Terms and Conditions
Content on the Website.
Account Security. You are responsible for maintaining the confidentiality of the username and password that you use to register for, purchase and/or use the LIFEREHABFITNESS Service. You agree to (a) immediately notify LIFEREHABFITNESS of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you logout from your account each time you exit your account and after training session. LIFEREHABFITNESS will not be liable for any loss or damage arising from your failure to comply with this provision. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Term and Termination. LIFEREHABFITNESS may, at its option, terminate your membership if (1) the monthly EFT payments are interrupted or discontinued for any reason and you or your co-signer do not provide an acceptable alternative, (2) you violate any part of this agreement or (3) your conduct is improper or harmful to the best interest of LIFEREHABFITNESS or others. Termination is effective on the date LIFEREHABFITNESS emails a written notice to your last known email 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, LIFEREHABFITNESS will not refund unused portion.
Your Interactions with Other Members. Interactions with Other users and Members. You are solely responsible for your interactions with other users of the Website (“Users”) or Members. LIFEREHABFITNESS 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 LIFEREHABFITNESS, its affiliates, contractors, employees, agents or third party partners or suppliers from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your interaction with other Users or Members.
Promotions, discounts and bonus time. LIFEREHABFITNESS may periodically run promotions that may include bonus time on dues, discounted rates or other incentives to enroll in LIFEREHABFITNESS services. All incentive programs adhere to the LIFEREHABFITNESS terms and conditions. New enrollment incentives are for first time clients only. Current members may not be eligible for current discounts or promotions. LIFEREHABFITNESS 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.
CANCELLATION AND REFUND: By enrolling in any program and completing a purchase of any LIFEREHABFITNESS service you acknowledge and agree you have read and understands the Terms, Conditions, Procedures, Rules & Regulations of LIFEREHABFITNESS. You also acknowledge and agree to the following no refund policy: (1) Enrollment is defined by submitting your first payment. Once enrolled LIFEREHABFITNESS will not issue a refund due to services rendered in customizing your program. By purchasing LIFEREHABFITNESS programs you acknowledge our no refund policy (2 ) You also acknowledge that all LIFEREHABFITNESS BASIC, COMPLETE AND PREMIUM subscription programs are a 30-Day contract commitment and you will be responsible for the term of the agreement. (3) LIFEREHABFITNESS BASIC, COMPLETE AND PREMIUM subscription programs may be canceled with written 10-day notice as indicated above and no refunds will be granted. (3) 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. (4) There are NO refunds on any delivered meal plan and verification of sent plans will be validated by the outgoing mail system of LIFEREHABFITNESS. (5) You acknowledge that the scheduling of coaching sessions is your responsibility and these sessions do not carry over monthly or accumulate. Each LIFEREHABFITNESS program includes a set monthly series of coaching sessions and they expire at the end of each billing cycle and are non-refundable. However, LIFEREHABFITNESS may accommodate you for planned absenteeism, emergencies, vacations or limited terms agreed upon separately from this agreement. Please coordinate with LIFEREHABFITNESS for such accommodation.
Modification of Terms. LIFEREHABFITNESS 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 LIFEREHABFITNESS 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: December, 2020.
Individual Features and LIFEREHABFITNESS Services. When using the Website and/or the LIFEREHABFITNESS 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.
Eligibility. 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 LIFEREHABFITNESS Service. Membership in the LIFEREHABFITNESS Service is restricted to natural persons. Membership to the LIFEREHABFITNESS Service is void where prohibited. By using the LIFEREHABFITNESS 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. LIFEREHABFITNESS, and its licensors, own and retain all proprietary rights in the Website and/or the LIFEREHABFITNESS Service. The Website and/or the LIFEREHABFITNESS Service contains content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services and other elements of the LIFEREHABFITNESS Service (the “ LIFEREHABFITNESS 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 LIFEREHABFITNESS Materials. LIFEREHABFITNESS Materials do not include User Content (as defined below) or other content submitted by Users. LIFEREHABFITNESS retains all rights not expressly granted in this Agreement. You shall not acquire any right, title or interest to the Website, the LIFEREHABFITNESS Service or LIFEREHABFITNESS 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 LIFEREHABFITNESS Service, but not directly by LIFEREHABFITNESS, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. LIFEREHABFITNESS does not: (i) guarantee the accuracy, integrity, quality, legality, safety, completeness, or usefulness of any information on the Website and/or the LIFEREHABFITNESS 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 LIFEREHABFITNESS Service. Under no circumstances will LIFEREHABFITNESS 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 LIFEREHABFITNESS Service or transmitted to or by any Users or Members.
