged for the entirety of the course as though your rights to such course had not been terminated.
•    There are no refunds once charge has been processed. 

9. Indemnification

•    You will indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an "Action") brought against us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party to the extent that such Action is based upon or arises out of (a) your use of the Nutrition Training Program, (b) your disclosure or solicitation of personal information, (c) any use of personal information that you disclosed, whether this use is by you or a third party, (d) your noncompliance with or breach of this Agreement, or (e) your use of Third-Party Products or Third-Party Sites.
•    We will: notify you in writing within thirty (30) days of our becoming aware of any such claim and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. You shall not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions

on us without our prior written consent.

10. Disclaimers; Limitations of Liability

•   WE AND OUR AFFILIATES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE FIT COLLECTIVE PRODUCTS OR SERVICES OR THE COMMUNITY CONTENT FOR ANY PURPOSE. APPLICATION PROGRAMMING INTERFACES (APIS) MAY NOT BE AVAILABLE AT ALL TIMES. TO THE EXTENT PERMITTED BY LAW, THE FIT COLLECTIVE™ COURSE IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE THE FIT COLLECTIVE COURSE AND THE COMMUNITY CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE FIT COLLECTIVE COURSE AND COMMUNITY CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
•    TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR BUSINESS OPPORTUNITIES. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, WE ARE DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY, THE PARTIES AGREE THAT OUR AGGREGATE LIABILITY WILL BE LIMITED TO FIVE HUNDRED DOLLARS ($500.00).

•    WE DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS AND THIRD-PARTY SITES THAT YOU USE. OUR LICENSORS SHALL HAVE NO LIABILITY OF ANY KIND UNDER THIS AGREEMENT.

•    YOU UNDERSTAND AND AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE NUTRITION TRAINING PROGRAM TO YOU.
•    YOU AGREE TO BE FURTHER BOUND, AND WITHOUT LIMITING ANY LIMITATION OF LIABILITY HEREIN, BY THAT CERTAIN COURSE WAIVER, CONTEMPORANEOUSLY SIGNED BY YOU, WHICH SHALL BE INCORPORATED HEREIN, AND EXPRESSLY ACKNOWLEDGE THAT THIS AGREEMENT DOES NOT LIMIT YOUR OBLIGATIONS IN THE COURSE WAIVER AND THAT THE COURSE WAIVER DOES NOT LIMIT YOUR OBLIGATIONS IN THIS AGREEMENT.

11. General

•    Note that in the event of any conflict between the Course Guidelines, Terms and Conditions, and any and all The Fit Collective® terms and conditions posted on any The Fit Collective® or The Fit Collective® affiliated website, the more specific terms and conditions will control.
•    Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association. The number of arbitrators shall be three. The place of arbitration shall be Philadelphia, Pennsylvania. Pennsylvania State law shall apply. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
•    Neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; pandemic; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.

•    The Community Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the Community Content and Your Content at any time without prior notice. We do not guarantee that any errors, inaccuracies or omissions will be corrected.
•    If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.
•    This Agreement is the entire agreement between us for the Nutrition Training Program and supersedes all other proposals and agreements, whether electronic, oral or written, between us. We object to and reject any additional or different terms proposed by you, including those contained in your purchase order, acceptance, email correspondence, or otherwise.
•    Nothing in this Agreement, express or implied, is intended to or shall confer upon any person or entity (other than the parties hereto) any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement. We grant to you only the rights and licenses expressly stated in this Agreement, and you receive no other rights or licenses with respect to us, The Fit Collective® products and services, our trademarks, or any other property or right of ours.

•    The following sections shall survive the expiration or termination of this Agreement: ‘FWC’s Proprietary Rights’, ‘Your Conduct and Content’, ‘Indemnification’, ‘Disclaimers; Limitation of Liability’, and ‘General’.

MIND BODY MARRIAGE, PC dba The Fit Collective®

COURSE WAIVER

GENERAL WAIVER & RELEASE OF LIABILITY

READ CAREFULLY! THIS AGREEMENT INCLUDES A WAIVER AND RELEASE!

Event Description (“Event”):

The Fit Collective®

(including but not limited to any on-line courses, on-line forums, training material, telephonic and/or video-conference, streaming services)

Event Location:

On-line, including but not limited to by and through electronic, telephonic, video, and social media

All Capitalized Terms herein shall be as set forth above in the Terms and Conditions.

In consideration of being permitted to participate in the above-referenced activity (hereinafter "Event") hosted by Mind Body Marriage, PC dba The Fit Collective® either online, via electronic and/or social media, at a place so designated, or any other location as determined, I hereby agree as follows:

1.   No Professional Services Provided. By participating in any The Fit Collective® course, including but not limited to the The Fit Collective Course, and by engaging in any individual or group consulting sessions, purchasing any The Fit Collective® product, and reading any The Fit Collective®, guidelines, handouts, website materials, course materials, e-books or email or email series, you acknowledge that The Fit Collective, including its officers, shareholders, employees, directors, agents, assigns, and independent contractors (“The Fit Collective and Agents”) is not a licensed mental health counselor, nutritionist, or psychologist, and although Dr. Ali Novitsky is a licensed medical doctor, neither she nor any other The Fit Collective® and Agents is providing any medical advice or licensed medical doctor service in relation to The Fit Collective®, the Nutrition Training Program, or otherwise. You are expressly advised that involvement and/or participation in any Fit Collective activity or course, including the Nutrition Training Program, does not replace the care of mental health counselors, nutritionists, psychologists, doctors or other healthcare professionals. The Nutrition Training Program is in no way to be construed or substituted as licensed nutritionist, psychological or mental health counseling, or medical advice.

