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These Terms and Conditions ("Agreement") set forth the terms and conditions governing your use of Stairway Fitness ("App") provided by Stairway Fitness, LLC ("Company," "we," or "us"). By accessing or using the App, you acknowledge and agree to be bound by the terms and conditions stated herein. If you do not agree to these terms, you must refrain from using the App.
1. Assumption of Risk:
a. The App provides general fitness information, workouts, and exercise routines for educational and informational purposes only. You understand and acknowledge that your participation in any physical activity, exercise, or fitness program carries inherent risks of injury, including but not limited to, muscle strains, sprains, falls, cardiovascular issues, and other potential bodily harm.
b. You voluntarily assume all risks associated with the use of the App and any activities or exercises recommended or performed through the App. You agree that the Company shall not be liable for any injuries, damages, or losses incurred as a result of your use of the App, including but not limited to injuries resulting from negligence or omissions by the Company or its representatives.
2. User Responsibilities:
a. It is your responsibility to assess your own physical condition and consult with a qualified healthcare professional before engaging in any physical activity or using the App. You should not use the App if you have any health conditions, injuries, or concerns that may be aggravated by physical activity.
b. You are solely responsible for understanding and following the instructions, recommendations, and guidelines provided through the App. You should use the App and participate in the recommended activities and exercises at your own pace and capability, taking into account your physical limitations and fitness level.
c. You acknowledge that the Company does not provide personalized medical advice, and the information provided through the App should not be construed as such. You should always seek professional medical advice for any specific health concerns or conditions.
3. Release and Waiver of Liability:
a. To the fullest extent permitted by law, you hereby release, waive, discharge, and hold harmless the Company, its officers, directors, employees, agents, and affiliates from any and all claims, liabilities, damages, costs, or expenses arising from or in connection with your use of the App or any activities performed based on the information provided through the App.
b. This release and waiver of liability apply to all claims, whether known or unknown, arising out of or related to your use of the App, including but not limited to claims for negligence, breach of contract, or any other legal theory.
4. Intellectual Property:
a. All intellectual property rights in the App, including but not limited to copyrights, trademarks, and patents, shall remain the exclusive property of the Company. You shall not reproduce, distribute, modify, or create derivative works of the App or any content provided through the App without obtaining prior written consent from the Company.
5. Termination:
a. The Company reserves the right, in its sole discretion, to suspend, restrict, or terminate your access to the App at any time, without prior notice, if you fail to comply with these Terms and Conditions or engage in any conduct that may harm the Company's interests.
6. Prohibited Content:
a. You agree not to post, upload, or share any content that is vulgar, offensive, inappropriate, defamatory, discriminatory, or violates any applicable laws or regulations. This includes, but is not limited to, content that is sexually explicit, abusive, harassing, or promotes violence.
b. The Company reserves the right to monitor user-generated content and, at its sole discretion, remove or delete any content that violates these Terms and Conditions or is deemed inappropriate.
7. Account Inactivity and Deletion:
a. Basic accounts that remain inactive and unpaid for a period of one month may be subject to deletion from the platform without prior notice. Inactive accounts are defined as accounts that have not accessed or used the App during the specified period.
b. In the event of account deletion, all data, saved information, and user-generated content associated with the account will be permanently removed and cannot be recovered.
c. To prevent your account from being deleted, you may reactivate your account by logging into the App and making the necessary payments to upgrade your account or extend the subscription period.
8. Online Coaching Disclaimer:
a. The App may offer online coaching services provided by trainers who are members of the Company ("Trainers"). The Company provides a platform to facilitate the provision of online coaching services by Trainers to users of the App.
b. You acknowledge and agree that while the Trainers are members of the Company, they are independent contractors and not employees or agents of the Company. The Company does not endorse or guarantee the accuracy, effectiveness, or safety of the coaching services provided by Trainers.
c. You understand and acknowledge that engaging in online coaching services involves inherent risks of injury or harm. You voluntarily assume all risks associated with your participation in online coaching sessions and agree that neither the Company nor its officers, directors, employees, or agents shall be held liable for any damages, injuries, or losses incurred as a result of the online coaching services provided by Trainers.
d. It is your responsibility to assess the qualifications, certifications, and experience of Trainers before engaging in their coaching services. You should consult with a qualified healthcare professional to determine whether the coaching services provided by a Trainer are appropriate for your individual circumstances and physical condition.
e. Any disputes, claims, or liabilities arising from or in connection with the coaching services provided by Trainers shall be solely between you and the Trainer. The Company shall not be a party to such disputes and shall have no responsibility or liability in relation to them.
