Terms of Service
RECITALS
WHEREAS, Glow Fitness is in the business of providing personal fitness and consultation services to the public; and
WHEREAS, Client desires to enter into this Agreement to use Glow Fitness’s Online Programs, Membership Programs, Coaching Programs, and/or one-on-one coaching sessions and agrees to the terms and conditions hereinafter set forth; now,
THEREFORE, it is agreed:
I. ACCESS TO PROGRAMS
1. All programs, products, or services are owned and provided to Client by Glow Fitness.
2. Glow Fitness grants Client a limited, non-transferable, non-exclusive, revocable license (“License”) for Client’s individual use any program(s) purchased by Client. Purchase of a program only grants Client the aforementioned License and is not a purchase of the software or content.
3. Unless otherwise authorized by Glow Fitness in writing, Client may not modify, copy, reproduce, republish, upload, post, sell, create derivative works, exploit, or distribute in any manner any material Client receives subject to the License above.
4. Client may access the program(s) for his/her individual use and download and/or print any program(s) materials for his/her individual use. Access of Glow Fitness’s program(s) and related materials by another individual is a violation of use.
5. Client agrees to pay $$$ monthly for this License.
6. This Agreement and License shall continue indefinitely unless terminated under Subsection II of this Agreement.
7. By accessing the program(s) and/or related materials, Client agrees to assume all of the risk of access and any subsequent actions taken as a result of the influence, information, or educational materials provided by Glow Fitness, including any injury resulting therefrom.
II. TERMINATION
1. Glow Fitness may terminate this Agreement and the License contained therein immediately upon breach of any of the terms set forth in this Agreement by Client. If Glow Fitness terminates this Agreement and License based on a breach by Client, Client shall not be entitled to receive a refund of fees of any kind.
2. Client may terminate this Agreement and License for any reason by submitting a thirty (30) day written notice (“Notice”) to Glow Fitness via electronic mail to glowfitness19@gmail.com. This Notice must be received by Glow Fitness thirty (30) days prior to Client’s next payment date to assure cancellation of automatic payments. It is Client’s responsibility to ensure that Notice is given thirty (30) days prior to the next payment date or the next payment will be withdrawn. Client will be able to access the programs for thirty (30) days upon Glow Fitness’s receipt of the last payment. After the thirty (30) day period has passed, Client’s License is terminated, and Client will no longer be able to access any materials related to Glow Fitness.
3. Glow Fitness may terminate this Agreement for any other reason by providing written notice (“Notice”) to Client via electronic mail. After the thirty (30) day period has passed, Client’s License is terminated, and Client will no longer be able to access any materials related to Glow Fitness.
III. INTELLECTUAL PROPERTY
1. All images, text, designs, graphics, page layout, ticons, videos, logos, taglines, trademarks, and service marks are owned by and the property of Glow Fitness. Client agrees that use of Glow Fitness’s intellectual property without written permission from Glow Fitness is a breach of this Agreement.
2. Glow Fitness may remedy the illegal use of its intellectual property however it sees fit, including but not limited to, terminating this Agreement and filing a lawsuit against Client for damages and/or an injunction.
3. Client may request written permission to use, publish, or refer to any content, program(s), or related materials via electronic mail to glowfitness19@gmail.com.
IV. PRIVACY POLICY
1. Client agrees that by submitting a comment, photograph, video, or any other material(s) onto any website or platform owned or maintained by Glow Fitness, including but not limited to the online software platforms used to distribute the program(s) and related materials, Glow Fitness has Client’s explicit permission to republish Client’s submission in whole or in part.
2. By accessing Glow Fitness’s program(s) or materials, Client agrees that Glow Fitness has the right to disclose Client’s participation unless Client objects in writing.
3. Glow Fitness is not obligated to notify Client of the use of the publication of any comments, photographs, videos, or other materials submitted to Glow Fitness by Client.
V. INDEMNIFICATION
1. Client agrees to indemnify and hold harmless Glow Fitness, as well as any of its affiliates, agents, contractors, officers, directors, shareholders, and employees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to Glow Fitness’s program(s) and this Agreement.
2. Glow Fitness and its affiliates, officers, employees, agents, directors, etc., shall not be liable to Client for any direct, indirect, incidental, special, consequential, or exemplary damages resulting from or incurred in connection with Client’s use of Glow Fitness’s program(s) and this Agreement.
3. Glow Fitness does not assume any liability for any third-party conduct, accidents, delays, harm or other detrimental or negative outcomes as a result of Client’s access to Glow Fitness’s programs and related materials.
4. Glow Fitness explicitly excludes liability for any loss or damage incurred by Client or by the use of Client’s access for any physical, mental, or emotional injury as a result of accessing the program(s) or related materials.
5. Client agrees to indemnify and hold harmless Glow Fitness in the event of a technological failure. Client agrees that although Glow Fitness may try to remedy the issue, Client may be responsible to obtain support from a third-party provider, such as Trainerize.
6. Glow Fitness does not store any whole credit card numbers or payment information. All payments are processed through third party processors, such as Paypal, Stripe, Square, Trainerize. By utilizing such systems, Client agrees to indemnify Glow Fitness for the security of payment details.
VI. MISCELLANEOUS
1. Entire Agreement. This Agreement contains all of the terms and conditions agreed upon by Glow Fitness and Client hereto with reference to the subject matter hereof. No other agreements, oral or otherwise, shall be deemed to exist or to bind either party hereto, and all prior agreements and understandings are superseded hereby. This Agreement cannot be modified or changed except by written instrument signed by each party.
2. Severability. The terms of this Agreement are severable such that if one or more of the provisions are declared illegal, void, or unenforceable, the remainder of the provisions shall continue to be valid and enforceable.
3. Assignment. Client may not assign its rights or delegate its obligations under this Agreement, in whole or in part, without the prior written consent of Glow Fitness.
4. Governing Law. The interpretation, construction, and performance of this Agreement shall be governed by the law of the state of Tennessee. All suits, claims, or cause of action arising out of or in any way concerning the rights or obligations of the parties hereunder shall be brought in any court of competent jurisdiction located in Knox County, Tennessee, and the parties hereto agree that Knox County, Tennessee, is and shall constitute the sole and exclusive forum of the presentation of and resolution of any and all such claims or disputes.
5. Titles. The titles of the Paragraphs herein are for convenience of reference only and are not to be considered in construing this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first stated above.
I HAVE READ THE FOREGOING AGREEMENT AND I HEREBY ACCEPT AND AGREE TO EACH AND ALL OF THE PROVISIONS AND CONDITIONS THEREOF. I HEREBY ACKNOWLEDGE RECEIPT OF A COPY OF THIS AGREEMENT.