Terms and conditions

 

 

Sapphire Fitness LLC’s Terms & Conditions of Use Agreement

Welcome to Sapphire Fitness LLC’s (referred to herein as the “Company”, “we”, “us”, or “our”) Terms & Conditions of Use Agreement (referred to herein as the “Terms”, “Terms of Service”, or the “Agreement”). We look forward to providing you with the best exercise and fitness classes on the market! These are the terms of use of our Services (as defined below) with you (you are referred to herein as “you” or “User”). “User” specifically includes but is not limited to both trainees and coaches. Please read these Terms before agreeing to use the Services. These Terms affect your legal rights and govern your relationship with the Company. (Company and Client are referred to herein collectively as the “Parties” or also individually as “Party”).

These Terms apply to all users of the Company website, www.sapphirefitness.com (the “Website”), the Company Instagram, the Company YouTube, and any other platform or related platform where the Company offers services or products related to health, fitness and wellness, including the content, materials, or other services accessible therefrom (referred to collectively as the “Platform” or “Platforms”).

If you do not agree to these Terms, we ask that you please not use our Platform or the Services. Use constitutes acceptance of these Terms.

SECTION 1 – CLIENT SERVICES.

The Company provides various at-home workout programs, in-person workout programs, and live-steam and downloadable exercise and fitness programs, coaching, and other activities or services that enable clients to make strides towards their health and fitness goals (the “Services”). As part of the Services, you will be provided access to use the Services and content on the Platform.

As a registered user, you will be provided exclusive access to various content through the Platform. As part of this, you will be required to choose a username and password to create an account and may be asked for other personal information such as your current email address. You are responsible for maintaining confidentiality of your password and account information and are responsible for all activity that takes place on your account.

As a Client and user of the Services, you will receive access to all content and accessibility that is made available to other Clients, or those Services or classes that you have selected and paid for. Subject to the terms and conditions of this Agreement, Company shall provide you the Services in connection with the class or membership option that you sign up for.

More information about the benefits that you receive are located on the sign-up pages and/or details pages for your class or membership.

SECTION 2 – LICENSE.

Company hereby grants User a non-exclusive, non-transferable right to access and use the Services and the Platform for Client’s personal use and for the purpose of bettering and improving your health and fitness.

You may not transfer, redistribute, or sublicense your use of the Services or Platform to any third party, and may not copy (except as permitted by this Agreement), reverse-engineer, attempt to steal or use the source code of, or create derivative works of the Platform, the Services, or any of its contents. You shall not acquire any ownership interest in the Company or the Platform under these Terms, or any other rights to use the Platform or the Services by way of these Terms.
You are, however, permitted to tell all of your friends and colleagues about how awesome the Services and Platform are and we wholeheartedly permit and encourage you to do this!

SECTION 3 – TECHNOLOGY REQUIREMENTS.

To enjoy the benefits of the Services and the Platform, you must meet certain technological requirements such as having access to the internet, and a robust smartphone and/or a computer.

SECTION 4 – HEALTH DISCLAIMER, WAIVER & RELEASE FROM INJURY.

