Pappas Fit Terms and Conditions
GROUP PROGRAM AGREEMENT
Pappas Fit
This Group Program Agreement (hereinafter referred to as the “Agreement”) dated on the initial purchase of the Pappas Fit Program (hereinafter referred to as the “Effective Date”), made by and between Pappas Fitness, LLC (hereinafter known as the “Company”) and the purchasing client (hereinafter referred to as the “Client”). Together, the Company and the Client are collectively referred to herein as the “Parties”.
WHEREAS, the Company provides fitness coaching and programming (“Services”); and
WHEREAS, the Client wishes to retain the Company and accepts the terms of the Agreement as set forth herein for the Company to provide such Services.
NOW THEREFORE, in consideration of the mutual covenants stated herein, the Parties agree as follows:
1. DESCRIPTION OF SERVICES
The Company agrees to provide fitness coaching and programming for the Pappas Fit Program (hereinafter referred to as the “Program”). The Program includes:
● Workouts delivered on a weekly basis via the Trainerize app. Workouts to include but not limited to: video demonstration of exercises, in app timer where needed to guide the client through workouts.
● Access to a community group page in Trainerize to interact with other Pappas Fit members
● Year to date workouts beginning in August 2021
● Support and check ins from the program coach
● The Client can ask questions or receive email support by contacting Jenn at info@jennpappas.com
The Program runs on a reoccurring monthly basis until cancelled by the client and begins on the date of purchase.
2. DISCLAIMER
The Client understands that the Company is a certified Personal Trainer and certified Nutrition Coach.
The Company is not a nutritionist, therapist, or licensed medical professional, and therefore the Client needs to discuss and clear any and all changes to the Client’s lifestyle, food intake, exercise regimen, or medical treatment with his/her physician before implementing changes or habits suggested by the Company. The Client confirms that s/he has or will discuss any and all changes to his/her diet, exercise regimen, supplements, medications, or lifestyle with his/her physician or qualified medical professional before implementing any suggested or offered changes, additions, or alterations to his/her lifestyle. The Client understands that the Company is not a nutritionist, physician, medical professional, and/or a psychotherapist or psychologist].
Further, the Company has not promised, nor shall she be obligated to: (1) act as a therapist by providing psychological counseling, psychoanalysis or behavioral therapy, (2) assist anyone with a serious medical condition to resolve, manage, or improve that medical condition, and/or (3) assist anyone not under the care of a physician or medical professional while implementing healthy changes in his/her life.
3. EXPECTATIONS
The Company requests the Client to:
● Participate in workouts delivered via the Trainerize app
● If participating in the community group, to be kind, respectful and thoughtful of others in the group. This includes refraining from vulgar language, controversial topics, harassment of other program members, etc.
● Agree and consent not to do any of the following:
■ Abuse or harass any person through or in the community group.
■ Post or transmit obscene, offensive, libelous, defamatory, pornographic, or abusive content, as well as content that infringes our intellectual property rights or those of another person, website, or company.
■ Use the Program in any way or for any purpose which violates any law of the United States and the jurisdiction in which you use the Program.
■ Post or transmit any “spam” or unwanted, unsolicited content.
■ Post copyrighted materials, photographs, or content which do not belong to you.
■ Promote or sell your own content, services, or products through the community group, or the content, services, or products of anyone else other than us.
■ Copy, download, share, post, or transmit our intellectual property in any way that infringes on our intellectual property rights.
4. TERM
The Program is reoccurring until cancelled by the client and begins on the date of purchase (the “Term”). The Client understands that the Parties do not have a relationship after the end of the Program. If the Parties choose to continue their relationship in any way, a separate and distinct agreement will be entered into and agreed upon.
5. TERMINATION
The Company is committed to providing the Client with a positive experience in the Program. By agreeing to and signing the Agreement, the Client understands that the Company may, in its sole discretion, terminate the Agreement and limit, suspend, and/or terminate the Client’s participation in the Program without a refund or forgiveness of monthly payments if the Client becomes disruptive or violates any term of the Agreement.
If the Client chooses to terminate the Agreement at any time, no refunds will be issued.
6. PAYMENT
The total price of the Program is is $30/month on a reoccurring basis until cancelled by client. The Client shall pay via credit card at the time of purchase and on the same day each month prior to maintain program access.
7. REFUND POLICY
The Client is responsible for the full payment, $30/month until cancelled by client, regardless of whether the Client completes or participates fully in the Program. NO REFUNDS will be issued once the Program begins.
8. CONFIDENTIALITY
The Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by either party throughout the Term of the Program (“Confidential Information”). Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own Confidential Information. The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction. Both Parties agree that any and all Confidential Information learned as of the Effective Date shall survive the termination, revocation, or expiration of the Agreement.
