Terms & Conditions

Phit-N-Phat Personal Training, LLC
Website Terms and Conditions of Use with Disclosures and Disclaimers

By visiting and using the websites, www.nobsweightloss.com, pnptribe.com, phit-n-phat.com, nobswomen.com, losing100podcast.com, theweightlossuniversity.com, joinnobs.com, nobs.club, or any other domain operated by Phit-N-Phat Personal Training, LLC (“Websites”), you agree that you have read, understood, and agree to the following Terms and Conditions of Use (“TOU”) owned by Phit-N-Phat Personal Training, LLC (“PNP).

1. Intellectual Property

The Websites include materials protected by intellectual property laws, including without limitation written text, logos, photos, videos, music, art, designs and/or graphics.

You are granted a non-exclusive, non-transferable, revocable license to access and use the Websites and the resources available on the Websites in accordance with these TOU. You agree that you will not use the Websites or any of the resources available on the Websites for any purpose that is unlawful or prohibited by these TOU.

You may view, download, print, email and use materials from the Websites for personal, noncommercial purposes only. This means you may view, download, print, email and use one copy of the free downloadable resources available on the website for your personal purposes or your own business purposes only.

You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any material from the Websites for commercial purposes or in any way that earns you or any third-party money (other than by applying them generally in your own business.) Any reproduction, scraping, republishing or unauthorized use of any materials or content found on the Websites shall constitute infringement.

2. Visitor Comments and Posts

If you submit, comment or post any materials (such as photos, videos or written content) to the Websites, you represent and warrant that: (1) you are at least thirteen (13) years old; (2) you are the owner of or have permission to share such materials; (3) you grant PNP a perpetual, royalty-free, worldwide non-exclusive license to use, copy, reproduce, publish, distribute, display and publicly perform those materials, in whole or part, in any manner or medium, now known or hereafter developed, for any purpose, including commercial purposes and advertising; (4) you grant PNP a perpetual, royalty-free, worldwide non-exclusive license and release to use your name and likeness in connection with such materials for any purposes, including commercial purposes and advertising. PNP does not claim any ownership rights in your materials.

Please choose carefully the materials that you upload to, submit to, or embed on the Websites. Any material you post on the Websites becomes public. You are responsible for your material and for any liability that may result from the material you post on the Websites. You participate, comment, and post material on the Websites at your own risk. Any communication by you on the Websites, whether by leaving a comment or participating in a chat room, message board, public forum, chat bot, contact submission form or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.

PNP, in its discretion, may delete or modify, in whole or part, any post, comment or submission to the Websites. PNP does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. PNP neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Websites. PNP shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Websites.

3. Visitor Behavior on the Websites

You are strictly forbidden from the following:

• Causing damage to the Websites
• Using the Websites for any unlawful, illegal, fraudulent or harmful purpose or activity
• Using the Websites to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
• Using the Websites to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes
• Systematically or automatically collecting data from the Websites
• Sharing private and proprietary information from online courses with anyone else

PNP may, without notice, refuse access to the Websites, in whole or part, to any person that fails to comply with these TOU.

4. DISCLAIMERS

The Websites provide information only, and do not provide any financial, legal, medical or psychological services or advice. None of the content on the Websites prevents, cures or treats any mental or medical condition. You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions and results. PNP disclaims any liability for your reliance on any opinions or advice contained in the Websites.

The Websites are not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional. You should consult with a professional if you have specific questions about your own unique situation.

PNP may demonstrate certain physical exercises. You understand that physical activity and exercise are inherently risky and dangerous activities. Inherent risks are risks that cannot be eliminated completely regardless of the care and precautions taken by PNP. You acknowledge PNP and its owners, agents, employees, and contractors may not be a trained or certified exercise instructor or personal trainer.

5. IMPORTANT EARNINGS DISCLAIMER - NO GUARANTEE OF RESULTS OR EARNINGS

You agree that PNP has not made and does not make any specific representations about the earnings or results you may receive. PNP cannot and does not guarantee that you will achieve any particular result or earnings from your use of the Websites, and you understand that results and earnings differ for each individual.

