Liability Waiver & TERMS OF SERVICE

Liability Waiver

YOUR USE OF THE SERVICES, ANY PRODUCTS, ANY FEATURES ONTHE SERVICES AND ANY CONTENT (INCLUDING GROUP FITNESS LIVE AND ON-DEMANDCLASSES) RELATED TO THE SERVICES IS AT YOUR SOLE RISK AND DISCRETION.

You may not assert claims for money damages arising from the Services, your attendance at a class offered by Strong Body Babes, LLC, or your use of any of the products or services sold on the Website or any associated features against Strong Body Babes, LLC, its affiliates, employees, independent contractors, licensors or service providers, or our respective employees, contractors, officers, directors, managers, representatives and agents.

In consideration of the risk of injury while participating in Strong Body Babes, LLC live and on-demand classes, one-on-one personal training, and nutrition coaching, and as consideration for the right to participate in the classes, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Strong Body Babes, LLC, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, physical injury, psychological injury, and Covid-19, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity.

I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITYAND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OFTHE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING INTHIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL ORPSYCHOLOGICAL INJURY, ILLNESS, PERSONALY INJURY, DISABILITY, ECONOMIC OREMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISEFROM MY OWN OR OTHERS’ NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THECONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS,BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDINGTRAVEL TO, FROM AND DURING THIS ACTIVITY.

I agree to indemnify and hold harmless Strong Body Babes, LLC against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf.

In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should obtain my own health insurance.

This Agreement was entered into voluntarily between two parties of equal bargaining strength. Both the participant and Strong Body Babes, LLC agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.

Terms of Service

 

These Terms of Service (these “Terms”) constitute an agreement between you, the user, and Strong Body Babes, LLC ("we" or "us").  These Terms govern your access to and use of the website located at www.strongbodybabes.com (the “Website”),including any functionality, services and products offered on or through the Website, and any of our other products or services (collectively referred to as the “Services”), whether or not you are a registered user, visitor or have otherwise chosen to access the Services. 

Please read these Terms carefully because they contain provisions that affect your rights and obligations, including a mandatory arbitration provision and a waiver of your right to participate in a class action. By using the Services, you accept and agree to be bound and abide by these Terms and our Privacy Policy (located at (www.strongbodybabes.com), which is incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Services on our website.


Use of Services

You may use the Services only if you agree to form a binding contract with Strong Body Babes, LLC and are not a person barred from receiving Services under the laws of your applicable jurisdiction. You affirm that you are the age of 18 years or older, and that you are freely signing this agreement. If you do not meet these requirements, you must not access or use the Services.

You agree that you will not create an account or use or access the Services if you do not meet the age and eligibility requirements listed in the paragraph above or have been previously removed by Strong Body Babes, LLC or banned from using the Services for any reason.

You acknowledge and confirm that you have read and understand all of the terms, conditions, policies, provisions, disclosures and disclaimers contained herein, these Terms have the same force and effect as a signed agreement, and you expressly accept and agree to be bound by the terms hereof. 

Data Privacy

By agreeing to these Terms, you also consent to our Privacy Policy which is incorporated into these Terms by reference. If you live outside the U.S., by agreeing to these Terms you consent to the transfer and processing of your information in the U.S. in accordance with the Privacy Policy and applicable U.S. law.

Strong Body Babes, LLC disclaims all liability for the disclosure of information that you choose to submit voluntarily. You assume all such risks with regards to your use of the Services.

You agree that all information you provide to register with or use the Services or otherwise is correct, current and complete and is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. 

To the extent that you provide any information, including but not limited to personal information or information related to any transaction or transaction party, through the Services, or access or seek access to any such information through the Services, you represent, warrant and covenant that; you are providing or accessing only your own information or the information of others that you are authorized to provide to third parties, and you have all required consents and permissions required to share such information; the use of such information by Strong Body Babes, LLC and its representatives and users will not infringe upon or misappropriate the intellectual property rights or otherwise violate the rights of any third parties, or violate any applicable law, rule or regulation; and you will not provide any information or otherwise use the Services in a manner that is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that jeopardizes the security of your account in any way.