9. Membership Commitment:
a. All online coaching memberships offered through the App require a minimum commitment period of three months ("Minimum Commitment Period").
b. By subscribing to an online coaching membership, you agree to maintain the membership for the entire Minimum Commitment Period.
c. Annual memberships require a minimum commitment period of 12 months ("Minimum Commitment Period") with each renewal of the contract
d. If you choose to cancel your membership before the completion of the Minimum Commitment Period, you may be subject to early termination fees or penalties as determined by the Company.
e. The Company reserves the right to modify or waive the Minimum Commitment Period on a case-by-case basis, at its sole discretion, and subject to any applicable terms and conditions.
f. It is your responsibility to review and understand the specific terms and conditions associated with the online coaching membership before subscribing.
10. Refund Policy and Membership Termination:
a. All payments made for memberships are non-refundable. The Company operates under a strict no refund policy for membership fees, including any fees paid for the Minimum Commitment Period.
b. You may choose to terminate your online coaching membership at any time before the day of your contract renewal ("Renewal Date") if you do not wish to continue with the membership.
c. To terminate your membership, you must provide written notice to the Company no later than the day before your Renewal Date. Failure to provide timely notice will result in automatic renewal of your membership for the next billing cycle.
d. Upon termination of your membership, you will retain access to the online coaching services until the end of the billing cycle for which you have already paid.
e. The Company reserves the right to modify or waive the termination notice period on a case-by-case basis, at its sole discretion, and subject to any applicable terms and conditions.
10. Modifications:
a. The Company reserves the right to modify or amend these Terms and Conditions at any time without prior notice. Your continued use of the App following any changes constitutes your acceptance of the modified Terms and Conditions.
By using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with any provision of this Agreement, you should immediately discontinue the use of the App.
Online Coaching Disclaimer:
a. The App may offer online coaching services provided by trainers who are members of the Company ("Trainers"). The Company provides a platform to facilitate the provision of online coaching services by Trainers to users of the App.
b. You acknowledge and agree that while the Trainers are members of the Company, they are independent contractors and not employees or agents of the Company. The Company does not endorse or guarantee the accuracy, effectiveness, or safety of the coaching services provided by Trainers.
c. You understand and acknowledge that engaging in online coaching services involves inherent risks of injury or harm. You voluntarily assume all risks associated with your participation in online coaching sessions and agree that neither the Company nor its officers, directors, employees, or agents shall be held liable for any damages, injuries, or losses incurred as a result of the online coaching services provided by Trainers.
d. It is your responsibility to assess the qualifications, certifications, and experience of Trainers before engaging in their coaching services. You should consult with a qualified healthcare professional to determine whether the coaching services provided by a Trainer are appropriate for your individual circumstances and physical condition.
e. Any disputes, claims, or liabilities arising from or in connection with the coaching services provided by Trainers shall be solely between you and the Trainer. The Company shall not be a party to such disputes and shall have no responsibility or liability in relation to them.
Refund Policy and Membership Termination:
a. All payments made for memberships are non-refundable. The Company operates under a strict no refund policy for membership fees, including any fees paid for the Minimum Commitment Period.
b. You may choose to terminate your online coaching membership at any time before the day of your contract renewal ("Renewal Date") if you do not wish to continue with the membership.
c. To terminate your membership, you must provide written notice to the Company no later than the day before your Renewal Date. Failure to provide timely notice will result in automatic renewal of your membership for the next billing cycle.
d. Upon termination of your membership, you will retain access to the online coaching services until the end of the billing cycle for which you have already paid.
e. The Company reserves the right to modify or waive the termination notice period on a case-by-case basis, at its sole discretion, and subject to any applicable terms and conditions.
Membership Commitment:
a. All online coaching memberships offered through the App require a minimum commitment period of three months ("Minimum Commitment Period").
b. By subscribing to an online coaching membership, you agree to maintain the membership for the entire Minimum Commitment Period.
c. Annual memberships require a minimum commitment period of 12 months ("Minimum Commitment Period") with each renewal of the contract
d. If you choose to cancel your membership before the completion of the Minimum Commitment Period, you may be subject to early termination fees or penalties as determined by the Company.
e. The Company reserves the right to modify or waive the Minimum Commitment Period on a case-by-case basis, at its sole discretion, and subject to any applicable terms and conditions.
f. It is your responsibility to review and understand the specific terms and conditions associated with the online coaching membership before subscribing.
Refund Policy and Membership Termination:
a. All payments made for memberships are non-refundable. The Company operates under a strict no refund policy for membership fees, including any fees paid for the Minimum Commitment Period.
b. You may choose to terminate your online coaching membership at any time before the day of your contract renewal ("Renewal Date") if you do not wish to continue with the membership.
c. To terminate your membership, you must provide written notice to the Company no later than the day before your Renewal Date. Failure to provide timely notice will result in automatic renewal of your membership for the next billing cycle.
d. Upon termination of your membership, you will retain access to the online coaching services until the end of the billing cycle for which you have already paid.
e. The Company reserves the right to modify or waive the termination notice period on a case-by-case basis, at its sole discretion, and subject to any applicable terms and conditions.