Health Information. The information provided through the Website and/or the LIFEREHABFITNESS Service may contain general health information. THIS WEBSITE AND/OR LIFEREHABFITNESS SERVICE DOES NOT PROVIDE MEDICAL DIAGNOSIS FOR ANY INDIVIDUAL AND MUST NOT BE USED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR CARE. All specific medical questions you may have about your specific medical condition, treatment, care, or diagnosis must be presented to your health care professional. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING PROFESSIONAL ADVICE BECAUSE OF ANY INFORMATION CONTAINED IN OR RELATED TO THE WEBSITE AND/OR THE FORGE SERVICE. You represent that you are in good physical condition and may have no medical reason, impairment, or disability that might prevent you from using all LIFEREHABFITNESS programs or services. As such, you acknowledge that LIFEREHABFITNESS did not give you medical advice before you enrolled, and cannot give you any after you enroll, or discuss them with your doctor before participating in any programming.
Content Posted by You on the Website and/or the LIFEREHABFITNESS 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 LIFEREHABFITNESS Service or transmit to other Users and/or Members through any media form.
Moderating Content. You understand and agree that LIFEREHABFITNESS 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 LIFEREHABFITNESS , 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 LIFEREHABFITNESS Service, you automatically grant, and you represent and warrant that you have the right to grant, to LIFEREHABFITNESS, 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 LIFEREHABFITNESS Service a non-exclusive license to access your User Content, in each case as permitted by the functionality of the Website and/or the LIFEREHABFITNESS 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 LIFEREHABFITNESS Service, to authorize LIFEREHABFITNESS to use the User Content in the manner contemplated by LIFEREHABFITNESS and this Agreement, and to grant the rights and licenses set forth above, (ii) the public posting and use of your User Content by LIFEREHABFITNESS 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 LIFEREHABFITNESS Service. LIFEREHABFITNESS 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 LIFEREHABFITNESS Service and terminating the membership of such violators. It includes, but is not limited to, User Content that:
is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, profane, offensive, sexually oriented, racially offensive, defamatory or libelous;
promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other Users or Members; or
engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
Member Profile. All information you include in your member profile, including without limitation the information in your billing account, must be accurate, current and complete. If information provided to LIFEREHABFITNESS, subsequently becomes inaccurate, misleading or false, you will promptly notify LIFEREHABFITNESS of such change.
Prohibited Activities. LIFEREHABFITNESS reserves the right to investigate and terminate your membership if you have misused the Website and/or the LIFEREHABFITNESS Service, or behaved in a way which 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 LIFEREHABFITNESS Service:
You will not use the Website or the LIFEREHABFITNESS 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 LIFEREHABFITNESS 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 LifeRehabFitness 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 LifeRehabFitness Service;
You will not interfere with or disrupt the Website and/or the LifeRehabFitness Service or the servers or networks connected to the Website and/or the LifeRehabFitness 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 FORGE headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Website and/or the FORGE Service;
You will not “frame” or “mirror” any part of the Website and/or the LifeRehabFitness Service or the Website and/or the LifeRehabFitness Service, without LifeRehabFitness prior written authorization. You also shall not use meta tags or code or other devices containing any reference to LifeRehabFitness , the Website or the LifeRehabFitness 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 LifeRehabFitness Service or any software used on or for the Website or the LifeRehabFitness Service or cause others to do so.
Modifications to the Website and/or the LifeRehabFitness Service. LifeRehabFitness reserves the right at any time to modify or discontinue, temporarily or permanently, the Website and/or the LifeRehabFitness Service (or any part thereof) with or without notice. You agree that LifeRehabFitness shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website and/or the FORGE Service.