Payment Information

All payment transactions for services facilitated through our Website are processed by third-party service provider STRIPE, in accordance with STRIPE’s terms of service and privacy policy, available on STRIPE’s website, www.stripe.com. By making a payment transaction for group fitness classes, private training, life coaching, nutrition coaching or any products on our website, you agree to be bound by STRIPE’s terms of service and privacy policy.

All payment transactions for purchases of products and clothing made through our Website are processed by STRIPE, in accordance with STRIPE’s terms of service and privacy policy, available on STRIPE’s website, www.stripe.com.  By making a payment transaction for products or clothing, you agree to be bound by STRIPE’s terms of service and privacy policy.  

To help ensure that your use of our Website is secure, we take reasonable care to make the Website secure. Your payment information is not stored and we do not store credit card data aside from a reference token and the last four digits of the credit card number.  Please note that we take reasonable care to keep all details of your order and payment secure. In the absence of negligence on our part we are not liable for any loss you may suffer if a third party acquires unauthorized access to any information you provide when providing your payment information to the Website.

You acknowledge and agree that all information you provide with regards to a purchase, including, without limitation, credit card information, is accurate, current, and complete.  By providing credit card information you represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including, without limitation, any billing information you provide when completing a transaction. All credit or debit card holders are subject to validation checks and authorization by the issuer.  If the issuer of your payment method refuses to authorize payment, we will not be responsible for any delay in your ability to access and use the Services.  We reserve the right, with or without prior notice, to discontinue or limit the availability or quantity of any product and honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions.

Videos, Classes and Products

To access fitness videos on the Website, you must first buy a class or a series of on-demand classes.  To buy a class or series of classes, you can either sign-up at www.strongbodybabes.com by using your email and creating a password, or if you are already registered, click log in, and follow the prompts to complete a purchase. 

To make a reservation for live group fitness classes, you must first buy a class or a series of classes. By making a purchase and reservation for a group fitness class, you agree to be bound by the terms of service and privacy policy of the applicable third-party service provider SUTRA. You should be aware that classes and series of classes may expire, and future prices are subject to change.

All private training, life coaching and nutrition coaching purchases and reservations are processed through Strong Body Babes, LLC on an individual and separate basis.

To purchase products available for sale on the Website, you must complete the order process on the Website.

If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated immediately.  You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, interest at the rate of 18% per annum, that we may incur in our efforts to collect any unpaid balances from you.

We attempt to be as accurate as possible with respect to item descriptions on the Website, however, we do not warrant that item descriptions, predicted results from using an item or other content of any service is guaranteed.

If a product offered by us itself is not as described, your sole remedy is to return it to us in unused condition and receive a refund for such return, except as otherwise required by law. There are no returns or refunds with respect to class on-demand and live purchases on the Website. 

Third Party Links

When you access third party websites or interact or communicate with third parties you do so at your own risk. Strong Body Babes, LLC is not responsible for the actions, content, information, data, practices, or policies any third parties, including other users. You are solely responsible for your interactions with other users of the Services, and any other parties with whom you interact through the Services. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline interaction with any other person.

If you have a dispute with one or more third-party websites, services or any other users, you release us (and our officers, managers, directors, agents, representatives, employees, independent contractors, subsidiaries, and joint ventures) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use, privacy or data. We reserve the right, but have no obligation, to become involved in any way with these disputes.

User Accounts

If you choose to create an account, you will be asked to provide certain registration details or other information, such as personal information, identifying information, username, password, email address and other information that you add to your profile.  It is a condition of your use of the Services that all the information you provide is accurate, current and complete. You agree that all information you provide to register with or use the Services or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You agree to keep your username and password confidential, and to not share your account with others.  You agree to notify us immediately of any unauthorized access to your username or password or any other breach of security.  You should use particular caution when accessing your account from a public or shared computer so that others are notable to view or record your personal information.

