TERMS AND CONDITIONS

 

Effective Date: March 2, 2021

 

This Terms and Conditions of Use Agreement (the “Agreement”) is between you and CDP Fitness LLC (“CDP Fitness”). The CDP Fitness brand is comprised of a website, associated widgets, livestreams, social media platforms, mobile applications and other distribution platforms (the “Sites”) operated by CDP Fitness.

 

ACCEPTANCE OF TERMS:  The Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Sites and Services, as defined below, constitutes your agreement to all such terms, conditions, and notices.

The services provided by the Sites (the “Services”) are made available for your personal, non-commercial use only.

 

PRODUCTS AND SERVICES: CDP Fitness offers streaming online workouts (group fitness and individual sessions) that are both live and pre-recorded (individually and collectively, the “Workouts”), and can be accessed via your paid membership portal. The Workouts may be purchased individually, in packages, or as a monthly subscription. CDP Fitness also sells fitness-related e-books and programs.

 

USE OF THE SERVICE: You understand that physical exercise can be strenuous and can expose you to the risk of serious injury. We urge you to obtain a physical examination from a doctor before participating in any exercise activity. You voluntarily assume any and all risks, known or unknown, associated with your use of the Service (collectively “Your Participation”). You acknowledge that Your Participation may present certain risks, and hereby assume any and all risks associated therewith, including, without limitation, the risk of physical or mental or emotional injury, minor and/or severe bodily harm, and/or illness, which arise by any means, including, without limitation: acts, omissions, recommendations or advice given by the Released Parties (defined below).

 

You also understand and agree that the Services offered do not guarantee business results. We advise you to seek professional advice – legal, financial, and otherwise – before applying the information you seek and gain from CDP Fitness.

 

Notwithstanding the foregoing, you hereby agree to voluntarily accept and assume any and all such risks as well as any risks not mentioned herein that are in anyway associated with Your Participation, including those described in the Liability Waiver, Agreement to Participate and Assumption of Risk. You agree that by participating in physical exercise or training activities, you do so entirely at your own risk.

 

PAYMENTS: Payments made on the Sites are processed by Acuity and third-party payment processors like Wix payment and PayPal. You may choose to a store credit card on file within your Acuity account for: (1) incidental charges relating to your use of the Sites, (2) ease of transaction, and/or (3) auto-debit memberships (monthly on-demand) which do require a credit card on file. In such event that an incidental charge needs to be made, the cardholder and account holder gives permission to CDP Fitness to charge the card on file for purchases made through the Site. Additionally, the cardholder and account holder may give permission to CDP Fitness to charge the card for auto-debit memberships.

 

AUTO-DEBIT: By enrolling in an auto-debit contract via a monthly on-demand purchase, you authorize CDP Fitness to, on a recurring basis, automatically charge the debit or credit card account you specified, for the auto-debit plan associated with your account, on the billing due date. You understand and acknowledge that (1) CDP Fitness will initiate transfers/charges pursuant to this authorization not to exceed the amount shown on the billing invoice and/or in connection with cancellation fees per the cancellation policy. CDP Fitness may discontinue processing of recurring charges if it is unable to secure funds from your debit/card due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information provided; (2) if you are booked for a session past the subsequent billing date, and your debit/credit card fails to bill properly, that you may be removed from any sessions past the subsequent billing date and notified via electronic mail; (3) it is your responsibility to keep a current card on file with accurate billing information. CDP Fitness cannot be held responsible for errors in processing due to expired or inaccurate information.

 

CANCELLATION POLICY; REFUND OF PURCHASES, EXPIRATION: Due to the nature of the offerings, no cancellations or refunds will be given for any Workout, or any other Service or offering on the Sites unless explicitly indicated that there is a refund policy. In this instance, the refund policy will be clearly stated when purchasing.

 

If you have an individual private session booked with a CDP Fitness instructor, there is a strict 2-hour cancellation policy for all individual private sessions. If you cancel within a 2-hour window, or do not show up for your scheduled session, you will be charged the full amount for your session, or forfeit a class if you have a package.

 

If you have a monthly unlimited subscription and chose to cancel, you must cancel your subscription through your account before the next month’s billing date (the same calendar day as your original date of purchase). In the event you have any remaining classes or sessions in your account at the time of cancellation, they will be rolled over to the next month for your use. 

 

Individual private sessions do not have an expiration; group classes expire either 6-months or 1-year from the purchase date, depending on the package you purchase. The expiration date is indicated on the product at the time of purchase.

 

DELIVERY OF DIGITAL PRODUCTS AND SERVICES: After making a purchase through CDP Fitness you may access your product in one of two ways. You will receive an email with a link that will direct you to the purchase and allow you to either download and/or access it. For those who purchased a workout, You will have access to videos and class link via your account.

