Content on the Website.
Account Security. You are responsible for maintaining the confidentiality of the username and password that you use to register for, purchase and/or use the Total Results Fitness Service. You agree to (a) immediately notify Total Results Fitness of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you logout from your account each time you exit your account and after the coaching session. Total Results Fitness will not be liable for any loss or damage arising from your failure to comply with this provision. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Term and Termination. Total Results Fitness may, at its option, terminate your membership if (1) any payments are 30 days late, or repeatedly late, (2) the monthly EFT payments are interrupted or discontinued for any reason and you or your co-signer do not provide an acceptable alternative, (3) you violate any part of this agreement or (4) your conduct is improper or harmful to the best interest of Total Results Fitness or others. Termination is effective on the date Total Results Fitness mails a written notice to your last known address. You are liable for all financial obligations until that date and for the dues and fees of any remaining unused months. If you prepaid your dues and fees, Total Results Fitness will not refund the unused portion.
Your Interactions with Other Members. Interactions with Other users and Members. You are solely responsible for your interactions with other users of the Website (“Users”) or Members. Total Results Fitness makes no representations or warranties as to the conduct of Users or Members and shall not be in any way liable for any conduct of any User or Member. You agree to take reasonable precautions in all interactions with other Users and Members, particularly if you decide to meet offline or in person a User and/or a Member. You should not provide your financial information (for example, your credit card or bank account information) to other Users or Members. Release. You hereby release Total Results Fitness, its affiliates, contractors, employees, agents or third-party partners or suppliers from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your interaction with other Users or Members.
Promotions, discounts, and bonus time. Total Results Fitness may periodically run promotions that may include bonus time on dues, discounted rates or other incentives to enroll in Total Results Fitness services. All incentive programs adhere to the Total Results Fitness terms and conditions. New enrollment incentives are for first-time clients only. Current members may not be eligible for current discounts or promotions. Total Results Fitness may run promotions exclusively for current and active clients and the terms and conditions related to internal marketing vary depending on the promotion type and details of such programs may not be included here.
CANCELLATION AND REFUND: By enrolling in any program and completing a purchase of any Total Results Fitness service you acknowledge and agree you have read and understand the Terms, Conditions, Procedures, Rules & Regulations of Total Results Fitness. You also acknowledge and agree to the following cancelation and refund policy: (1) You, the buyer, may cancel this agreement at any time prior to midnight of the fifth business day of enrollment, excluding Sundays and holidays. Enrollment is defined by submitting your first payment. (2) A refund or partial refund may be granted If you cancel this agreement within 5 days of signing. You will be billed a minimum of $100 service fee for any work done by Total Results Fitness on your behalf even within the 5-day cancellation term. This includes communication, administration, or any activity related to your program including technology service set-up (Total Results Fitness app), agreement generation, workout programming or meal planning, whether completed or not. (3) You the buyer acknowledge that there are NO refunds on meal plans and the full published retail price of a Total Results Fitness meal plan will be subtracted from your refund if a meal plan was delivered to you prior to cancellation in addition to the service fee outlined above. The published single meal plan retail price can be viewed at TotalResultsFitness.com. (4) You also acknowledge that all Total Results Fitness subscription programs are a 30-day contract commitment, and you will be responsible for the term of the agreement. (5) Total Results Fitness subscription programs may be canceled with written 10-day notice as indicated above and no refunds will be granted. (6) If the purchaser/member dies or becomes legally disabled during the term of this agreement, he/she and his/her estate shall be relieved of the obligation to pay any remaining balance. (7) There are NO refunds on any delivered meal plan and verification of sent plans will be validated by the outgoing mail system of Total Results Fitness. (8) You acknowledge that the scheduling of coaching sessions is your responsibility and these sessions do not carry over monthly or accumulate. Each Total Results Fitness program includes a set monthly series of coaching sessions, and they expire at the end of each billing cycle and are non-refundable. MISSED OR LAST-MINUTE RESCHEDULES OF COACHING SESSIONS ARE ONLY PERMITTED TWO (2) TIMES PER MONTH. Failure to meet your coach for sessions you schedule will be forfeited after the second no-show and no refunds or credits will be granted. However, Total Results Fitness may accommodate you for planned absenteeism, emergencies, vacations, or limited terms agreed upon separately from this agreement. Please coordinate with your Total Results Fitness coach for such accommodation. You may cancel your recurring dues 10 DAYS PRIOR to your billing date with written notice directly to your Coach. Please message your Coach in the app messenger and they will facilitate the cancellation.