Services

You understand that Strong Body Babes, LLC provides the Services over the Internet, that such connections can be unpredictable, insecure, and unstable, and that Strong Body Babes, LLC cannot guarantee uninterrupted access to the Services. Strong Body Babes, LLC disclaims all liability in connection with any security incidents or breaches arising from or attributable to an Internet and/or data connection. You agree to waive any and all claims against Strong Body Babes, LLC in connection therewith.

As we continue evolving as a company, we will constantly add new services and features to our Website. We reserve the right to add or remove functionalities or features of the Services, and we may suspend or stop a Service altogether. You can stop using our Services at any time. We may also stop providing Services to you, or add or create new limits to our Services or restrict your access to all or a part of the Services at any time without notice or liability.  We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period.  The right to access and use the Services is revoked in jurisdictions where it maybe prohibited, if any.

Licenses Granted

Subject to the payment of any applicable fees and any associated temporal limitations Strong Body Babes, LLC grants you a revocable, non-transferable, non-exclusive, limited and non-assignable license to access and use the Services in accordance with these Terms. Strong Body Babes, LLC reserves all other rights in the Services not expressly granted to you. Strong Body Babes, LLC will provide you with technical support in relation to your use of the Services. 

User Conduct and Guidelines

You may use the Services only for lawful purposes and in accordance with these Terms. Without limiting the generality of the foregoing, you agree to use the Services in accordance with the provisions below:  

     ·    You will only use the Services in accordance with the laws of your jurisdiction for personal, non-commercial purposes.

      ·    You will be respectful and considerate of other users and do your part to make Strong Body Babes, LLC a safe, supportive community for all users.

      ·    You will register for the Services using accurate and current information, and you will not impersonate or attempt to impersonate another user or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of the foregoing).

      ·    You will independently verify the quality, relevance or accuracy of any information provided on the Services.

      ·    You will not use, store, copy, upload, display, post, reproduce, modify, translate, republish, distribute, broadcast, transmit, create derivative works from, display, license, sell or otherwise exploit any part of the Services or content on the Services in any form whatsoever other than as expressly permitted under these Terms.

      ·    You will not use contact information received through the Services for phishing, spamming and other unsolicited communications or data collection.

      ·    You will not use the Services in a manner intended to damage, disable, over burden or impair the Services or to disrupt or interfere with another's use of the Services.

      ·    You will not attempt to circumvent, hack or disable any security or other technological features or measures of the Services or other user accounts, or attempt to probe, scan or test the vulnerability of the network to breach any security or authentication measures.

      ·    You will not use high volume, automated, or electronic means to access the Services(including without limitation robots, spiders or scripts).

      ·    You will not transmit malware, software viruses, Trojan horses, worms or any other malicious application to or through the Services.

      ·    You will not threaten, dox, or otherwise harass other users.

      ·    You will not act in a manner that violates these Terms.

      ·    You will comply with applicable local, state, national or international laws, statutes, ordinances, rules, regulations or ethical codes governing your jurisdiction.

      ·    You will notify us immediately of any content of or interaction with the Services that violates these Terms.

We have the right to: take any action with respect to any user interactions with the Services that we deem necessary or appropriate in our sole discretion, including if we believe that such user interaction with the Services violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create liability for Strong Body Babes, LLC; take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms.

