Terms and Conditions

 

Welcome to Projectwelle.com (the “Website”) an in-person and online personal training program owned and operated by PROJECT WELLE, LLC (“PROJECT WELLE”, “PW”, “we”, “us” or “our”) that provides its Members (as defined below) with personal training & fitness coaching sessions available through the gym, a mobile app or a web browser (the “PW Service”). For greater certainty, “PW Service” includes any use of the mobile app or access to resources generated by PW (as defined below) through the mobile app, desktop, or direct coaching. These terms & conditions are a legally binding agreement between you and PW regarding your use of the Website and use and purchase of PW Services. By accessing or using the Website or using or purchasing the PW Service, you acknowledge that you have read, understood, and agree to be bound by these terms & conditions, including any additional guidelines, the PW Privacy Policy, and any future modifications thereto (collectively, the “Agreement”), whether or not you become a member of PW by registering an account for the PW Service (“Member”). P W is a Registered Trademark ® and the PROJECT WELLE name, mark, and type are protected by law.

IF YOU OBJECT TO ANYTHING IN THIS AGREEMENT OR THE PW PRIVACY POLICY, YOU CAN NOT USE THE WEBSITE OR THE PW SERVICE AND YOU SHOULD IMMEDIATELY TERMINATE YOUR USE THEREOF.

 

1. Content on the Website.

 

2. 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 PW Service. You agree to (a) immediately notify PW of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you log out from your account each time you exit your account and after the coaching session. PW 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.

 

3. Term and Termination. PW 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 PW or others. Termination is effective on the date PW 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, PW will not refund the unused portion.

 

4. 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. PW 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 PW, 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.

 

5. Promotions, discounts, and bonus time. PW may periodically run promotions that may include bonus time on dues, discounted rates, or other incentives to enroll in PW services. All incentive programs adhere to the PW terms and conditions. New enrollment incentives are for first-time clients only. Current members may not be eligible for current discounts or promotions. PW 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 PW service you acknowledge and agree you have read and understand the Terms, Conditions, Procedures, Rules & Regulations of PW. 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 PW 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 (PW app), agreement generation, workout programming, or meal planning, whether completed or not. (3) You the buyer acknowledges that there are NO refunds on meal plans and the full published retail price of a PW 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 Projectwelle.com. (4) You also acknowledge that all PW GET WELLE, BE WELLE, STAY WELLE subscription projects are a 30-day contract commitment, and you will be responsible for the term of the agreement. (5) GET WELLE, BE WELLE, STAY WELLE subscription projects 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 sent plans will be validated by the outgoing mail system of PW. (8) You acknowledge that the scheduling of coaching sessions is your responsibility and these sessions do not carry over monthly or accumulate. Each PW project 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, PW may accommodate you for planned absenteeism, emergencies, vacations, or limited terms agreed upon separately from this agreement. Please coordinate with your PW 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.

 

6. Daily 180 Experience Cancellation & Refund. By enrolling in a project and completing a purchase of any PW service you acknowledge and agree you have read and understand the Terms, Conditions, Procedures, Rules & Regulations of PW. 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 PW on your behalf within the 5-day cancellation term. This includes communication, administration, or any activity related to your program including technology service set-up (PW app), agreement generation, workout programming, or meal planning, whether completed or not. (3) You the buyer acknowledge that there are NO refunds on the Daily 180 Transformation Experience, and you are responsible for adhering to the project. (4) You acknowledge that the scheduling of coaching sessions is your responsibility and these sessions do not carry over monthly or accumulate. Each PW project includes a set monthly series of coaching sessions, and they expire at the end of each week and are non-refundable. However, PW 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.

 

7. After selecting the subscription or 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 project 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. PW 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 PW 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.

 

8. Individual Features and PW Services. When using the Website and/or the PW 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.

 

9. Privacy Policy. Your privacy is important to us. The PW Privacy Policy (“Privacy Policy”) is hereby incorporated into this Agreement by reference. Please read the Privacy Policy carefully for details relating to the collection, use, and disclosure of your personal information.