90-Day Habit Cancellation & Refund. By enrolling in a program and completing a purchase of any Total Results Fitness service you acknowledge and agree you have read and understand the Terms, Conditions, Procedures, Rules & Regulations of Total Results Fitness. You also acknowledge and agree to the following cancellation and refund policy: (1) You, the buyer, may cancel this agreement at any time prior to midnight of the fifth business day of enrollment, excluding Sundays and holidays. Enrollment is defined by submitting your first payment. (2) A refund or partial refund may be granted If you cancel this agreement within 5 days of enrolling. You will be billed a minimum of $100 service fee for any work done by Total Results Fitness on your behalf within the 5-day cancellation term. This includes communication, administration, or any al Results Fitness Fitness, LLC (“Total Results Fitness”,activity related to your program including, agreement generation, workout programming or meal planning, whether completed or not. (3) You the buyer acknowledge that there are NO refunds on the 90-Day Habit Transformation Program, and you are responsible for adhering to the program. (4) You acknowledge that the scheduling of coaching sessions is your responsibility and these sessions do not carry over monthly or accumulate. Each Total Results Fitness program includes a set monthly series of coaching sessions, and they expire at the end of each week and are non-refundable. However, Total Results Fitness may accommodate you for planned absenteeism, emergencies, vacations, or limited terms agreed upon separately from this agreement. (8) If the purchaser/member dies or becomes legally disabled during the term of this agreement, he/she and his/her estate may submit a request for a refund on the pro-rated remaining balance.
After selecting the subscription service program of choice, you register for an account on the Website and become a Member and Client assigned to a specific Coach. This membership is a monthly recurring personal fitness training and coaching program delivered online. It begins on the date of enrollment and continues indefinitely unless canceled. You may cancel your recurring dues 10 DAYS PRIOR to your billing date with written notice directly to your Coach. Please message your Coach in the app messenger and they will facilitate the cancellation.
Modification of Terms. Total Results Fitness reserves the right, in its sole discretion, to change, modify, add, or remove portions of this Agreement at any time and for any reason without notice to you and by simply updating this page. This Agreement was last updated and is effective as of the “Updated” date indicated below. You should visit this page from time to time to review the then-current Agreement because it is binding on you and your continued use of or access to the Website and use and/or purchase of Total Results Fitness Service after the posting of changes will be construed as your acceptance of the revised Agreement. For any material changes to this Agreement, such amended terms will automatically be effective 30 days after they are initially posted on the Website. Last Update: January 2022.
Individual Features and Total Results Fitness Services. When using the Website and/or the Total Results Fitness Service, you may be subject to any additional posted guidelines or rules applicable to specific services and features, which may be posted from time to time on the Website (the “Guidelines”). All such Guidelines are hereby incorporated by reference in this Agreement. To the extent that any terms of these terms & conditions conflict with any Guidelines, these terms & conditions shall prevail.
You must be at least eighteen (18) years of age or the age of majority in the place of your residence to register as a Member or use the Total Results Fitness Service. Membership in the Total Results Fitness Service is restricted to natural persons. Membership to the Total Results Fitness Service is void where prohibited. By using the Total Results Fitness Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and you agree to abide by this Agreement.
Proprietary Rights. Total Results Fitness, and its licensors, own and retain all proprietary rights in the Website and/or the Total Results Fitness Service. The Website and/or the Total Results Fitness Service contains content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services and other elements of the Total Results Fitness Service (the “Total Results Fitness Materials”) that are protected by copyright, trade dress, patent, and trademark laws, international conventions, and other relevant intellectual property and proprietary rights, and applicable laws. Except for that information which is in the public domain or for which you have been given express written permission, you may not copy, modify, publish, transmit, distribute, license, perform, display, or sell any Total Results Fitness Materials. Total Results Fitness Materials do not include User Content (as defined below) or other content submitted by Users. Total Results Fitness retains all rights not expressly granted in this Agreement. You shall not acquire any right, title or interest to the Website, the Total Results Fitness Service or Total Results Fitness Materials, except for the limited rights set forth in this Agreement.