6. SMS Messaging

If you provide your mobile number and opt-in to receive SMS messages from PNP, you are consenting to receive period communications from PNP via text messages or other messaging platforms. You are not required to provide your mobile number as a condition of your purchase. Message and data rate may apply. Message frequency will vary. You may opt-out of receiving SMS messages from PNP at any time through your member dashboard or by replying “STOP.” Details on PNP’s collection, use and handing of your personal information can be found in our Privacy Policy.

7. Links to Third-Party Products, Services, or Sites

Any links to third-party products, services, or sites are subject to separate terms and conditions. PNP is not responsible for or liable for any content on or actions taken by such third-party company or website. Although PNP may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.

8. No Warranty

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THESE WEBSITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PNP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PNP DOES NOT WARRANT THAT THESE WEBSITES OR ANY OF THEIR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THESE WEBSITES, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

PNP SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITES, INCLUDING THEIR MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE WEBSITES.

9. General Terms

These TOU shall be governed by and construed in accordance with the laws of the State of Tennessee, without giving effect to its conflict of laws. The nearest state and federal court to Nashville, Tennessee shall have exclusive jurisdiction over any case or controversy arising from or relating to the Websites, including but not limited to the Privacy Policy or these TOU. By using the Websites, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens.

If any provision of these TOU is held invalid or unenforceable, the remainder of these TOU will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision. The prevailing party in any dispute between the parties arising out of or related to these TOU, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.

This is the entire agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations.

PNP may change, modify or update these TOU at any time without notice. Any access or use of these Websites by you after PNP posts such changes shall constitute consent of such modifications. If you have any questions or concerns about these TOU, contact [email protected].

PNP controls and operates the Websites from offices in the United States. PNP does not represent that materials on the Websites are appropriate or available for use in other locations. People who choose to access the Websites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

10. Disclosure of Relationships.

The Websites are written and edited by PNP. Any content, advertising space or posts will be clearly identified as paid or sponsored content.

Any product claim, statistic, quote or other representation about a product or service may have been provided to PNP by a third party and you should verify it with the manufacturer, provider or party in question before relying on it.

This site participates in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com. As an Amazon Associate I earn from qualifying purchases.

Updated on July 25, 2023

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PHIT-N-PHAT PERSONAL TRAINING LLC
PROGRAM TERMS AND CONDITIONS OF USE

Please read these Terms and Conditions of Use (“TOU”) carefully. You must agree to these TOU and the Phit-N-Phat Personal Training, LLC (“PNP”) Rules and Regulations (see https://www.pnptribe.com/rules-and-regulations/) before you are permitted to use any PNP digital or downloadable resources, online course, one-on-one or group coaching, class, program, workshop, or training, participate in any PNP challenges, events or camps, or enter any online private forums or community, including Slack or Facebook groups, operated by PNP (for any purpose), whether on a website hosted by PNP, including PNPTribe.com, Phit-n-Phat.com, nobswomen.com and nobsbusinessmembership.com, or a third-party website such as an online course platform or facebook.com, whether now known or unknown (collectively “the Program”).

If you do not agree with these TOU, you may not use the Program.

As used in these TOU, the term “Releasees” is defined to include the following: (i) Phit-N-Phat Personal Training, LLC, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors and assigns (collectively “the Company”); (ii) any Company volunteers; and (iii) April Corinne Crabtree; and (iv) John Christopher Crabtree.

1. Program and Participants

As part of the Program, you will receive the services outlined on the web page where you register.

The Program is intended for individuals who currently identify as women or who were raised and socialized as women. If you have any questions about whether or not the Program is for you, please email [email protected].

If you wish to participate in another session of the Program in the future or purchase any other products, programs or services from the Company, all terms of these TOU will continue to apply unless superseded by another agreement in writing.

This Program is intended and only suitable for individuals aged eighteen (18) and above. Some of the content in this Program may not be appropriate for children. Children under the age of eighteen (18) are not permitted to use the Program. Company hereby disclaims all liability for use by individuals under the age of eighteen (18).

2. Payment

You agree to the fees and payment schedule selected at checkout.

Upon registering for the Program, your joining fee will be due immediately. Recurring monthly payments will be automatically charged to your card every thirty (30) days until you cancel. You can cancel at any time before the next month’s payment is charged, as outlined below in the Termination or Cancellation section of these TOU. In the event you do cancel, default or late payments will be due immediately.