Company and its coaches are a provider of content in the health, fitness & wellness space. Company is not a health care provider nor should the Platform or Services (or any content therein) be considered medical advice. Only your physician or other healthcare provider should be offering you medical advice. While there is substantial evidence that being in better physical shape and leading a healthier life can assist in happiness, fulfillment, feeling better, looking better, and productivity, Company makes no claims, representations, or guarantees about the Platform, the Services or any of the content found therein. Any health information found or transmitted by Company or its agents on the Platform or Services is provided and intended for general information purposes only. Any claim and/or representation made by a coach on the Platform is not a representation of our Company but rather is a representation or claim of that particular coach who is not an employee but an independent contractor of the Company. Such information is not intended to be relied upon and is not a substitute as medical advice, which could be garnered only from a licensed professional. Company makes no representations or warranties about the suitability of the Platform, Services or content found therein. If you believe you have a medical condition, please see a licensed medical professional.
Physical exercise, with or without equipment, constitutes a strenuous physical activity. Before beginning any exercise regime, whether or not you have prior experience, it is suggested that you seek the advice of a physician. While the general risk of injury is small if the correct precautions are taken beforehand and you do your part to minimize risk (such as stretching and/or warming up), you may have an underlying health condition or other condition that could be serious and cause you injury. All workouts, plans, videos, and contents are not requirements of the Services and are designed to be carried out by you at your election and at your own pace. Nothing contained in these Terms, the Platform, or the Services (or anything contained therein) should be construed as medical advice or diagnosis or require you to take part in anything provided by Company or its agents.
By using the Services and the Platform, you acknowledge that physical exercise has risk that could carry substantial and serious physical or mental implications. By using the Platform or Services, you are aware of these risks, accept the risks, and are voluntarily choosing to participate anyways. Prior to using the Services or the Platform, it is suggested that you perform an analysis of your physical and mental capabilities for performing exercise. It is your responsibility to judge your ability to engage in any exercise with Company or its agents and to ensure that by participating in the Services, you will take breaks, if and when needed. Any content, classes, or suggestions by Company or its agents as part of the Services are designed to reach a broad and varying audience. Only you know your limitations, your physical and mental condition, and the objects that may be around you in your home or other place of viewing or participation. You expressly waive and release any and all claims that you may have at any time for injury of any kind against Company, its agents, including, without limitations, its owner, directors, investors, independent contractors, employees, affiliates and representatives.
You acknowledge that you have carefully read this waiver and fully understand that it is a release of liability. In the event that you should be injured using the Platform or the Services, you alone will be responsible for costs incurred in treatment of your injury.
In the event that you damage any equipment or facilities owned, licensed, or leased by the Company or one of its coaches, you agree to be held liable for any and all costs associated with said damage.

SECTION 5 – YOUR CONTENT.

If, at our request, you send certain submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, or otherwise (“Submissions”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Submissions that you forward to us. We are and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to pay compensation to you for any Submissions; or (3) to respond to any Submissions. By you submitting Submissions to us, you hereby transfer and assign any claim to any rights that you may have had in those Submissions and do so with full acknowledgment of the same. You agree that your Submissions will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. We take no responsibility and assume no liability for any Submissions posted by you.

SECTION 6 – INTELLECTUAL PROPERTY OWNERSHIP & CONSENT TO BE RECORDED.

Company or its coaches owns and reserves all copyright, trademark, and other intellectual property rights in and to all of the audio, visual, and artistic content of the Services, the Platform and anything contained therein (the “Intellectual Property”).  Client expressly acknowledges and agrees that the Intellectual Property is owned solely and exclusively by Company or its coaches and nothing in this Agreement nor the license contemplated herein shall act as a transfer of rights to him/her/it or any other person or entity in or to the Intellectual Property.
As part of the Platform and Services, the Company offers live coaching sessions. Any time you enroll and participate in a live coaching session, you consent to be recorded by the Company. The Company records classes for a variety of reasons such as quality control, to verify whether one or more of its enrollees attended a class, etc. These Company recordings will be kept private and will not be shared with a third-party unless required to by a court of law, to report a crime, or other justified reason. As a User of the Services, you cannot opt out of being recorded in these online classes and by using the Platform and the Services, you consent to the audio and/or visual recording of yourself.
You also agree that no nudity of any kind is permitted on the Platform, whether by the coaches or a User. You acknowledge and agree that the Platform and the Services may be seen by minors under the age of eighteen (18) and all content of whatever kind must be suitable for both minors and adults.

SECTION 7 – ACCURACY OF INFORMATION.

Company is not responsible if information made available on the Platform or the Services is not accurate, complete or current. The Services and its contents are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This accuracy of information also pertains to any credentials of the coaches on Company’s Platform. While Company does take steps to verify whether each of its coaches have education, certification, or otherwise, Company’s inquiry is based on the information submitted by its coaches. Each of the coaches on Company’s Platform represents and warrants that the credentials submitted to Company are true and correct to the best belief of each coach and if any information were to be untrue, each coach shall advise Company as soon as practically possible. Any injury or loss that results or could result under this paragraph shall be borne solely by a coach and not Company.
We reserve the right to modify the contents of these Terms at any time. You agree that it is your responsibility to monitor changes to these Terms or our Platform.