Reliance on Content. Advice, opinions, statements, offers, or other information or content, including without limitation User Content (as defined below), made available through the Website and/or the Total Results Fitness Service, but not directly by Total Results Fitness, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Total Results Fitness does not: (i) guarantee the accuracy, integrity, quality, legality, safety, completeness, or usefulness of any information on the Website and/or the Total Results Fitness Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website and/or the Total Results Fitness Service. Under no circumstances will Total Results Fitness or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website and/or the Total Results Fitness Service or transmitted to or by any Users or Members.
Health Information. The information provided through the Website and/or the Total Results Fitness Service may contain general health information. THIS WEBSITE AND/OR Total Results Fitness SERVICE DOES NOT PROVIDE MEDICAL DIAGNOSIS FOR ANY INDIVIDUAL AND MUST NOT BE USED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR CARE. All specific medical questions you may have about your specific medical condition, treatment, care, or diagnosis must be presented to your health care professional. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING PROFESSIONAL ADVICE BECAUSE OF ANY INFORMATION CONTAINED IN OR RELATED TO THE WEBSITE AND/OR THE Total Results Fitness SERVICE. You represent that you are in good physical condition and may have no medical reason, impairment, or disability that vie might prevent you from using all Total Results Fitness programs or services. As such, you acknowledge that Total Results Fitness did not give you medical advice before you enrolled, and cannot give you any after you enroll, or discuss them with your doctor before participating in any programming.
Content Posted by You on the Website and/or the Total Results Fitness Service.
Accurate Content. You are solely responsible for the User Content (as defined below) that you publish or display (a “post”) on the Website and/or the Total Results Fitness Service or transmit to other Users and/or Members through any media form.
Moderating Content. You understand and agree that Total Results Fitness may, but has no obligation to, moderate, review and delete any content, comments, messages, photos or profiles (collectively, “User Content”), in each case in whole or in part, that in the sole judgment of Total Results Fitness, violates this Agreement, might be offensive or illegal, or that might violate the rights or safety of other Users or Members.
License to User Content. By posting User Content to any public area of the Website and/or the Total Results Fitness Service, you automatically grant, and you represent and warrant that you have the right to grant, to Total Results Fitness, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and User Content and to prepare derivative works of, or incorporate into other works, such information and User Content, and to grant and authorize sublicenses of the foregoing. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. You also hereby grant to each User and Member of the Website and/or the Total Results Fitness Service a non-exclusive license to access your User Content, in each case as permitted by the functionality of the Website and/or the Total Results Fitness Service and this Agreement. The above license granted by you shall survive any termination or expiration of this Agreement.
Representations and Warranties. In connection with the User Content, you affirm, represent, and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to post the User Content to the Website and/or the Total Results Fitness Service, to authorize Total Results Fitness to use the User Content in the manner contemplated by Total Results Fitness and this Agreement, and to grant the rights and licenses set forth above, (ii) the public posting and use of your User Content by Total Results Fitness and other Users and Members will not infringe or violate the rights of any third party or violate any applicable law or regulation.
Prohibited User Content. The following is a partial list of the kind of User Content that is illegal or prohibited on the Website and/or the Total Results Fitness Service. Total Results Fitness reserves the right to investigate and take appropriate legal action, in its sole discretion, against anyone who violates this provision, including without limitation, removing the offending communication from the Website and/or the Total Results Fitness Service and terminating the membership of such violators. It includes, but is not limited to, User Content that:
is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, profane, offensive, sexually-oriented, racially offensive, defamatory or libelous;
promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other Users or Members; or
engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
Member Profile. All information you include in your member profile, including without limitation the information in your billing account, must be accurate, current and complete. If information provided to Total Results Fitness, subsequently becomes inaccurate, misleading or false, you will promptly notify Total Results Fitness of such change.
Prohibited Activities. Total Results Fitness reserves the right to investigate and terminate your membership if you have misused the Website and/or the Total Results Fitness Service, or behaved in a way that could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Website and/or the Total Results Fitness Service:
You will not use the Website or the Total Results Fitness Service for any purpose that is unlawful or prohibited by this Agreement;
You will not impersonate any person or entity;
You will not “stalk” or otherwise harass any person;
You will not express or imply that any statements you make are endorsed by Total Results Fitness without our specific prior written consent;
You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Website and/or the Total Results Fitness Service or its contents;
You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
You will not remove any copyright, trademark or other proprietary rights notices contained on the Website and/or the Total Results Fitness Service;
You will not interfere with or disrupt the Website and/or the Total Results Fitness Service or the servers or networks connected to the Website and/or the Total Results Fitness Service;
You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
You will not use Total Results Fitness headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Website and/or the Total Results Fitness Service;
You will not “frame” or “mirror” any part of the Website and/or the Total Results Fitness Service or the Website and/or the Total Results Fitness Service, without Total Results Fitness’s prior written authorization. You also shall not use meta tags or code or other devices containing any reference to Total Results Fitness, the Website or the Total Results Fitness Service in order to direct any person to any other website for any purpose;
You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or the Total Results Fitness Service or any software used on or for the Website or the Total Results Fitness Service or cause others to do so.