If paying by debit card or credit card, you give the Company permission to automatically charge your credit or debit card for all fees and charges due and payable to the Company, without any additional authorization. You also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).

If payment is not received when due, the Company reserves the right to terminate your access to the Program and all Content, as defined below in the Intellectual Property Rights section of these TOU, immediately and permanently. The Company will provide notice of the failed or missing payment to the e-mail address you provide for your account.

If you fail to make any payment in a timely manner or voluntarily withdraw from the Program at any time or for any reason, you will remain fully responsible for the full cost of the Program and all payments in any payment plan you have chosen. The Company reserves the right to charge a late fee on all balances more than thirty (30) days overdue. You agree to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.

3. Refunds

Your satisfaction with the Program is important to the Company. However, because of the extensive time, effort, preparation and care that goes into creating and providing the Program, the Company has a no refund policy. Unless otherwise provided by law, you acknowledge that the Company does not offer refunds for any portion of your payment for any portion of the Program and no refunds will be provided to you at any time. By using and/or purchasing the Program, you understand and agree that all sales are final, and no refunds will be provided.

Company reserves the right, in its sole discretion, to determine how to discipline a participant who violates these TOU. Therefore, if a participant disagrees with how the Company disciplines another participant and requests a refund, the Company will deny such request.

Furthermore, if a participant violates these TOU, the Company reserves the right, in its sole discretion, to offer the participant another opportunity to abide by these TOU. If a participant disagrees with the Company offering another participant a second opportunity to follow these TOU, no grounds for a participant to receive a refund would be created, and any request for a refund on this basis shall be denied.

If, in the Company’s sole right and discretion, you persist with behaviors or actions that violate these TOU, the Company may terminate your access and participation in the Program without notice and without refund.

The Company may offer additional Program elements for a subgroup of participants, as further discussed in the Your Conduct section of these TOU. The Company reserves the right, in its sole discretion, to offer participation in these additional Program elements to specific participants. If a participant is denied enrollment in these additional Program elements, no grounds for a participant to receive a refund would be created and any request for a refund on this basis will be denied.

Since the Company has a clear and explicit refund policy in these TOU that you have agreed to prior to completing the purchase of the Program, the Company does not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. If a chargeback is placed on a purchase or the Company receives a chargeback threat during or after your purchase, the Company reserves the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

4. Intellectual Property Rights

a. Ownership of the Content

The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, spreadsheets, online tools or calculators, data, databases and all other information and intellectual property accessible on or through the Company website, any third-party website the Company may use to distribute or host the Program, and contained in e-mails sent to you by the Company, as well as the look and feel of all of the foregoing (“the Content”) is property of the Company and/or the Company’s affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.

b. The Company’s Limited License to You

If you view, purchase or access any Program or any of the Content, you will be considered the Company’s Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.

This means you may view, download, print, email and use individual pages of the Program and Content for your own personal, non-business purposes only.

You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any material from the Program or Content for commercial purposes or in any way that earns you or any third-party money, other than by using it in your own business. By downloading, printing, or otherwise using the Program or Content for personal use you in no way assume any ownership rights of the Content – it is still Company property. Any reproduction or unauthorized use of any materials found in the Program or Content shall constitute infringement.

You must receive the Company’s written permission before using any of the Program or Content for your own commercial use or before sharing with others.

The trademarks and logos displayed on the Program or Content are trademarks belonging to the Company, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without the Company’s written permission.

All rights not expressly granted in these TOU or any express written license, are reserved by the Company.

c. Unauthorized Use

Your use of any materials found in the Program or Content other than that expressly authorized in this TOU or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages in the amount of four hundred and fifty thousand dollars ($450,000.00) in the event of your Unauthorized Use, in addition to all legal, monetary and equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge, which is intended to reasonably compensate the Company for the Unauthorized Use.

You agree that any violation or threatened violation of the Intellectual Property Rights terms in these TOU would cause irreparable injury to the Company that may not be adequately compensated by damages, entitling the Company to obtain injunctive relief, without bond, in addition to all legal remedies.

d. Your License to the Company; Use in Testimonials and Marketing.

By posting or submitting any material during the Program such as comments, posts, photos, designs, graphics, images or videos or other contributions, you are representing to the Company that you are the owner of all such materials, and you are at least eighteen (18) years old. You are also granting the Company, and anyone authorized by the Company, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting the Company the right to make it part of the Company’s current or future Program and Content. This right includes granting the Company proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by the Company to you.