 

RELEASE: You expressly agree to release and discharge the instructor and CDP Fitness and each of their respective parents, subsidiaries, related and affiliated companies, licensees, sponsors, successors, assigns and the directors, officers, employees, agents contractors, partners, shareholders, representatives and members of the foregoing entities or other persons affiliated with the Sites (the “Released Parties”) from all claims or causes of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against the Released Parties for personal injury or property loss.

 

MODIFICATION OF THESE TERMS OF USE: CDP Fitness reserves the right to change the terms, conditions, and notices under which the Sites are offered, including but not limited to the charges associated with the use of the Services.

 

REGISTRATION INFORMATION: The Sites are not directed at children under eighteen years of age. By providing information about yourself to CDP Fitness you are representing that you are eighteen years of age or older, or have a parent/guardian’s approval and supervision, and that you, or your parent/guardian, is of legal age to form a binding contract, and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.

 

You also agree to (1) provide true, accurate, current and complete information about yourself as prompted by the registration form available on our Sites; and (2) maintain and promptly update your information to keep it true, accurate, current and complete.

 

If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CDP Fitness reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time.

 

PASSWORD PROTECTION; NO SHARING OF ACCOUNT INFORMATION: To access certain features of the Sites, You will need a username and password. You agree to keep this information confidential and not share it with anyone else. If CDP Fitness has reasonable grounds to suspect that You have shared your username and password with anyone else, or forwarded copyrighted materials such as video recordings, to any other person, CDP Fitness has the right to suspend or terminate Your account and refuse all current or future use of the website, without refund. Further, excessive usage of the Sites will be assumed by CDP Fitness to be fraudulent use, and your account will be immediately canceled without a refund.

 

HOSTING PLATFORM: CDP Fitness is hosted on the Wix platform, which is responsible for all login/account information and payment transactions. In the event of technical issues with your account, CDP Fitness refers you to Wix support. CDP Fitness does not have access to your account details. If you would like more information regarding Wix’s Privacy Policy and Terms of Use, and how they collect and store information, we encourage you to visit their website.

 

LINKS TO THIRD PARTY WEBSITES: The Sites may contain links to other websites (the “Linked Sites”). The Linked Sites are not under the control of CDP Fitness, and CDP Fitness is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. CDP Fitness is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CDP Fitness of the site or any association with its operators.

 

NO UNLAWFUL OR PROHIBITED USE: As a condition of your use of the Sites, you warrant to CDP Fitness that you will not use the Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Sites in any manner that could damage, disable, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites. You may not send automated queries of any sort to the Sites without express permission in advance from CDP Fitness. Similarly, you are not allowed to copy, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of, or modify the Sites in any manner.

 

COPYRIGHTED CONSENT: The Sites contain copyrighted material owned by CDP Fitness and protected under United States copyright laws, including the Copyright Act of 1976. Any reproduction or unauthorized use shall constitute infringement. Duplicating, recording, modifying, republishing, uploading, posting, distributing, or otherwise sharing materials or information obtained through the Sites is considered stealing and CDP Fitness may prosecute such misconduct to the fullest extent permitted by law.

 

TRADEMARKS, NAMES, LOGOS: All trademarks, names, and logos used on the Sites or delivered via the Services are either owned by CDP Fitness or a use right has been granted to CDP Fitness. Your use of the Services and Sites does not allow you to infringe those rights or the rights of the third parties that may exist in material contained in the Sites. No license is expressly impliedly granted within or as a result of your use of the Sites or Services. Without the prior permission of CDP Fitness, except in the utilization of our widgets or mobile applications, you agree not to display or use in any manner, any of the trademarks, names, and logo featured on the Sites for which you do not have personal rights.

 

MATERIALS PROVIDED TO CDP FITNESS OR POSTED ON THE SITES: CDP Fitness does not claim ownership of the materials you provide to CDP Fitness (including feedback, comments, and suggestions) or post, upload, input or submit to the Sites or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting CDP Fitness permission to use your Submission in connection with the operation of their business including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

 

No compensation will be paid with respect to the use of your Submission, as provided herein. CDP Fitness is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at the sole discretion of CDP Fitness.

 

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

 

LIABILITY OF DISCLAIMER: THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CDP FITNESS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITES AT ANY TIME.

 

CDP FITNESS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. CDP FITNESS DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF CDP FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CDP FITNESS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANYWAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, WITH THE DELAY OR INABILITY TO USE THE SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CDP FITNESS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.

 

TERMINATION AND ACCESS RESTRICTION: CDP Fitness reserves the right, in its sole discretion, to terminate your access to the Sites and the related services or any portion thereof at any time, without notice.