Modifications to the Website and/or the Total Results Fitness Service. Total Results Fitness reserves the right at any time to modify or discontinue, temporarily or permanently, the Website and/or the Total Results Fitness Service (or any part thereof) with or without notice. You agree that Total Results Fitness shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website and/or the Total Results Fitness Service.
Blocking of IP Addresses. To protect the integrity of the Website and/or the Total Results Fitness Service, Total Results Fitness reserves the right at any time in its sole discretion to block Users or Members from certain IP addresses from accessing the Website and/or the Total Results Fitness Service.
The Total Results Fitness logo and name is a Registered Trademark ® and protected by law. Please submit usage requests to TotalResultsFit@gmial.com.
Infringement Notice. It is Total Results Fitness’s policy to respond to clear notices of alleged copyright infringement. If you are a copyright owner or an agent thereof and you believe that any content hosted on the Website and/or the Total Results Fitness Service infringes your copyrights, please contact us at the address provided below.
Repeat Infringer. Please note that Total Results Fitness will promptly terminate without notice any User’s or Member’s access to the Website and the Total Results Fitness Service if that User or Member is determined by Total Results Fitness to be a “repeat infringer.” A “repeat infringer” is a User or Member who has been notified by Total Results Fitness of infringing activity violations more than twice and/or who has had their User Content or any other User-submitted content removed from the Website and/or the Total Results Fitness Service more than twice.
Results Not Guaranteed. Total Results Fitness DOES NOT GUARANTEE ANY RESULTS FROM USE OF THE WEBSITE AND/OR THE Total Results Fitness SERVICE. Total Results Fitness DOES NOT ENDORSE ANY FITNESS OR NUTRITION PROGRAM OFFERED THROUGH THE WEBSITE AND/OR THE Total Results Fitness SERVICE. ANY STATEMENTS, GUARANTEES, OR OTHER INFORMATION THAT MAY BE PROVIDED TO YOU BY FITNESS PROFESSIONALS OR OTHER USERS OF THE WEBSITE AND/OR THE Total Results Fitness SERVICE ARE SOLELY ATTRIBUTABLE TO THE FITNESS PROFESSIONAL OR USER. Total Results Fitness IS NOT LIABLE FOR ANY STATEMENTS OR GUARANTEES MADE BY FITNESS PROFESSIONALS OR OTHER USERS.
No Warranties; “As Is,” “As Available,” and “With All Faults”.TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Total Results Fitness, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITE AND/OR THE Total Results Fitness SERVICE IS AT YOUR SOLE RISK AND THAT ANY ADVICE THAT MAY BE POSTED ON THE WEBSITE AND/OR THE Total Results Fitness SERVICE IS FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND WILL NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. THE WEBSITE AND/OR THE Total Results Fitness SERVICE, USER CONTENT AND ANY THIRD-PARTY MEDIA, CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE AND/OR THE Total Results Fitness SERVICE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
Operation and Content. Total Results Fitness IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON OR IN CONNECTION WITH THE WEBSITE AND/OR THE Total Results Fitness SERVICE, WHETHER CAUSED BY USERS, MEMBERS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE WEBSITE AND/OR THE Total Results Fitness SERVICE. Total Results Fitness ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER OR MEMBER COMMUNICATIONS. Total Results Fitness IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS AND/OR MEMBERS OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE WEBSITE AND/OR THE Total Results Fitness SERVICE.
User and Member Conduct. Total Results Fitness IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR MEMBER. UNDER NO CIRCUMSTANCES WILL Total Results Fitness OR ANY OF ITS AFFILIATES, ADVERTISERS, PROMOTERS OR DISTRIBUTION PARTNERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE WEBSITE AND/OR THE Total Results Fitness SERVICE, ANY CONTENT POSTED ON THE WEBSITE AND/OR THE Total Results Fitness SERVICE OR TRANSMITTED TO USERS OR MEMBERS, OR ANY INTERACTIONS BETWEEN USERS OR MEMBERS, WHETHER ONLINE OR OFFLINE. Total Results Fitness IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANY EVENTS OR ACTIONS OCCURRING AT VENUES OR ANY INTERACTION BETWEEN A USER OR MEMBER AND ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION EMPLOYEES OF A VENUE OR OTHER PATRONS OF A VENUE.