 

10. 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 PW Service. Membership in the PW Service is

restricted to natural persons. Membership to the PW Service is void where prohibited. By using the PW 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. PW, and its licensors, own and retain all proprietary rights in the Website and/or the PW Service. The Website and/or the PW Service contains content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services, and other elements of the PW Service (the “PW 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 PW Materials. PW Materials do not include User Content (as defined below) or other content submitted by Users. PW retains all rights not expressly granted in this Agreement. You shall not acquire any right, title, or interest to the Website, the PW Service or PW 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 PW Service, but not directly by PW, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. PW does not: (i) guarantee the accuracy, integrity, quality, legality, safety, completeness, or usefulness of any information on the Website and/or the PW 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 PW Service. Under no circumstances will PW 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 PW Service or transmitted to or by any Users or Members.

• Health Information. The information provided through the Website and/or the PW Service may contain general health information. THIS WEBSITE AND/OR PW 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 healthcare 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 FORGE SERVICE. You represent that you are in the good physical condition and may have no medical reason, impairment, or disability that vie might prevent you from using all PW programs or services. As such, you acknowledge that PW 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.

 

11. Content Posted by You on the Website and/or the PW 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 PW Service or transmit to other Users and/or Members through any media form.

• Moderating Content. You understand and agree that PW 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 PW, 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 PW Service, you automatically grant, and you represent and warrant that you have the right to grant, to PW, 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 PW Service a non-exclusive license to access your User Content, in each case as permitted by the functionality of the Website and/or the PW 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 PW Service, to authorize PW to use the User Content in the manner contemplated by PW and this Agreement, and to grant the rights and licenses set forth above, (ii) the public posting and use of your User Content by PW 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 PW Service. PW 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 PW 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 the information provided to PW, subsequently becomes inaccurate, misleading, or false, you will promptly notify PW of such change.

• Prohibited Activities. PW reserves the right to investigate and terminate your membership if you have misused the Website and/or the PW 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 PW Service:

  • You will not use the Website or the PW 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 PW 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 PW 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 PW Service;

  • You will not interfere with or disrupt the Website and/or the PW Service or the servers or networks connected to the Website and/or the PW 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 PW headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Website and/or the PW Service;

  • You will not “frame” or “mirror” any part of the Website and/ or the PW Service or the Website and/or the PW Service, without PW’s prior written authorization. You also shall not use meta tags or code or other devices containing any reference to PW, the Website, or the PW 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 PW Service or any software used on or for the Website or the PW Service or cause others to do so.

 

12. Modifications to the Website and/or the PW Service. PW reserves the right at any time to modify or discontinue, temporarily or permanently, the Website and/or the PW Service (or any part thereof) with or without notice. You agree that PW shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website and/ or the PW Service.

 

13. Blocking of IP Addresses. To protect the integrity of the Website and/or the PW Service, PW 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 PW Service.

 

14. Copyright Policy.

• The PW logo and name are a Registered Trademark ® (need number) and are protected by law. Please submit usage requests to info@projectwelle.com.

• Infringement Notice. It is PW’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 PW Service infringes your copyrights, please contact us at the address provided below.

• Repeat Infringer. Please note that PW will promptly terminate without notice any User’s or Member’s access to the Website and the PW Service if that User or Member is determined by PW to be a “repeat infringer.” A “repeat infringer” is a User or Member who has been notified by PW 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 PW Service more than twice.

 

15. Results Not Guaranteed

• PW DOES NOT GUARANTEE

  ANY RESULTS FROM THE USE OF THE WEBSITE AND/OR THE FORGE SERVICE. PW DOES NOT ENDORSE ANY FITNESS OR NUTRITION PROGRAM OFFERED THROUGH THE WEBSITE AND/OR THE PW 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 PW SERVICE ARE SOLELY ATTRIBUTABLE TO THE FITNESS PROFESSIONAL OR USER. PW 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, PW, 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 PW SERVICE IS AT YOUR SOLE RISK AND THAT ANY ADVICE THAT MAY BE POSTED ON THE WEBSITE AND/OR THE FORGE SERVICE IS FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND WILL NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. THE WEBSITE AND/OR THE PW 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 FORGE 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. PW IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON OR IN CONNECTION WITH THE WEBSITE AND/OR THE PW SERVICE, WHETHER CAUSED BY USERS, MEMBERS, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE WEBSITE AND/OR THE PW SERVICE. FORGE 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. PW 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 PW SERVICE.

