Terms of Use
Live Fitness Class
Please read the Terms of Use for the Program carefully and in their entirety before purchasing and participating in Live Fitness Class hereinafter referred to as the “Program”). The Program and its content are owned by Kathryn Blaze and/or Kathryn Blaze Fitness LLC.
1. Definitions:
“Company”, “We”, “I”, “Our”, “Coach” or “Us” means Kathryn Blaze and/or Kathryn Blaze Fitness LLC.
“Participation”, “Participating”, “Using”, or “Use” means attending, implementing, trying or otherwise engaging in the Program.
“You” “User” “Client” or “Your” means the purchaser and person participating in the Program.
2. Consent:
By participating in the Program, you implicitly and voluntarily agree to act in accordance with, and abide by, these Terms of Use.
3. DISCLAIMER:
The Client understands that the Coach is a personal trainer and fitness instructor.
The Coach 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 Coach. 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 Coach is not a nutritionist, physician, medical professional, and/or a psychotherapist or psychologist.
Further, the Coach 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.
4. Assumption of the Risk:
YOU MUST ENSURE YOU ARE PHYSICALLY CLEARED BY YOUR PHYSICIAN TO PARTICIPATE IN THE PROGRAM BEFORE PARTICIPATING. If you have any injuries or limitations, please have them cleared by your physician before attempting to participate in the Program.
By participating in the Program, you are assuming the risk of participating in it and agree to only participate if medically cleared to do so. We are not responsible or liable for your participation in the Program.
5. No Claims Made Regarding Results:
Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each person and his/her circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.
6. DISCLAIMER - No Warrantees, Guarantees, or Representations Are Being Made:
We do not offer any representations, guarantees, or warranties, of any variety, regarding the Program in any way. The Program is offered “AS IS” and without representations, guarantees, or warranties of any kind, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, neither express nor implied, to the extent permitted by law. We are not liable for damages of any kind related to your use of the Program.
7. Your Release of Us, Indemnification, Hold Harmless:
To the fullest extent permitted by law, Kathryn Blaze Fitness LLC expressly disclaims liability for any direct, indirect, and/or consequential damages suffered by you related to your purchase or use of, or participation in, the Program, its materials, our website, or any other information obtained by you from us. By enrolling in the Program, you hereby agree to this limitation of liability and release Kathryn Blaze Fitness LLC from any and all claims.
By participating in and/or purchasing the Program, you agree to release, forgive, forever discharge, defend, indemnify, and hold harmless Kathryn Blaze Fitness LLC, our subsidiaries, employees, agents, contractors, subcontractors, shareholders, directors, officers, coaches, assignees, licensees, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, related to, or arising out of, your purchase of or participation in the Program and/or your breach of any obligation, warranty, covenant, or representation set forth in these Terms of Use.
By enrolling in the Program, you agree to release us from any and all claims, and further agree to at all times defend, indemnify, and hold harmless Kathryn Blaze Fitness LLC as stated in this section herein.
8. Our Refund Policy:
We will do everything within our ability (and within reason) to ensure your satisfaction. Due to the nature of the Program, refunds will not be issued for the Program once it is purchased. If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email Kathryn at hello@kathrynblaze.com.
9. ARBITRATION CLAUSE:
If you have any complaint or should any issue arise in the use of the Program, please contact us directly first by emailing Kathryn at hello@kathrynblaze.com.
However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Kathryn Blaze and/or Kathryn Blaze Fitness LLC shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.
By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 15 miles of Westfield, New Jersey.
If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of New Jersey. The only award that can be issued to you is a refund of any payment made to Kathryn Blaze Fitness LLC for the applicable Program. You are not permitted to seek additional damages, including consequential or punitive damages.
10. Limitation of Liability:
Kathryn Blaze and/or Kathryn Blaze Fitness LLC are not responsible or liable in any way for any and all damages you receive directly or indirectly from your participation in the Program. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) the Program or its content, due to any act, or failure to act, by you. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.
11. PAYMENT AND PURCHASE TERMS
When you pay for the Program by credit card, you authorize and give permission to Kathryn Blaze Fitness LLC to charge your credit or debit card for the amount owed for payment of the Program. When you purchase the Program, your information (i.e. credit card and contact info) may be collected by the third-party merchant Stripe or Thrivecart, who may have privacy policies or security practices that are different than ours. Kathryn Blaze Fitness LLC is not responsible for the merchant’s independent policies or practices.
12. Severability
The provisions of these Terms of Use 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 these Terms of Use shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Terms of Use as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.
13. Entire Agreement
These Terms of Use contains the entire agreement between you and the Company. There are no other promises or conditions in any other agreement (oral or written) between you and the Company.
14. Choice of Law + Venue
These Terms of Use shall be governed by the laws of the state of New Jersey. Any action brought by any party arising out of or from these Terms shall be brought within New Jersey, County of Union.
By purchasing and/or participating in the Program, you implicitly signify your agreement to all of the terms in these Terms of Use.
If you have any questions about the Terms of Use, please contact Kathryn at hello@kathrynblaze.com. Thank you.