Blocking of IP Addresses. To protect the integrity of the Website and/or the LifeRehabFitness Service, LifeRehabFitness 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 LifeRehabFitness Service.
Results Not Guaranteed. LIFEREHABFITNESS DOES NOT GUARANTEE ANY RESULTS FROM USE OF THE WEBSITE AND/OR THE FORGE SERVICE. LIFEREHABFITNESS DOES NOT ENDORSE ANY FITNESS OR NUTRITION PROGRAM OFFERED THROUGH THE WEBSITE AND/OR THE LIFEREHABFITNESS 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 LIFEREHABFITNESS SERVICE ARE SOLELY ATTRIBUTABLE TO THE FITNESS PROFESSIONAL OR USER. LIFEREHABFITNESS 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, FORGE, 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 LIFEREHABFITNESS 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 FORGE 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. LIFEREHABFITNESS IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON OR IN CONNECTION WITH THE WEBSITE AND/OR LIFEREHABFITNESS SERVICE, WHETHER CAUSED BY USERS, MEMBERS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE WEBSITE AND/OR THE LIFEREHABFITNESS SERVICE. LIFEREHABFITNESS 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. LIFEREHABFITNESS 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 FORGE SERVICE.
User and Member Conduct. LIFEREHABFITNESS IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR MEMBER. UNDER NO CIRCUMSTANCES WILL LIFEREHABFITNESS 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 FORGE SERVICE, ANY CONTENT POSTED ON THE WEBSITE AND/OR THE FORGE SERVICE OR TRANSMITTED TO USERS OR MEMBERS, OR ANY INTERACTIONS BETWEEN USERS OR MEMBERS, WHETHER ONLINE OR OFFLINE. FORGE IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANY EVENTS OR ACTIONS OCCURRING AT VENUES OR ANY INTERACTION BETWEEN A USER OR MEMBER AND ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION EMPLOYEES OF A VENUE OR OTHER PATRONS OF A VENUE.
Links and Third-Party FORGE Services. The Website and/or the LIFEREHABFITNESS Service may provide, or third parties may provide, links or functionality in the Website and/or the LIFEREHABFITNESS Service to other websites or third-party resources (“Third Party LIFEREHABFITNESS Services”). Because LIFEREHABFITNESS has no control over Third Party LIFEREHABFITNESS Services, you acknowledge and agree that LIFEREHABFITNESS is not responsible for the availability of the Third-Party LIFEREHABFITNESS 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 LIFEREHABFITNESS Services. You further acknowledge and agree that LIFEREHABFITNESS 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 LIFEREHABFITNESS 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 LIFEREHABFITNESS Services.
Release of Liability for Injury or Death; Limitation on Liability; Damages.
Release of Liability for Injury or Death. YOUR PARTICIPATION IN ONLINE TRAINING SESSIONS OR OTHER PROGRAMS THROUGH THE WEBSITE AND/OR IS AT YOUR OWN RISK. Exercise programs of any kind represent an inherent danger to participants. LIFEREHABFITNESS IS NOT LIABLE FOR ANY PERSONAL INJURY OR DEATH THAT RESULTS FROM USE OF THE WEBSITE AND/OR THE FORGE SERVICE INCLUDING PARTICIPATION IN ONLINE TRAINING SESSIONS. YOU RELEASE LIFEREHABFITNESS FROM ALL LIABILITY FOR INJURY OR DEATH THAT RESULTS FROM YOUR PARTICIPATION IN A TRAINING SESSION OR USE OF THE WEBSITE AND/OR THE LIFEREHABFITNESS SERVICE. Members should consult a physician before beginning use of the LIFEREHABFITNESS Service or any exercise program or training session. Not all exercise programs or training sessions are appropriate for all Members. PLEASE CHECK ALL EQUIPMENT AND THE AREA IN WHICH YOU ARE USING THE LIFEREHABFITNESS SERVICE FOR ANY DANGEROUS CONDITIONS. IN CASES WHERE APPLICABLE LAW DOES NOT ALLOW THE ABOVE RELEASE OF LIABILITY, FORGE’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 LIFEREHABFITNESS 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 LIFEREHABFITNESS has been advised of the possibility of such damages. In cases where applicable law does not allow the above limitation of liability, LIFEREHABFITNESS liability will be limited to the extent permitted by applicable laws.