SECTION 8 – THIRD-PARTY LINKS.

Our Services and any content thereof may contain links to third-party web sites or services that are not owned or controlled by us. Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. Client further acknowledges and agrees that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. By using the Services and the Platform, you expressly waive us, our employees, agents, contractors, affiliates, successors and principals from all liability arising from your use of any third-party website.

We strongly encourage you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

SECTION 9 – FURTHER RESPONSIBILITIES.

Client shall use the Services in accordance with applicable laws, including all such laws. Client represents and warrants that he/she has the authority to provide any personal information to Company for processing as contemplated by these Terms.

SECTION 10 – COPYRIGHT INFRINGEMENT.

If you believe that your copyright has been infringed by Company or one of its coaches, please immediately send us a notice to ip@sapphirefitness.com and CC our agent listed below with the following information:

1.    A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

2.    Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

3.    Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

4.    Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

5.    A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

6.    A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We respond to notices of copyright infringement immediately and take any such allegations seriously. The reported content will be taken down within 24 hours of written notice. In the event that a dispute arises out of any copyright infringement allegation arising out of one of our client’s Submissions, will not mediate or resolve any dispute and all disputes In the event that you are accused of repeat infringement, you may be permanently barred from using the Services and the Platform. The Company prohibits any infringement of intellectual property rights by any user of the Services.
Notifications of claimed copyright infringement and counter notices must be sent to our designated agent:

Attn: Steffan Alexander Lazerow, Esq.
Name: c/o Sapphire Fitness, LLC
Address: 8516 Chiquita Dr., Las Vegas NV 89128
Phone: (240) 277-2354
Email: slazerow.law@gmail.com

SECTION 11 – PRIVACY.

In order to operate and provide the best experience on the Platform and the Services, Company may collect certain information about you including to your use of the Platform. You acknowledge that when you download, install, and/or use the Platform and the Services, Company may use various automatic means, which include but are not limited to cookies and web beacons, to collect information about your mobile device, computer, and about your use of the Platform and Services. By downloading, installing, using, and providing information on the Platform and Services, you consent to all reasonable actions taken by Company with respect to your information.
You also agree to be bound by our Company Privacy Policy.

SECTION 12 – RESTRICTED USE.

Except as expressly permitted in these Terms or otherwise authorized by Company in writing, Client shall not directly or indirectly do any of the following: (a) access, use, sell, distribute, sublicense, broadcast, or commercially exploit any Services, any content delivered to Client in connection with the Services or any rights under the Terms, including without limitation any access or use of any Services beyond the scope specified in this Agreement; (b) knowingly introduce any infringing, obscene, libelous, or otherwise unlawful data or material into the Services or Platform; (c) copy, modify, or prepare derivative works based on the Platform or the Services; (d) reverse engineer, decompile, disassemble, or attempt to derive source code from the Platform or the Services; (e) access the Services in order to build any commercially available product or service; (f) copy any features, functions, integrations, interfaces, content or graphics of the Platform or Services; or (g) remove, obscure, or alter any intellectual property right or confidentiality notices or legends appearing in or on any aspect of the Platform or Services.

SECTION 13 – PROHIBITED USES/COMMUNITY GUIDELINES.

You are prohibited from using the Services or the Platform: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Platform or Services; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Platform or Services or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Services for violating any of the prohibited uses.
In addition to the prohibitions above, you are not permitted to take part in any of the foregoing on the Platform or while using the Services: (a) nudity or sexual content; (b) harmful or dangerous content; (c) hateful content; (d) violent or graphic content; (e) harassment or bullying; (f) spam or scamming; (g) threats: (h) any other act or actions that are immoral, unethical, or abhorrent.
We reserve the right to terminate your use of the Services for violating any of these community guidelines.