You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by the Company during the Program that may contain you, your voice and/or your likeness. In the Company’s sole discretion, the Company reserves the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to the Company or created by the Company in connection with your participation in any Program, without compensation to you at any time, now or at any time in the future.

You also grant the Company, and anyone authorized by the Company, the right to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or the Company, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that the Company has the right but not the obligation to use any contributions from you and that the Company may elect to cease the use of any such contributions in the Program or in the Content at any time for any reason.

This means you give the Company permission to use anything you submit or post in the Program or any third-party forum or website operated by the Company, or anything captured by the Company during your participation in the Program, including images in which your face is visible and recognizable.

e. Request for Permission to Use the Content

If you wish to use any of the Content, or any other intellectual property or property belonging to the Company, you should request permission in writing BEFORE you use the Content by completing the “Contact Us” form on PNPTribe.com & Phit-n-Phat.com, or by sending an e-mail to [email protected].

If you are granted permission by the Company, you agree to use the specific Content that the Company allows and only in the ways for which the Company has given you its written permission. If you choose to use the Content in ways that the Company does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from the Company, and you consent to immediately stop using such Content and to take whatever actions as the Company may request and by the methods and in the time frame that the Company prescribes to protect its intellectual property and ownership rights in the Program and Content.

5. Coach-Client Relationship

The coaching relationship is co-creative, meaning that the coaches and you are equal partners in any coaching session. Coaching is designed to help you change the way you think, which will affect your feelings, which will affect your actions, which will ultimately affect your results. Coaches cannot, and do not, guarantee particular results.

a. Your Coaches’ Responsibilities

i. Your coaches are trained to use communication skills and coaching tools to support you as an equal partner throughout the coaching process.

ii.Your coaches will provide individual guidance based on information provided to the coaches.

iii.Your coaches will answer questions through whatever forum your Program provides, such as via the Company’s website, a social media forum, live event, private message or live coaching call.

iv.During your coaching experience, your coaches will provide a supportive and encouraging environment--one in which you can relax and explore your potential.

v.Your coaches will not be acting in any capacity as a medical doctor, attorney, financial or tax advisor, or other licensed professional at any time.

b. Your Responsibilities

i.You agree to complete all tasks assigned during the Program, including but not limited to watching or listening to videos, completing worksheets and attending coaching sessions.

ii.You understand that coaching works when you do the work, and you agree to take ownership for your progress and accomplishments.

iii.You agree to show up for yourself not only during your coaching sessions, but also in between coaching sessions (this is where you apply what you learn).

iv.You agree that you are completely responsible for your physical, psychological and financial wellbeing – during, after, and between sessions.

v.You agree that you are the expert in your own life and are fully responsible for any choices and decisions you make during the coaching process and in applying what you have learned in the Program to your own life.

vi.You acknowledge that you are under the care of a physician and healthy enough to engage in coaching.

vii.You agree that your relationship with the Company is that of a coach-client relationship and that no doctor-patient, attorney-client, accountant-client, or other professional relationship has been established.

viii.You agree that the coaching is not to be used as a substitute for professional advice of any kind, including medical, psychological, legal, financial, tax or other qualified professional help and you agree to seek professional guidance for such matters, should they arise, independent of the coaching relationship.

6. Session Procedures for Private Coaching

One-on-one, private coaching may be available with PNP coaches for an additional fee.

If available, following completion of the client questionnaire, you will be assigned a coach. You have the opportunity to request a specific coach on the questionnaire; however, PNP does not guarantee the availability of coaches. PNP and PNP coaches retain the right to reassign coaching assignments or terminate the coaching relationship at any time, in their sole discretion.

Cancellation requests made less than twenty-four (24) hours prior to your scheduled session will result in the forfeit of the coaching session that was reserved for you. All requests to cancel or reschedule a session must be submitted to [email protected].