Nutrition and Fitness Disclaimer: The nutrition advice given by LIFEREHABFITNESS 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 LIFEREHABFITNESS provides general nutrition education and coaching and is not a medically supervised program. You understand any menu program created for you by LIFEREHABFITNESS is simply a recommendation and you are volunteering to participate or follow advice, meal plans or exercises suggestions. You understand that no service or program provided by LIFEREHABFITNESS is intended to cure, prevent, diagnose, alleviate or treat any medical conditions, disease, physical or mental. You understand that LIFEREHABFITNESS is in a licenses agreement with a third-party provider of nutrition and meal planning services and all meal plans are populated by that party for LIFEREHABFITNESS 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 LIFEREHABFITNESS which may include but may not be limited to nutrition planning and personalized coaching. In consideration of LIFEREHABFITNESS agreement to assist me, you do here and forever release and discharge and hereby hold harmless LIFEREHABFITNESS 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 there from. 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 LIFEREHABFITNESS responsible for food and medication reactions. You also understand the food suggestion plan you receive will not take your medications into consideration. If you are on medications, you are responsible to consult with your doctor before starting a new diet plan. If you are pregnant or lactating, have high cholesterol, high blood pressure, high blood sugar, diabetes, renal disease, gastric by-pass surgery a family history of gout or any other medical condition that requires special dietary restrictions, you must receive permission from your physician before participating in the specific nutrition program designed for your use, or may be advised to seek help from another health professional.
Indemnity by You. You agree to indemnify and hold LIFEREHABFITNESS , 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 LIFEREHABFITNESS 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. LIFEREHABFITNESS reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify LIFEREHABFITNESS and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of LIFEREHABFITNESS . LIFEREHABFITNESS will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Notice. LIFEREHABFITNESS 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 LIFEREHABFITNESS Service are controlled and operated by us and this Agreement, this Website, the LIFEREHABFITNESS Service and any use of the Website or the LIFEREHABFITNESS 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.
Waiver. 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 LIFEREHABFITNESS 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 LIFEREHABFITNESS 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 LIFEREHABFITNESS as set forth in Section 3 above.
Severability. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
Assignment. The Agreement and any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by LIFEREHABFITNESS without restriction. Any assignment attempted to be made in violation of this Agreement shall be void.
Headings. 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.
Claims. YOU AND FORGE 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.
COVID-19 AND OTHER INFECTIOUS DISEASE. You acknowledge and understand some evidence has shown that COVID-19 and other infectious diseases may cause serious and potentially life-threatening illness and even death. You acknowledge that LIFEREHABFITNESS cannot prevent me from becoming exposed to, contracting, or spreading COVID-19 or other infectious disease while utilizing LIFEREHABFITNESS services in third-party premises or anywhere else. It is not possible to prevent the presence of any disease. You understand if you choose to utilize recreational or fitness centers or supplemental services or enter into any third-party premises you may be exposing myself to and/or increasing my risk of contracting or spreading COVID-19 or other infectious disease. You understand the above warning concerning COVID-19 or other infectious disease. You hereby choose to accept the risk of contracting COVID-19 or other infectious disease for myself and/or my children, family, friends, or colleagues when you enter potentially risky areas of third-party premises. You acknowledge that given the nature of virus and ease of transmission that there is inherent risk in using the service in high-risk areas or third-party premises. You affirm these services are of such value, that you accept the risk of being exposed to, contracting, and/or spreading COVID-19 or other infectious disease to utilize the services. You hereby forever release and waive my right to bring suit against LIFEREHABFITNESS and its owner’s, officers, directors, managers, officials, trustees, agents, employees, or contractors in connection with exposure, infection, and/or spread of COVID-19 or other infectious disease related to utilizing LIFEREHABFITNESS services. You understand and acknowledge that LIFEREHABFITNESS provides home-based workouts as an option and you may request these workouts at any time.