1. Your Relationship with JM FITNESS LLC

1.1 Your use of JM Fitness LLC’s products, software, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by JM Fitness LLC under a separate written agreement) is subject to the terms of a legal agreement between you and JM Fitness LLC. “JM Fitness” means JM Fitness LLC. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing with JM Fitness LLC, your agreement with JM Fitness LLC will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.
1.3 Your agreement with JM Fitness will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and JM Fitness LLC in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.

2. Accepting the Terms

2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) Clicking to accept or agree to the Terms, where this option is made available to you by JM Fitness LLC in the user interface for any Service; or
(B) By actually using the Services. In this case, you understand and agree that JM Fitness LLC will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with JM Fitness LLC, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
2.4 USER / PARTICIPANT ACKNOWLEDGMENT AND ASSUMPTION OF RISK AND FULL RELEASE FROM LIABILITY to JM Fitness LLC. PARTICIPANT ACKNOWLEDGES THESE PHYSICAL ACTIVITIES INVOLVES THE INHERENT RISK OF PHYSICAL INJURIES OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, HEART ATTACKS, MUSCLE STRAINS, PULLS OR TEARS, BROKEN BONES, SHIN SPLINTS, HEART PROSTRATION, KNEE/LOWER BACK/FOOT INJURIES AND ANY OTHER ILLNESS, SORENESS, OR INJURY HOWEVER CAUSED, OCCURRING DURING OR AFTER PARTICIPANT PARTICIPATION IN THE PHYSICAL ACTIVITIES. USESR/PARTICIPANT FURTHER ACKNOWLEDGES THAT SUCH RISKS INCLUDE, BUT AR NOT LIMITED TO, INJURIES CAUSED BY THE NEGLIGENCE OF AN INSTRUCTOR OR OTHER PERSON, DEFECTIVE OR IMPROPERLY USED EQUIPMENT, OVER-EXERTION OF A USER/PARTICIPANT, SLIP AND FALL BY USER/PARTICIPANT, OR AN UNKNOWN HEALTH PROBLEM OF . USER/PARTICIPANT AGREES TO ASSUME ALL RISK AND RESPONSIBILITY INVOLVED WITH PARTICIPATION IN THE PHYSICAL ACTIVITIES, USER/PARTICIPANT AFFIRMS THAT HE/SHE IS IN GOOD PHYSICAL CONDITION AND DOES NOT SUFFER FROM ANY DISABILITY THAT WOULD PREVENT OR LIMIT PARTICIPATION IN THE PHYSICAL ACTIVITIES. USER/PARTICIPANT ACKNOWLEDGES PARTICIPATION WILL BE PHYSICALLY AND MENTALLY CHALLENGING, AND USER/PARTICIPANT AGREES THAT IT IS THE RESPONSIBILITY OF USER/PARTICIPANT TO SEEK COMPETENT MEDICAL OR OTHER PROFESSIONAL ADVICE, REGARDING ANY CONCERNS OR QUESTIONS INVOLVED WITH THE ABILITY OF PARTICIPANT TO TAKE PART IN ANY ACTIVITY. BY AGREEING TO THIS AGREEMENT, USER / PARTICIPANT ASSERT THAT HE OR SHE IS CAPABLE OF PARTICIPATING IN THE PHYSICAL ACTIVITIES. USER/PARTICIPANT AGREES TO ASSUME ALL RISK AND RESPONSIBILITY FOR NOT EXCEEDING HIS OR HER OWN PHYSICAL LIMITS.
2.5 Before you continue, you should print off or save a local copy of the Universal Terms for your records.