7. Your Conduct

The Program is a “pitch free zone.” You agree you will not pitch, promote, market, or sell any other products, services, groups, programs, or events to Program participants on any Company website or third-party forums operated by the Company, whether or not officially sanctioned, owned, or operated by the Company. This means you agree not to form, or ask Program participants to join, “shadow” groups on social media or any other platform, or in-person meetups, based on interests or locality. You agree you will not invite Program participants to take part in events, such as a meetup, race, seminar, or athletic competition, without first receiving approval from the Company. You agree not to market, promote, or sell products or services such as essential oils, exercise DVDs, nutritional supplements, coaching services, financial tools, software, or other products or services to Program participants, unless you are authorized or requested to do so by the Company.

Please choose carefully the materials that you upload to, submit to, or embed on any website operated by the Company and any third-party forums operated by the Company. Any material you post on the Company’s websites or in any third-party forums operated by the Company may become public.

You are responsible for your material and for any liability that may result from the material you post. You participate, comment, and post material at your own risk. Any communication by you on the Company’s websites and any third-party forums operated by the Company, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.

The Company expects its participants to be kind and respectful to other participants at all times. You are strictly forbidden from the following:

• Harassing, fighting with, or being disrespectful to other participants
• Engaging or initiating conversations in any group sessions, on any Company websites or third-party forums operated by the Company that relate to religion, politics, or otherwise providing opinions on current events
• Causing damage to any Company website or third-party forums operated by the Company
• Using any Company website or third-party forums operated by the Company for any unlawful, illegal, fraudulent or harmful purpose or activity
• Using any Company website or third-party forums operated by the Company to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
• Using any Company website or third-party forums operated by the Company to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes
• Systematically or automatically collecting data from any Company website or third-party forums operated by the Company
• Using any Company website or private membership forum or third-party forums operated by Company, to take pictures and/or screenshots of comments, posts, pictures, materials or any other content posted and/or shared by Company and/or participants without receiving their advance permission
• Sharing any private and proprietary information, screen shots, comments, posts, pictures, materials or any other content posted and/or shared from other participants, with the public or with anyone who is not a participant on or in any Company website, private membership or third-party forums operated by Company.

If, in the Company’s sole discretion, your conduct violates these TOU in any way, you agree that the Company may immediately and permanently terminate your participation in the Program and your access to the Content without refund.

The Company, in its discretion, may delete or modify, in whole or part, any post, comment or submission to the Company’s and any third-party forums operated by the Company. The Company does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. The Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Company website or any third-party forums operated by the Company. The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Company website and any third-party forums operated by the Company.

8. Community Guidelines

The Company has created a community that is a safe and judgment-free space for connection, conversation, learning, and growth. Within the Company’s community is the baseline expectation that all participants will treat one another with respect while bringing encouragement and consideration to all participants.

The Company’s community guidelines are as follows:

a. The Company encourages all participants to connect with one another. The Company does not tolerate nor support any participant’s discriminatory speech, hate speech, comments, or actions against another participant based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels.

b. The Company does its best to create a safe and welcoming space for all participants, however, Company cannot guarantee that all participants will follow these guidelines. Company, in its sole discretion, may remove any participant’s comments, posts, content or materials, however, Company does not have a duty to review all comments, posts, content and material shared within the Program. Therefore, Company shall not be held liable for any participant’s comments, actions, posts, content or materials that result in another participant’s trauma or discomfort.

The Company has created a safe space for all participants to feel seen, respected and heard. Company encourages participants to engage in respectful dialogue with one another. The Company does not support nor tolerate any disrespectful actions or comments, which include, but are not limited to hate speech, discriminatory comments, physical, or mental or emotional abuse. Therefore, each participant must demonstrate respect towards one another.

c. Participants should support each other with words of encouragement, resources or suggestions, while respecting each participant’s boundaries.

d.The Company reserves the right to offer additional Program elements from time to time, for any subgroup of participants. These additional Program elements are a bonus, not a part of the services included in the base membership of the Program. The selection of the participants who may participate in any additional Program elements is at the sole discretion of the Company.

The Company may also post separate rules regarding your behavior in any online community or forum, whether hosted on the Company’s website or a third-party website, which may be updated from time to time. You agree that you are bound by those rules, and they are expressly incorporated into these TOU.

9. Confidentiality

The Company is not legally bound to keep your information confidential. You acknowledge that your communications with the Company are not covered by any privilege.

You may use a screen name or pseudonym instead of your actual name for your participation in the Program and public posts on the Company website and in third-party forums operated by the Company.