2.   Risks.
3.   I understand that the Event I am participating in may be of a hazardous nature including strenuous physical activity. The Fit Collective® has made me fully aware that the Nutrition Training Program is of a nature and kind that I may find strenuous and can/may push me to the limits of my physical abilities. I, the undersigned, recognize and understand that the programs/classes are not without varying degrees of risk which may include, but are not limited to the following: Injury to the musculoskeletal and/or cardio respiratory systems, as well as any and all other physical injury related to or resulting from my participation in any exercise, all of which can result in serious injury or death, injury or death due to negligence on the part of myself, an Nutrition Training Program instructor, or other people around me, injury or death due to improper use or failure of equipment (whether owned by me or someone else), or injury or death due to a medical condition, whether known or unknown by me. I am aware that any of these above-mentioned risks may result in serious injury or death to myself and or my partner(s).

5.   I also understand that the Nutrition Training Program may include nutritional recommendations for the purpose of a “healthy” lifestyle or suggested for weight loss or for any other purpose. You agree that you hereby waive any claims or rights that you might otherwise have to sue The Fit Collective® and Agents if injury/harm occurs to you that may result from participation in the Nutrition Training Program including exercise, nutrition, consultations, or weight loss. You understand that you should consult your physician if you have any medical issues. You acknowledge nutrition services are not to be in place of any medications.
6.   By signing, you acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability. You are waiving any right that you have to bring legal action to assert a claim against us.
7.   No Guarantee. The Fit Collective® does not guarantee any results based on the information contained on any The Fit Collective® website or by and through the Nutrition Training Program or any other Fit Collective course, including but not limited to guarantee of increased weight reduction, increased strength or muscular tone, and/or decreased stress, fatigue, or feelings of “burnout.” Waiver and Release.
8.   Understanding there may be risks associated with participating in the Event, I do hereby for myself, my heirs, personal representative and assigns, knowingly and voluntarily enter into this waiver and agree to forever release, discharge and hold harmless The Fit Collective® and its subsidiaries and affiliates, respective owners, officers, directors, managers, shareholders, staff, employees, volunteers, insurers and agents, independent contractors, and their respective successors and assigns, from any and all claims, liabilities, causes of action, suits, judgments, attorneys' fees, and demands of any kind including without limitation, accidents or illnesses ranging from minor cuts, bruises and sprains to severe physical injury (including death), psychological injury, economic or emotional injury, property damage or theft or any other loss, damage or inconvenience whatsoever for now or in the future arising from or related to the Event. I willingly assume full responsibility for any and all risks that I am exposing myself to as a result of my participation in The Fit Collective® and/or Nutrition Training Program and accept full responsibility for any injury or death that may result from participation in any activity, class or physical fitness suggested program.
9.   I hereby certify that I know of no medical problems that would increase my risk of illness and injury as a result of participation in any physical exercise or conditioning. The Fit Collective® has informed me that there exists the possibility of adverse physical changes during any exercise program, and I fully understand the same. The Fit Collective® informed me that these changes could include abnormal blood pressure, fainting, disorder of heart rhythm, stroke, and in very rare instances, heart attack or even death, and I fully understand the same. With my full understanding of the above information, I agree to assume any and all risk associated with my participation in the Nutrition Training Program or other The Fit Collective® course.
10.   I indemnify, hold harmless, and promise not to sue The Fit Collective® from any and all liabilities or claims made as a result of my participation in the Activity, whether caused by the negligence, gross recklessness, or contractual breach of The Fit Collective®.
11.   Voluntary Assumption. I have read the previous paragraph and understand that these and other risks are inherent in participation in the Event. I hereby assert that my participation in the Event is voluntary, of my own choosing and that no promise or inducement for this release has been offered to me by The Fit Collective®. It is further agreed and understood that I am knowingly assuming any and all associated risks with the Event, including but not limited to, any risks that may arise from the negligence or carelessness of The Fit Collective®, its subsidiaries, affiliates, directors, officers, employees, partners, contractors, agents, representatives, volunteers, successors and assigns.
12.   This document is in addition to the Terms and Conditions, set forth for the Nutrition Training Program, and is in addition to any other Terms and Conditions by The Fit Collective® as posted on any The Fit Collective® website.
13.   By clicking “I Agree” to these terms OR in making a payment OR registering for the program in the app OR  applying a credit to the Nutrition Training Program, I acknowledge that I have carefully read this Waiver, Release of Liability and fully understand its terms and contents. I understand that this agreement will have full force and legal throughout the entirety of any The Fit Collective® course offered, including but not limited to the Nutrition Training Program.
14.   By clicking “I Agree” to these terms OR in making a payment or applying a credit to the Nutrition Training Program OR by downloading The Fit Collective App®, I understand there are no refunds for this program, and I will have access to the content for 12 months.