 

3. Language of the Terms

3.1 Note that the English language versions of the Terms will govern your relationship with JM Fitness LLC.

 

4. Provision of the Services by JM FITNESS LLC

4.1 JM Fitness LLC has subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates”). Sometimes, these companies will be providing the Services to you on behalf of JM Fitness itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
4.2 JM Fitness LLC is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which JM Fitness LLC provides may change from time to time without prior notice to you.
4.3 As part of this continuing innovation, you acknowledge and agree that JM Fitness LLC may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at JM Fitness LLC’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform JM Fitness LLC when you stop using the Services.
4.4 You acknowledge and agree that if JM Fitness LLC disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

5. Use of the Services by you

5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to JM Fitness LLC will always be accurate, correct and up to date.
5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by JM Fitness LLC, unless you have been specifically allowed to do so in a separate agreement with JM Fitness LLC. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5.5 Unless you have been specifically permitted to do so in a separate agreement with JM Fitness LLC, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5.6 You agree that you are solely responsible for (and that JM Fitness LLC has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which JM Fitness LLC may suffer) of any such breach.

 

6. Your passwords and account security

6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible to JM Fitness LLC for all activities that occur under your account.
6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify JM Fitness LLC immediately by emailing jmfitnessfbbc@gmail.com .

 

7. EXCLUSION OF WARRANTIES

 

7.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS, SHALL EXCLUDE OR LIMIT JM Fitness LLC’s WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILLS IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
7.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
7.3 IN PARTICULAR, JM Fitness LLC’s, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
7.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
7.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JM FITNESS LLC OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
7.6 JM FITNESS LLC FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

8. LIMITATION OF LIABILITY

8.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 7.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT JM FITNESS LLC, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH JM FITNESS LLC MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE JM FITNESS LLC WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
(C) OR AS STATED ABOVE IN SECTION 2.4
8.2 THE LIMITATIONS ON JM FITNESS LLC’S LIABILITY TO YOU IN PARAGRAPH 8.1 ABOVE SHALL APPLY WHETHER OR NOT JM FITNESS LLC HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

 

9. Advertisements

9.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
9.2 The manner, mode and extent of advertising by JM FITNESS LLC on the Services are subject to change without specific notice to you.
9.3 In consideration for JM FITNESS LLC granting you access to and use of the Services, you agree that JM FITNESS LLC may place such advertising on the Services.

10. Other content

10.1 The Services may include hyperlinks to other web sites or content or resources. JM FITNESS LLC may have no control over any web sites or resources which are provided by companies or persons other than JM FITNESS LLC.
10.2 You acknowledge and agree that JM FITNESS LLC is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
10.3 You acknowledge and agree that JM FITNESS LLC is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

Liability Release - In consideration of permission to use, today and on all future dates, the property, facilities, and services of JM Fitness LLC / and to participate in weight training, cardiovascular training, and other physical activities, Client, on behalf of himself or herself, his or her heirs, personal representatives, and assigns, does hereby release, waive, and discharge JM Fitness LLC, its parent corporation, Fit Body Boot Camp, both entities’ employees, helpers, volunteers, independent contractors, officers and agents (collectively, the “Released Parties”) from liability from any and all claims arising from Client’s own negligence, the negligence of others, or the Released Parties’ negligence originating from Client’s participation in this program. This Agreement applies to: 1) personal injury (including death) from accidents or illnesses arising from the participation in physical activities including, but not limited to, organized activities, classes, observation, and individual use of facilities, premises, or equipment; and 2) any and all claims resulting from the damage to, loss of, or theft of property. Client certifies that he or she knows of no medical problem (except those noted herein) that would increase his or her risk of illness and injury as a result of participating in a physical training program. Client understands that he or she has been advised to consult a physician prior to commencement of a physical training program to ensure his or her state of wellness to participate in such strenuous activities. Client agrees to indemnify and hold the Released Parties harmless for any loss caused by Client for which the Released Parties are held liable including attorney’s fees and arbitration costs. I hereby grant JM Fitness LLC. permission to interview me and/or to use my likeness in photograph(s)/video in any and all of its publications and in any and all other media, whether now known or hereafter existing, controlled by JM Fitness LLC., in perpetuity, and for other use by JM Fitness LLC. I will make no monetary or other claim against JM Fitness LLC. for the use of the photograph(s)/video. BY CLICKING THE CHECK BOX OR BY TYPING "YES", YOU AGREE TO THE TERMS ABOVE.