SECTION 14 – TERM & TERMINATION

These Terms will remain active and in full force and effect so long as they are posted on our Website. You may terminate your relationship with Company at any time, for any reason, in accordance with the membership plan you signed up for.
If you sign up for a recurring membership and cancel your membership with Company before the end of the applicable billing cycle, your account will be cancelled as of the following month and you will not receive a refund for the current billing period.

SECTION 15 – PAYMENT, BILLING & REFUNDS.

When you provide payment information, you represent and warrant that the information you provide is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. By providing a credit card, you represent and warrant that you authorize us to charge your payment method for all charges you incur for your purchase of a membership or class. You agree that you are responsible to pay for and will pay for all such charges. If you have signed up for a membership and your payment is denied, you will be responsible for fee of $50.00 which is our reasonable administrative costs in contacting you for new payment. Failure to keep a valid payment method does not constitute cancellation of a membership and your subscription will continue until cancelled in accordance with these Terms.
If you have enrolled in a membership program, you expressly acknowledge and agree that: (1) Company (or our third-party payment processing company or application) is authorized to charge you on a monthly or other basis for the price of your chosen membership, including taxes and other fees, for as long as your membership continues; and (2) your subscription is continuous until you cancel it or we suspend or terminate the subscription.
Instructions for cancelling your membership are found in your client portal and can also be done by sending an email to info@sapphirefitness.com with your membership details including but not limited to name, address, membership type, and any other information requested by us. The monthly recurring charges for your membership will be set forth during the purchase process. The amount you are charged may vary depending on the preferences you select and may be adjusted in accordance with these Terms. You may cancel your membership at any time prior to the invoice date. If cancellation occurs after the invoice date, the cancellation will be processed for the next scheduled invoice. You are responsible for all charges with respect to an untimely cancellation.
Our cancellation and change policy: (a) free cancellation of your booking until forty eight (48) hours of your scheduled class; (b) cancellation within forty-eight (48) hours of your scheduled class will result in a forfeiture of 50% of the booking fee, the remainder of which can be applied to another class or refunded to you; (c) cancellation within twenty-four (24) hours of your scheduled class will result in a forfeiture of 75% of the booking fee, the remainder of which can be applied to another class or refunded to you; (d) cancellations within two (2) hours of the scheduled class will result in a 100% forfeiture of the booking fee; and (e) if you need to reschedule your class to a different time that day, a same-day reschedule is free of charge unless the cost of a same day rescheduled class is greater or less than the original cost paid by you, and you will either be credited the balance or asked to pay the difference in cost, if any.
For any comments or questions about our cancellation policy, please email info@sapphirefitness.com.

SECTION 16 – CONFIDENTIAL INFORMATION.

Client will use Company’s Confidential Information (as defined below) only in accordance with this Agreement and will not use or disclose Company’s Confidential Information other than as required or permitted by this Agreement.
“Confidential Information” shall mean all information, know-how, ideas, designs, documents, concepts, technology, software (which specifically includes source and object code), algorithms, computer processing systems, compilations of information, data, notes, lists, marketing, commercial knowledge, property information, financial information, and other materials of a confidential nature and includes trade secrets, know- how, patent and ancillary information and other proprietary or confidential information, regardless of form, format, media including without limitation any other information that Client reasonably believes is confidential or knows or should have reason to know is confidential.

SECTION 17 – INDEMNIFICATION.

Except to the extent of Company’s gross negligence or willful misconduct, Client agrees to protect, defend, indemnify and hold Company, its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, interns and employees, including reasonable attorneys’ from any and all liability, costs, obligations, expenses (including all attorneys’ fees, litigation expenses and court costs), judgments, damages, claims and demands of any kind whatsoever arising out of (a) the acts of Client, (c) Client’s use of the Services and/or Platform; or (c) the acts of Company within the scope of this Agreement. This clause will service termination of this Agreement for three (3) years.