YOU WAIVE AND HOLD HARMLESS STRONG BODY BABES, LLC ANDITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROMANY ACTION TAKEN BY SUCH PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Proprietary Rights

The Services and all past, present and future content of the Services, including all software, hardware and technology used to provide the Services (including our proprietary code and third-party software), user interfaces, materials displayed or performed on the Services, such as text, images, graphics, articles, photographs, illustrations, branding and the design, structure, sequence and “look and feel” of the Services, and all other intellectual property, including all trademarks, service marks, logos, or any other trade name, trademarks, service marks and other distinctive or proprietary brand features of Strong Body Babes, LLC, are owned by Strong Body Babes, LLC, its licensors or other providers of such material, protected by U.S. and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Using our Services does not give you ownership of any intellectual property rights in our Services or any content on the Services. These Terms do not grant you the right to use any of our technology or intellectual property. You may not remove, obscure, or alter any copyright or other legal notices displayed in or along with our Services. 

Term and Termination

These Terms will remain in effect until terminated by you or Strong Body Babes, LLC. We reserve the right to terminate or change the Services or your access to the Services, without notice, at any time and for any reason, including your violation of these Terms or for business reasons. The terms of this agreement survive any termination.

You agree that Strong Body Babes, LLC reserves the right, for any reason and without notice to you, immediately terminate, or otherwise restrict your access to the Services and Website. Strong Body Babes, LLC has no obligation to maintain, store, or transfer your information or data that you have posted on or uploaded to the Services.

Indemnification

You are solely legally liable if your use or misuse of the Services or any associated features causes damage to the Services, to you, or to someone or something else. You agree to defend, indemnify, and hold harmless Strong Body Babes, LLC, its affiliates, licensors and service providers, and our respective employees, contractors, officers, directors, managers, representatives and agents from and against all liabilities, claims, damages, judgment, awards, losses, costs, expenses, fines or fees (including attorney's fees and investigation costs), that arise from or relate to your use or misuse of the Services or violation of these Terms or violation of a third party’s rights. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Choice of Law and Jurisdiction

You agree that the laws of the State of Maryland, your use of the Services, and any claim or dispute that you may have against Strong Body Babes, LLC, without regard to the conflict of laws rules of the State of Maryland. You consent to the personal and exclusive jurisdiction of the state courts of the State of Maryland. You agree that in the event of litigation Venue will be Montgomery County, Maryland. If Strong Body Babes, LLC incurs any expenses associated with litigation or defending a suit, you agree to reimburse Strong Body Babes, LLC.

Binding Arbitration

In the rare event you have a dispute with Strong Body Babes, LLC, we encourage you to contact us immediately so we can work together toward an agreeable resolution to both parties.  If we cannot come to a resolution, you agree that any claims, disputes, demands, counts, controversies, or causes of action between you and Strong Body Babes, LLC, arising out of or relating to these Terms, the Services, including the enforceability of these Terms or our Privacy Policy or information practices will be finally and exclusively resolved by binding arbitration on an individual basis only (except as stated below). The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.

You understand that you are voluntarily waiving your right to have your claims heard in court by a judge or jury. An arbitration award is as enforceable as a court order and is subject to only limited review by a judge. You also understand and agree that this arbitration provision prevents you from participating as a plaintiff or as a class member in any purported class action or representative proceeding.

Severability and Integration

These Terms and any supplemental terms, policies, rules and guidelines posted on the Services constitute the entire agreement between you and Strong Body Babes, LLC If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable Maryland law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

I certify that I have read this agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract that I am signing at my own free will.  

Contact

The Services are operated by Strong Body Babes, LLC. All feedback, suggestions, comments, requests for technical support and other communications relating to the Services should be directed to us at Contact@Strongbodybabes.com.

Changes to these Terms

We may modify these Terms at any time in our sole discretion. We will post notice of changes to these Terms on the Website. Changes will not apply retroactively and will only become effective when you use the Services after you know about the change, or thirty (30) days after they are posted (whichever is sooner). However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. We will also update when the modification was made on the Website accordingly . Your continued use of the Services after the Last Modified Date signifies your consent to the modified Terms. You are responsible for checking this page frequently so you are aware of any changes, as they are binding on you. If the modified Terms are not acceptable to you, you should not access or use the Services after the Last Modified Date.

You certify that you have read this agreement, that you fully understand its content and that these terms be modified orally.