 

PRIVACY POLICY: CDP Fitness respects your privacy and permits you to control certain aspects of the treatment of your personal information as set forth in our Privacy Policy. The Privacy Policy is expressly incorporated into this Agreement by this reference

 

GENERAL: To the maximum extent permitted by law, this agreement is governed by the Laws of the State of Maryland, United States, and you hereby consent to the exclusive jurisdiction and venue of courts in Plymouth County, Maryland, United States. In all disputes arising out of or relating to the use of the Sites. All claims and disputes arising under or relating to this Agreement are to be settled by arbitration in the State of Maryland, County of Plymouth, before one arbitrator. This arbitration shall proceed solely on an individual basis without the right for any Claims to be arbitrated on a class-action basis or in a purported representative capacity on behalf of others. Claims may not be joined or consolidated unless agreed to in writing by all parties. The arbitration shall be administered under the rules of the American Arbitration Association and shall include a written record of the arbitration hearing. The arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. Judgment on the Award may be entered in the State of Maryland, in the County of Plymouth.

 

Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of this Terms and Conditions of Use Agreement, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and CDP Fitness as a result of this agreement or use of the Sites. CDP Fitness performance of this Agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CDP Fitness right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by CDP Fitness with respect to such use.

 

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 the agreement shall continue in effect.

 

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and CDP Fitness with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and CDP Fitness with respect to the Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

 

This Agreement and your agreement to it and to use of the Sites and Services are for the benefit of CDP Fitness and its affiliates, successors or assigns.

 

CONTACT:

Colleen Dalton-Petillo

info@cdpfitness.com

www.cdpfitness.com

LIABILITY WAIVER, AGREEMENT TO PARTICIPATE and ASSUMPTION OF RISK

 

By attending training sessions both online and in-person, classes, events, activities, and other programs (the “Session”) and using premises, facilities and equipment (the “Studio”) rented, owned, or operated whether in-person or a virtual setting, by CDP Fitness (“CDP Fitness”), you acknowledge on behalf of yourself, your heirs, representatives and/or assigns, that there are certain inherent risks associated with the Sessions and Studio.

You understand and are aware that strength, flexibility and aerobic exercise, including the use of equipment, are potentially hazardous activities, more so if in an online or remote training environment. You also understand that fitness activities involve the risk of injury, and that you are voluntarily participating in these activities, and using equipment and machinery, knowing the dangers involved. You agree to assume full responsibility for any and all injuries which are sustained or aggravated by you in relation to the Sessions regardless if you are training remote or in-person, with or without an instructor present and supervising.

At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by a CDP Fitness instructor, regardless if the instructor is present or if you are receiving instruction online via virtual training or live-streaming. You will use all reasonable efforts to ensure your physical safety. You understand that equipment used in fitness instruction can be dangerous if used improperly. You also understand and agree that CDP Fitness is not responsible for any injury sustained due to defects, damages, or lack of maintenance in your individually owned equipment, or equipment used not while under in-person direction from CDP Fitness.

You declare yourself to be physically sound enough to participate in a Session with CDP Fitness. You do not suffer from a condition, impairment, disease, infirmity or other illness that would prevent your participation, or use of equipment, except as noted by a CDP Fitness agent; in this instance your Session will be modified accordingly. You will notify CDP Fitness immediately of any change in medical condition, including pregnancy. You acknowledge and understand that if you are pre/post-natal, you increase the risk to yourself and, if applicable, your unborn child. In participating in a Session, you assume all associated risks to yourself, and if applicable, your unborn child. If you are pre/post-natal you have permission from your physician to participate in a pre/post-natal exercise program.

You agree that if you experience any symptoms such as shortness of breath, chest pain, unusual fatigue, dizziness or fainting, or extreme pain, whether or not you are under direct supervision of a trainer or instructor, you will immediately stop exercising and inform a representative of CDP Fitness of your symptoms. You authorize any representative of CDP Fitness to obtain emergency medical treatment for you, including transportation to a hospital, urgent care, or other medical facility.

 

You understand that you are the intended recipient of a Session, which, in some instances may include videos or other digital training materials. You agree that access to such training material is for your use only. You will not upload any videos or materials provided by CDP Fitness to any online forum such as a personal website, YouTube, or social media. You also agree to not video any part of CDP Fitness’s material or Sessions without express written consent and to not share, copy, video, summarize, or reproduce in any way the materials received as they are protected under the United States copyright laws, including the U.S. Copyright Act of 1976. You grant CDP Fitness, its representatives, employees, and agents the right to take photographs and video footage of you, including videoing an entire Sessions, to be used for any lawful purpose.

 

In consideration of being allowed to participate in and access the Sessions and Studio, you release, indemnify, and hold harmless CDP Fitness, its direct and indirect parent, subsidiary, affiliates and entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Sessions, use of the Studio (including ingress and egress to the hosting space), or training with CDP Fitness in any way.

 

 

Print Name: _______________________________________       Signature:  ___________________________

                                                                                     

Date:  __________________________________