TERMS AND CONDITIONS
BY VISITING WEIRDTRAINERFRIEND.COM YOU ARE CONSENTING TO THESE TERMS AND CONDITIONS (“TERMS AND CONDITIONS” OR “AGREEMENT”). PLEASE READ THIS LEGAL DOCUMENT CAREFULLY.
OVERVIEW
The terms “we,” “us,” and “our” refer to Weird Trainer Friend LLC (“Weird Trainer Friend”). The term the “Site” refers to Weirdtrainerfriend.com. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.
The Site provides services such as blogs, products for sale, in-person training, online training, prefabricated programs, paid videos and downloads, and products and services as updated from time to time (the “Services”).
Use of the Site and the Services, including all materials presented herein and all online Services provided by Weird Trainer Friend, is subject to these Terms and Conditions. These Terms and Conditions apply to all Site visitors, customers, and all other users of the Site. By using the Site or Services, you agree to these Terms and Conditions.
PRICING
With regards to online training sessions, payment for personal training sessions will be available on the applicable payment page and will be due prior to the beginning of each session package. Trainer and client may discuss adjustments of this package and session quantity on an as needed basis. Weird Trainer Friend reserves the right to change pricing and rates. Refunds are not permitted.
CANCELLATION AND REFUND POLICY
Weird Trainer Friend has a strict no refund policy for its Services. Cancellations or reschedule requests for live sessions must be made at least 24 hours in advance or as otherwise stated on the purchase page. Sessions that are not attended, cancelled, or rescheduled will be forfeited.
TRAINING TERMINATION
You must provide Weird Trainer Friend with at least [15] days’ notice of termination. This will equate to giving notice at or prior to the payment of the final session package.
USE OF THE SITE AND SERVICES.
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and within the Services related to fitness training and other information are subject to change. Weird Trainer Friend makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Weird Trainer Friend disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
LAWFUL PURPOSES
You may use the Site and Services for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase Services or products through the Site for legitimate, non-commercial purposes only. You will not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Services, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
PRODUCT DESCRIPTION
We endeavor to describe and display the Services as accurately as possible. While we try to be as clear as possible in explaining the Services, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
ACKNOWLEDGEMENT OF RISK
By engaging Weird Trainer Friend for, and in using, the Services, you hereby agree to the following representations and warranties:
· I understand that the Services are voluntary and that, to the extent my use of the Services includes access to personal trainers employed by Weird Trainer Friend, the personal trainer (“Trainer”) will develop and guide me through my exercise program(s).
· I understand that the exercise guides offered by Weird Trainer Friend are designed for use by individuals who do not have medical conditions that may limit their ability to safely engage in physical exercise.
· I acknowledge that I have either (i) had a physical exam and have been given my physician's permission to participate in and/or use the Services, or (ii) decided to participate in and/or use the Services without obtaining the prior approval of my physician.
· I understand that while my Trainer will consider any disclosed medical limitations, my Trainer is not a physician and any advice provided by my Trainer is not a substitute for the advice and expertise of a physician.
· I understand that I have the complete right to stop or decrease exercise at any time during participation in and/or use of the Services, and that it is my obligation to notify my physician or seek medical attention immediately if I develop any symptoms, including without limitation, excessive fatigue, shortness of breath and chest discomfort.
· I understand that use of exercise equipment and strenuous exertion (i.e., strength training) increase heart rate and body temperature, and present risks of physical injury that include but are not limited to; injuries to bones, joints and muscles; muscular, neurological, orthopedic, and other injuries associated with slips or falls due to an unintended loss of balance; serious neck and spinal injuries resulting in complete or partial paralysis; heart attack; stroke; and death.
· I understand that the level of risk associated with my participation in and/or use of the Services is correlated with (i) my own state of fitness or health (whether physical, mental, or emotional), and (ii) my awareness, care and skill exercised in connection with my participation in and/or use of the Services.
· I understand that Weird Trainer Friend and its members, officers, employees, agents and representatives are not licensed physicians, and are not certified in personal training or coaching and do not hold themselves out to possess professional expertise in fitness or medical matters. I acknowledge and agree that any information, guidelines, or advice provided by Weird Trainer Friend is not intended to constitute and will not be construed as fitness or medical advice, as treatment for any general or particular medical or physiological condition or pathology, or as a means of improving or bettering health outcomes, and they carry no express or implied warranty of any kind, including, but not limited to, warranties regarding safety or suitability for a particular purpose.
OUR INTELLECTUAL PROPERTY
The Site and Services contain intellectual property owned by Weird Trainer Friend, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately revoke your privileges to use the Services, without refund, if you are caught violating this intellectual property policy.
RIGHTS TO PHOTOGRAPHS AND VIDEOS
You agree to grant Weird Trainer Friend the right and permission, in respect of the photographs and videos that have been or will be taken of you while using the Services, to protect Weird Trainer Friend intellectual property rights (including copyrights) in the same, in the name of Weird Trainer Friend LLC or otherwise; to use, re-use, publish, and republish the same in whole or in part, individually or in conjunction with other photographs and videos, and in conjunction with any printed matter, in any and all media now or hereafter known, and for any purpose whatsoever. I hereby release and discharge Weird Trainer Friend from any and all claims and demands arising out of or in connection with any such photographs and videos, including without limitation any and all claims for libel or invasion of privacy.
CHANGED TERMS
We may from time to time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Services by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Services, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, WEIRD TRAINER FRIEND IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF WEIRD TRAINER FRIEND HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT WILL WEIRD TRAINER FRIEND’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM WEIRD TRAINER FRIEND, AND IF NO PURCHASE HAS BEEN MADE BY YOU, WEIRD TRAINER FRIEND’S CUMULATIVE LIABILITY TO YOU WILL NOT EXCEED $100.
INDEMNIFICATION
You will indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Services. You will provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You will not settle any third-party claim or waive any defense without our prior written consent.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and Weird Trainer Friend pertaining to the Site and Services and replaces all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Weird Trainer Friend will constitute, a waiver of any other provision, whether or not similar, nor will any waiver constitute a continuing waiver. No waiver will be binding unless executed in writing by Weird Trainer Friend.
NOTICES
All notices, requests, demands, and other communications under this Agreement will be in writing and properly addressed as follows:
Weird Trainer Friend LLC
2022 Massachusetts Ave
Cambridge, MA 02140
katie.weirdtrainerfriend@gmail.com
GOVERNING LAW; VENUE; MEDIATION
This Agreement is bound by the laws of the Commonwealth of Massachusetts. Any legal action, arbitration, or court proceeding related to this Agreement will exclusively take place in Suffolk County, Massachusetts. In the event of a dispute or claim arising from this Agreement, the parties commit to attempting a good faith mediation of the dispute before pursuing any other legal remedy including litigation or arbitration. The parties may use the International Institute for Conflict Prevention & Resolution or any other alternative dispute resolution procedure agreed upon by the parties.
RECOVERY OF LITIGATION EXPENSES
If any legal action is taken to enforce this Agreement or resolve a dispute, the party that succeeds or prevails will be entitled to recover their reasonable attorney's fees and other costs incurred during the process, along with any other relief they may be entitled to.
SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement will remain in full force and effect and will in no way be affected, impaired, or invalidated.
ASSIGNMENT
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicensable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
Updated: November 2023
65184047 v1-WorkSiteUS-000004/2417