You agree that the Company shall not be liable for the disclosure of any of your information by another Program participant. You agree to keep all information you learn about other Program participants, their businesses (including their intellectual property), or clients (as applicable), strictly confidential except in very rare circumstances where disclosure is required by law.

The Company may record coaching calls and share them in the Program, on the Company’s website, on third-party forums operated by the Company or as otherwise determined by the Company in its sole discretion.

You agree you will not share any recorded coaching calls or third-party forum postings outside the private member areas of the Company’s website, or any third-party forums operated by the Company. If the Company discovers you have done so, this will be grounds for immediate termination of your access to the Program and Content.

10. Username and Password

To access certain features of the Program, including any private membership areas, you may need a username and password. It is your responsibility to inform the Company before the Program start date if you do not receive an email containing your password to access the Program. You agree to keep your username and password confidential. During the registration process for any service or product, you agree to provide true, accurate, current and complete information about yourself. If the Company has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material from the Program to any other person, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Program or any Content, in whole or part, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of the Company’s website Privacy Policy.

11. Live or In-Person Events

If you participate in any live or in-person event as part of the Program, you agree to observe and obey all posted rules and warnings, to follow any instructions or directions given by the Company through its employees, representatives or agents, and to abide by any decision of any Company staff or volunteers, or Company vendors or contractors, regarding your ability to safely participate in the Program. You agree to exhibit appropriate behavior at all times and to obey all local, state and federal civil and criminal laws while participating in the Program. This includes, generally, respect for other people, equipment, facilities or property. The Company may, in its sole discretion, dismiss you, without refund, if your behavior endangers the safety of or negatively affects the Program or any person, facility or property.

You consent to medical care and transportation in order to obtain treatment in the event of injury to you as Company, volunteers or medical professionals may deem appropriate. These TOU extend to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury.

If you choose to consume alcoholic beverages during any part of the Program, you must do so responsibly and only if you are over the age of twenty-one (21).

The Company is not responsible for any personal item or property that is lost, damaged or stolen at or during the Program.

12. Termination or Cancellation

The Company reserves the right in its sole discretion to refuse or terminate your access to the Program and Content, in full or in part, at any time without notice. The Company may terminate your participation in the Program at any time, without refund, if you breach any part of these TOU.

If you would like to cancel or terminate your participation in the Program, you must contact the Company via email at [email protected] or by submitting a request through the member website and include the following:

Please cancel my membership.

I understand that by canceling, I will be removed from any online forum and will lose access to all content, but that I am still bound by all ongoing provisions in the Phit-N-Phat Personal Training, LLC Program Terms of Use which I agreed.

Signed,
[ENTER YOUR NAME]

You may cancel at any time. Cancellation or termination does not entitle you to any refund and any remaining, default, or late payments will be due immediately.

In the event of cancellation or termination, your access to the Program, any materials and Content, including any private forums or community, member podcasts, and private coaching, will be immediately terminated by the Company. The restrictions imposed on you in these TOU with respect to the Program and its Content will still apply now and in the future, even after termination by you or the Company.

13. Personal Responsibility, Assumption of Risk, Release, Disclaimers

a.You are voluntarily participating in the Program and assume all risk of injury, illness, damage, or loss to you or your property that might result, whether arising out of the negligence of Releasees or otherwise.

b.You understand that physical activity and exercise are inherently risky and dangerous activities. Inherent risks are risks that cannot be eliminated completely regardless of the care and precautions taken by Releasees. You are fully aware of the risks and hazards inherent in participating in Program and voluntarily, knowingly and freely assume all risks associated with participating in the Program, including, but not limited to, bruising, muscle strains, joint sprains, falls, injuries, illnesses, infections, paralysis and even death. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment (whether owned, operated, or provided to you by Releasees or otherwise), including injuries or damages arising out of the negligence of Releasees, whether active or passive, or any of Releasees’ affiliates, employees, coaches, agents, representatives, successors, and assigns.

c.Your participation in the Program does not establish a doctor-patient, therapist-patient, attorney-client, accountant-client or business advisor-client relationship of any kind between you, the Company, or anyone providing membership services on behalf of the Company.

d.You represent and warrant to Releasees that you are able to safely participate in the Program and have no medical condition that would make your participation in the Program more hazardous. You acknowledge that you have had a physical examination and have been given a physician’s permission to participate, or that you have decided to participate in the Program without the approval of a physician.