• User and Member Conduct. PW IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR MEMBER. UNDER NO CIRCUMSTANCES WILL PW 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 PW SERVICE, ANY CONTENT POSTED ON THE WEBSITE AND/OR THE PW SERVICE OR TRANSMITTED TO USERS OR MEMBERS, OR ANY INTERACTIONS BETWEEN USERS OR MEMBERS, WHETHER ONLINE OR OFFLINE. PW 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.

 

16. Links and Third-Party PW Services. The Website and/or the PW Service may provide, or third parties may provide, links or functionality in the Website and/or the PW Service to other websites or third-party resources (“Third Party PW Services”). Because PW has no control over 6Third Party PW Services, you acknowledge and agree that PW is not responsible for the availability of the Third-Party PW 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 PW Services. You further acknowledge and agree that PW 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 PW 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 PW Services.

 

17. 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. PW IS NOT LIABLE FOR ANY PERSONAL INJURY OR DEATH THAT RESULTS FROM THE USE OF THE WEBSITE AND/OR THE PW SERVICE INCLUDING PARTICIPATION IN ONLINE TRAINING SESSIONS. YOU RELEASE PW FROM ALL LIABILITY FOR INJURY OR DEATH THAT RESULTS FROM YOUR PARTICIPATION IN A TRAINING SESSION OR USE OF THE WEBSITE AND/OR THE PW SERVICE. Members should consult a physician before beginning the use of the PW Service or any exercise project 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 PW SERVICE FOR ANY DANGEROUS CONDITIONS. IN CASES WHERE APPLICABLE LAW DOES NOT ALLOW THE ABOVE RELEASE OF LIABILITY, PW’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 PW 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 PW has been advised of the possibility of such damages. In cases where applicable law does not allow the above limitation of liability, PW’s liability will be limited to the extent permitted by applicable laws.

• Nutrition and Fitness Disclaimer: The nutrition advice given by PW 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 PW provides general nutrition education and coaching and is not a medically supervised program. You understand any menu program created for you by PW 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 PW is intended to cure, prevent, diagnose, alleviate, or treat any medical conditions, disease, physical or mental. You understand that PW 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 PW 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 PW which may include but may not be limited to nutrition planning and personalized coaching. In consideration of PW's agreement to assist me, you do here and forever release and discharge and hereby hold harmless PW 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 PW 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.

 

18. Indemnity by You. You agree to indemnify and hold PW, 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 PW 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. PW reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify PW and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of PW. PW will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

 

19. PW 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 PW Service are controlled and operated by us and this Agreement, this Website, the PW Service, and any use of the Website or the PW 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 PW 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 PW 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 PW as set forth in Section 4 above.

• If any provision of this Agreement shall be unlawful, void, or for any reason is 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 PW 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 PW AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE AND/ OR THE FORGE 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 PW contractors or staff may be recorded for quality and training purposes with or without notice. You hereby give permission to PW to record my coaching calls and understand that copies of your coaching calls may be requested for personal reference.

• COVID-19 AND OTHER INFECTIOUS DISEASES. 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 PW cannot prevent me from becoming exposed to, contracting, or spreading COVID-19 or other infectious diseases while utilizing PW services on 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 yourself to and/or increasing your risk of contracting or spreading COVID-19 or other infectious diseases. You understand the above warning concerning COVID-19 or other infectious diseases. You hereby choose to accept the risk of contracting COVID-19 or other infectious diseases 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 the virus and ease of transmission that there is an 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 diseases to utilize the services. You hereby forever release and waive my right to bring suit against PW and its owners, 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 PW services. You understand and acknowledge that PW provides home-based workouts as an option and you may request these workouts at any time.

 

20. How to Contact Us If you have any questions, comments, or concerns about these Terms & Conditions, Privacy Policy, or the information collection and usage practices of this Website, please contact us during PW administrative business hours, Monday through Thursday, 9:30 AM – 1:30 PM Pacific Standard Time. Email: Info@Projectwelle.com