Links and Third-Party Total Results Fitness Services. The Website and/or the Total Results Fitness Service may provide, or third parties may provide, links or functionality in the Website and/or the Total Results Fitness Service to other websites or third-party resources (“Third Party Total Results Fitness Services”). Because Total Results Fitness has no control over Third Party Total Results Fitness Services, you acknowledge and agree that Total Results Fitness is not responsible for the availability of the Third-Party Total Results Fitness Services, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from the Third Party Total Results Fitness Services. You further acknowledge and agree that Total Results Fitness 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 the use of, or reliance upon, any such content, goods or services available on or through Third Party Total Results Fitness Services. ACCESS AND USE OF THIRD PARTY SERVICES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SERVICES OR AVAILABLE THROUGH THIRD PARTY SERVICES, IS SOLELY AT YOUR OWN RISK. When you leave the Website, these Terms and Conditions no longer govern. You should review applicable terms and conditions and policies, including the privacy and data gathering practices, of any Third-Party Total Results Fitness Services.
Release of Liability for Injury or Death; Limitation on Liability; Damages.
Release of Liability for Injury or Death. YOUR PARTICIPATION IN ONLINE TRAINING SESSIONS OR OTHER PROGRAMS THROUGH THE WEBSITE AND/OR IS AT YOUR OWN RISK. Exercise programs of any kind represent an inherent danger to participants. Total Results Fitness IS NOT LIABLE FOR ANY PERSONAL INJURY OR DEATH THAT RESULTS FROM USE OF THE WEBSITE AND/OR THE Total Results Fitness SERVICE INCLUDING PARTICIPATION IN ONLINE TRAINING SESSIONS. YOU RELEASE Total Results Fitness FROM ALL LIABILITY FOR INJURY OR DEATH THAT RESULTS FROM YOUR PARTICIPATION IN A TRAINING SESSION OR USE OF THE WEBSITE AND/OR THE Total Results Fitness SERVICE. Members should consult a physician before beginning use of the Total Results Fitness Service or any exercise program or training session. Not all exercise programs or training sessions are appropriate for all Members. PLEASE CHECK ALL EQUIPMENT AND THE AREA IN WHICH YOU ARE USING THE Total Results Fitness SERVICE FOR ANY DANGEROUS CONDITIONS. IN CASES WHERE APPLICABLE LAW DOES NOT ALLOW THE ABOVE RELEASE OF LIABILITY, Total Results Fitness’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAWS.
Limitation of Liability. Except in jurisdictions where such provisions are restricted, in no event, and under no legal theory, including without limitation negligence, will Total Results Fitness or its affiliates, contractors, employees, agents or third party partners or suppliers be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including without limitation lost profits, data or use or cost of cover, even if Total Results Fitness has been advised of the possibility of such damages. In cases where applicable law does not allow the above limitation of liability, Total Results Fitness’s liability will be limited to the extent permitted by applicable laws.
Nutrition and Fitness Disclaimer: The nutrition advice given by Total Results Fitness is based on the information you provided by completing and submitting this questionnaire. You understand it is your responsibility to provide complete and accurate information. You further understand and acknowledge Total Results Fitness provides general nutrition education and coaching and is not a medically supervised program. You understand any menu program created for you by Total Results Fitness is simply a recommendation and you are volunteering to participate or follow advice, meal plans or exercise suggestions. You understand that no service or program provided by Total Results Fitness is intended to cure, prevent, diagnose, alleviate or treat any medical conditions, disease, physical or mental. You understand that Total Results Fitness is in a license agreement with a third-party provider of nutrition and meal planning services and all meal plans are populated by that party for Total Results Fitness clients based on the data submitted by the client on this questionnaire.