e.The Program and Content provide information and education only, and do not provide any financial, legal, medical or psychological services or advice. None of the Program or Content prevents, cures or treats any mental or medical condition. The Program and Content is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional. You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions and results. You should consult with a professional if you have specific questions about your own unique situation. The Company disclaims any liability for your reliance on any opinions or advice contained in the Program. If you have thoughts about harming others or yourself, you should NOT participate in the Program. Instead, you should immediately call 911 and seek appropriate professional help. If the Company is informed of your intention to harm yourself or others, the Company reserves the right to contact the proper authorities and release whatever information the Company possesses to protect the individual(s) at risk

f.You agree that you will not use coaching as a way of diagnosing or treating mental disorders as defined by the American Psychiatric Association. If you are in therapy or under the care of a mental health professional, you will notify and consult with the mental health care provider regarding your decision whether to work with a coach.

g. You acknowledge that, by engaging with the Company for the Program, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your participation in the Program, whether or not caused by the active or passive negligence of the Releasees. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees.

In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to the Company for the Program.

h.Earnings and Results Disclaimer: You agree that Company has not made and does not make any representations about the earnings or results you may receive as a result of your participation in the Program. The Company cannot and does not guarantee that you will achieve any particular result or earnings from your use of the Program, and you understand that results and earnings differ for each individual.

i.Any links to third-party products, services, or sites are subject to separate terms and conditions. The Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Although the Company may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.

j.The Company is not responsible or liable for participants of the Program infringing on another other participant’s intellectual property, content or materials.

k.The Company tries to ensure that the availability and delivery of the Program and Content is uninterrupted and error-free. However, the Company cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, the Company will try to limit the frequency and duration of suspension or restriction.

l.THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE PROGRAM AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE PROGRAM OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE COMPANY’S WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

m.THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PROGRAM, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE PROGRAM.

14. Security

You acknowledge that there is an inherent risk in all forms of electronic communication, and communications between you and the Company may be unlawfully intercepted by third partiesnot under the Company’s control. The Company does not guarantee the security of any information transmitted via the Internet, telephone, video conference, or other electronic media. Any efforts you undertake to communicate with Company are done at your own risk.

15. Legal Disputes

These TOU shall be governed by and construed in accordance with the laws of the State of Tennessee, without giving effect to its conflict of laws principles. The state and federal court nearest to Nashville, Tennessee shall have exclusive jurisdiction over any case or controversy arising from or relating to the Program or Content, including but not limited to the Company’s Privacy Policy or these TOU. By using the Program or Content, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens. The prevailing party in any dispute between the parties arising out of or related to these TOU, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.

16. Users Outside United States

The Company controls and operates the Program from offices in the United States. The Company does not represent that materials on the Program are appropriate or available for use in other locations. People who choose to access the Program from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

17. Indemnification

You agree to defend, indemnify, release, and hold harmless the Company and any directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of the Program or Content in violation of these TOU, (ii) any breach by you of these TOU or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to the Company’s websites or any third-party forum or website operated by the Company, (iv) your use of materials or features available on the Program or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by the Company) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

18. Force Majeure

The Company shall not be deemed in breach of this TOU if the Company is unable to complete or provide all of the Program or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, technical or electrical difficulties, epidemic, pandemic, death, illness or incapacity of the Company or any of its members, employees, contractors, or agents, any local, state, federal, national or international law, governmental order or regulation or any other event beyond Company’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, the Company shall give notice to Client of its inability to perform or of delay in completing or providing the Program and shall propose revisions to the schedule for completion of the Program or other accommodations or may terminate this TOU.

19. General Provisions.

You expressly agree that these TOU are intended to be as broad and inclusive as permitted by the laws of the State of Tennessee, and that if any provision of this TOU is held invalid or unenforceable, the remainder of this TOU will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision.

This is the entire agreement of the parties and reflects a complete understanding of the parties with respect to the subject matter. This TOU supersedes all prior written and oral representations.

The Company may change, modify or update these TOU at any time without notice. Any access or use of the Program or Content by you after the Company posts such changes shall constitute consent to such modifications. If you have any questions or concerns about these TOU, contact [email protected].

Updated on 9/26/23

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