Notwithstanding anything in the foregoing, in the event that the Client is required by law to disclose any of the Confidential Information, the Client will (i) provide the Company with prompt notice of such requirement prior to the disclosure, and (ii) give the Company all available information and assistance to enable the Company to take the measures appropriate to protect the Confidential Information from disclosure.
9. NON-DISCLOSURE OF COMPANY MATERIALS
Material given to the Client in the course of the Program is proprietary, copyrighted and developed specifically for and by the Company. The Client agrees that such proprietary material is solely for the Client’s own personal use. Any disclosure to a third party is strictly prohibited.
The Company’s Program is copyrighted and the original materials that have been provided to the Client are for the Client's individual use only and are granted as a single-user license. The Client is not authorized to re-sell, share, or use for profit any of the Company’s intellectual property. All intellectual property, including the Company’s copyrighted program and/or course materials, shall remain the sole property of the Company. No license to sell or distribute the Company’s materials is granted nor implied.
Further, by signing below, the Client agrees that if the Client violates, or displays any likelihood of violating, any of the Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
10. INDEMNIFICATION
Client agrees to indemnify and hold harmless the Company, its affiliates, officers, directors, agents, employees, representatives, successors, independent contractors, and assigns from all direct and third party claims, demands, losses, causes of action, damages, lawsuits, expenses, fees, including attorneys’ fees, costs, and judgments that may be asserted against the Company, by any third parties that result from the errors, negligence, acts, and/or omissions of the Client and/or the Company.
11. ARBITRATION
Any controversy or claim between the Parties shall be settled by arbitration before a single, mutually agreed upon arbitrator under the then current rules of the American Arbitration Association (“AAA”). If the Parties cannot agree upon an arbitrator, then each party shall appoint one arbitrator and then both arbitrators, in turn, shall appoint a third neutral arbitrator to hear the matter. The decision and award of the arbitrator shall be final and binding and the award so rendered may be entered in a state court of Maryland. The arbitration hearing shall be held in the state of Maryland. Each party shall pay its own costs and expenses related to the arbitration, and shall split the cost of the arbitrator equally. The arbitrator will have no authority to award punitive or other non-compensatory damages to either party. No damages excluded by or in excess of any damage limitations set forth in this Agreement shall be awarded. The sole remedy for the Client shall be a refund of any amount paid to the Company.
12. APPLICABLE LAW + VENUE
This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Maryland, United States as they apply to contracts entered into and wholly to be performed in the State of Maryland, United States. The Federal and State courts within the State of Maryland, United States shall have exclusive jurisdiction to adjudicate any dispute arising out of or from this Agreement.
13. ENTIRE AGREEMENT; AMENDMENT; HEADINGS
The Agreement constitutes the entire agreement between the Parties with respect to their relationship, and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement. No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth by writing, specifying such waiver, consent, or amendment, signed by both parties.
The headings of Sections in the Agreement are provided for convenience only and shall not affect its construction or interpretation.
14. COUNTERPARTS
The Agreement may be executed in one or more counterparts (including by means of mail or electronic mail/e-mail via PDF), each of which shall be deemed an original, but all of which together will constitute one and the same instrument.
15. SEVERABILITY
The provisions of the Agreement shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of the Agreement shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Agreement as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.
16. WAIVER
The waiver or failure of the Company to exercise waiver in any respect, for any right provided herein, shall not be deemed a waiver of any further right pursuant to the Agreement.
17. NO ASSIGNMENT
The Agreement may not be assigned by either of the Parties without the express, written consent in advance of the other Party.
18. FORCE MAJEURE
In the event that any cause beyond the reasonable control of either of the Parties, including, but not limited to: acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under the Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
19. NO GUARANTEES, WARRANTIES OR REPRESENTATIONS
The Client understands and agrees that the Client is 100% entirely responsible for his/her progress and results experienced from the Program. The Company will help guide and support the Client, but the Client’s participation in, and dedication to, the Program is one of many vital elements to the Program’s success.
The Company has not and does not make any warranties, guarantees, or representations, verbally or in writing, regarding the Client’s performance, results, income, revenue, or success. The Client understands that due to the nature of the Program, the results experienced by each Client may vary. The Company does not make any guarantees other than that the Services offered in the Program shall be provided to the Client in accordance with the terms of the Agreement.
BY PURCHASING THIS PROGRAM, I HEREBY CERTIFY THAT I, THE CLIENT, HAVE READ AND AGREED TO THE AGREEMENT AS STATED ABOVE.
[END OF AGREEMENT]