SECTION 18 – DISCLAIMER

The Services and the Platform are provided ‘as is’ and, to the extent permitted by applicable law, Company and its’ directors, officers, employees, agents, representatives, licensors, third party providers and affiliates, exclude all representations or warranties of any kind, express or implied including, but not limited to, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement. Any reliance on or use of the Services and Platform shall be at the sole risk of you. We expressly disclaim any liability for loss or damage sustained by you as a result of the accessing and use of the Platform or Services.
Reliance on any information or content obtained by Client in its use of the Services is solely at Client’s own risk.

SECTION 19 – LIMITATION OF LIABILITY.

EXCEPT FOR A PARTY’S BREACH OF CONFIDENTIALITY, INDEMNIFICATION OBLIGATIONS, BREACH OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS, AND AS OTHERWISE PROHIBITED BY LAW, IN NO EVENT WILL EITHER PARTY OR COMPANY’S’ LICENSORS OR VENDORS BE LIABLE FOR SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES OR COSTS (INCLUDING LOSSES RELATED TO DATA OR DATA INTEGRITY, LOSS OF REVENUE, LOSS OF PROFIT, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL), REGARDLESS OF THE FORM OF ACTION, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
EXCEPT FOR A PARTY’S INDEMNIFICATION OBLIGATIONS, BREACH OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS, BODILY INJURY, DEATH, OR DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY CAUSED BY A PARTY’S NEGLIGENCE AND AS OTHERWISE PROHIBITED BY LAW, THE TOTAL MAXIMUM LIABILITY OF COMPANY OR ITS LICENSORS, AFFILIATES AND AGENTS FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE TOTAL AMOUNT PAID BY THE CLIENT UNDER THE TERMS OF THIS AGREEMENT LESS ACTUAL EXPENSES PAID BY COMPANY IN PROVIDING SERVICES OUTLINED IN THIS AGREEMENT, EVEN IF THE REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. ACTIONS HEREUNDER MUST BE COMMENCED WITHIN TWELVE (12) MONTHS OF THE DATE THE ACTION FIRST ACCRUES.

SECTION 20 – GENERAL PROVISIONS.

a.     Entire Agreement.  These Terms contains the entire agreement of the Parties and there are no other promises or conditions in any other agreement whether oral or written.
b.    Waiver.  The failure of either Party to enforce any provision of these Terms shall not be construed as a waiver or limitation of that Party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.
c.    Assignment.  Client may not assign, pledge, delegate, or otherwise transfer any of his or her rights or obligations under this Agreement without Company’s prior written consent.
d.    Relationship. in these Terms shall create, or is intended to create, an agency, employment, franchise, joint venture, or partnership relationship between the Parties.
e.    Applicable Law/Dispute Resolution.  This Agreement shall be governed by the laws of the State of Texas.  Any dispute arising from this Agreement shall be subject to binding arbitration. The governing rules shall be the rules, then-implemented, by the American Arbitration Association commercial division.  The prevailing Party in any dispute shall be entitled to recover its/his/her reasonable attorney’s fees and costs.
f.    Notices. All notices are recommended to be sent via email to info@sapphirefitness.com. Legal notices should be sent to ip@sapphirefitness.com. Notices provide by U.S. Mail or other means of mail should be sent to our office at 1308 Thornwood Drive, Murphy, TX 75094 and will be deemed made when postmarked.
g.    Force Majeure. If the act of God, such as fire, flood, earthquake, tsunami, or other natural disasters, or any health pandemic, government regulation, or other act arising out of any cause or event beyond the control of both Parties that makes the Services contemplated herein impossible or impracticable, the Parties shall be permitted to pause or terminate the Services and Client will only be responsible for payment through the notice of force majeure.
h.    Severability.  If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.  If an arbitrator or panel of arbitrators finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
i.    Reservation of Rights. Company reserves the right to amend these Terms from time to time and at its sole discretion. Client will be obligated to the provisions of each amendment of these Terms as if they were agreed to when made by way of continued use of the Platform and the Services. We recommend that you check the Terms periodically for updates.

SECTION 21 – QUESTIONS.

If you have any questions or comments regarding these Terms, please feel free to contact us by email at info@sapphirefitness.com.

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