Nutrition and/or Fitness Waiver and Covenant Not to Sue: You have volunteered to participate in a nutrition suggestion program under the guidance of Total Results Fitness which may include but may not be limited to nutrition planning and personalized coaching. In consideration of Total Results Fitness agreement to assist me, you do here and forever release and discharge and hereby hold harmless Total Results Fitness and their respective agents, heirs, assigns, contractors, and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected with your participation in any nutrition program including any injuries resulting therefrom. You acknowledge and agree that no warranties or representations have been made to me regarding the results you may or will achieve from this program. You understand that results are individual and may vary.
Nutrition Assumption of Risk: You recognize that specific foods may create allergic and possible fatal reactions, most specifically, products containing nuts. You have therefore specified any food allergies or sensitivities you are aware of. You are aware that specific foods may interact with certain medications. You have discussed such food reactions and the side effects of all your medications with your doctor or pharmacist and do not hold Total Results Fitness responsible for food and medication reactions. You also understand the food suggestion plan you receive will not take your medications into consideration. If you are on medications, you are responsible to consult with your doctor before starting a new diet plan. If you are pregnant or lactating, have high cholesterol, high blood pressure, high blood sugar, diabetes, renal disease, gastric by-pass surgery a family history of gout or any other medical condition that requires special dietary restrictions, you must receive permission from your physician before participating in the specific nutrition program designed for your use, or may be advised to seek help from another health professional.
Indemnity by You. You agree to indemnify and hold Total Results Fitness, its parent, subsidiaries, affiliates, officers, agents, licensors, and other partners and employees, harmless from any loss, liability, claim, damages, obligations, or demand, including attorney’s fees, made by any third party due to or arising out of (i) your use of the Website and/or the Total Results Fitness Service, (ii) your violation or breach of this Agreement, (iii) your User Content, or (iv) any breach of your representations and warranties set forth above. Total Results Fitness reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Total Results Fitness and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Total Results Fitness. Total Results Fitness will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Total Results Fitness may provide you with notices, by email or mobile app push notifications
No Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.
Jurisdiction and Choice of Law. This Website and the Total Results Fitness Service are controlled and operated by us and this Agreement, this Website, the Total Results Fitness Service and any use of the Website or the Total Results Fitness Service shall be governed by the laws of the state of California and the laws of the United States of America applicable therein without reference to principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in the State of California and irrevocably agree that all disputes shall be heard in such courts. You agree that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Total Results Fitness to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
Entire Agreement. This is the entire agreement between you and Total Results Fitness relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. The Agreement shall not be modified except in writing, signed by both parties, or by a change to the Agreement made by Total Results Fitness as set forth in Section 4 above.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
The Agreement and any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by Total Results Fitness without restriction. Any assignment attempted to be made in violation of this Agreement shall be void.
The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and shall not be deemed to limit or affect any of the provisions hereof.
YOU AND Total Results Fitness AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE AND/OR THE Total Results Fitness SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Coaching Calls May Be Recorded: You understand that coaching calls with any Total Results Fitness contractors or staff may be recorded for quality and training purposes with or without notice. You hereby give permission to Total Results Fitness to record my coaching calls and understand that copies of your coaching calls may be requested for personal reference.
COVID-19 AND OTHER INFECTIOUS DISEASE. You acknowledge and understand some evidence has shown that COVID-19 and other infectious diseases may cause serious and potentially life-threatening illness and even death. You acknowledge that Total Results Fitness cannot prevent me from becoming exposed to, contracting, or spreading COVID-19 or other infectious disease while utilizing Total Results Fitness services in third-party premises or anywhere else. It is not possible to prevent the presence of any disease. You understand if you choose to utilize recreational or fitness centers or supplemental services or enter into any third-party premises you may be exposing myself to and/or increasing my risk of contracting or spreading COVID-19 or other infectious disease. You understand the above warning concerning COVID-19 or other infectious disease. You hereby choose to accept the risk of contracting COVID-19 or other infectious disease for myself and/or my children, family, friends, or colleagues when you enter potentially risky areas of third-party premises. You acknowledge that given the nature of virus and ease of transmission that there is inherent risk in using the service in high-risk areas or third-party premises. You affirm these services are of such value, that you accept the risk of being exposed to, contracting, and/or spreading COVID-19 or other infectious disease to utilize the services. You hereby forever release and waive my right to bring suit against Total Results Fitness and its owner’s, officers, directors, managers, officials, trustees, agents, employees, or contractors in connection with exposure, infection, and/or spread of COVID-19 or other infectious disease related to utilizing Total Results Fitness services. You understand and acknowledge that Total Results Fitness provides home-based workouts as an option and you may request these workouts at any time.