Please read these terms and conditions carefully. They set out the terms under which the Services operated by The 1 Fitness & Performance, LLC (the web sites, portals together with the content, search facilities, directory services, e-mail, forums, expert, blogs, newsgroups and other services provided by The 1 Fitness & Performance, LLC from time to time and to which additional terms and conditions may apply) are made available to you. These Terms and Conditions apply to Members, Advertisers, Subscribers to any Services provided by The 1 Fitness & Performance, LLC and to visitors to any The 1 Fitness & Performance, LLC Service. By accessing any of the Services, or content of this website, whether as a Member, a Subscriber or a visitor you agree to be bound by these terms and conditions. We reserve the right to amend these Terms & Conditions without prior notice to members, Subscribers, Advertisers, and/or visitors.
DEFINITIONS
- Activity: Weightlifting, aerobics, online training, online workouts, personal training, cross-fit, circuit training, athletic training, strength training, agility training, speed training, fitness challenges, virtual workouts sessions, virtual workout videos, workouts via mobile app, and/or performance training
- Member: An individual User who has registered to become a Member of www.the1fitness.com and/or http://the1fitness.mypthub.com.
- Service(s): Any and all services provided by The 1 Fitness & Performance, LLC including but not limited to the web sites, portals together with the content, search facilities, directory services, the possibility of sending and receiving e-mail via an e-mail address, forums, bulletin boards, newsgroups, training programs, instructions, nutrition guidelines, training classes, exercise guidelines, retail, motivation, workshops, tournaments, camps, online training programs, the provision of directory services and Web Sites for Users and other services provided by The 1 Fitness & Performance from time to time.
- User: Any natural person or legal entity who registers to become a Member or enters as a Visitor to any Service.
- User Name: The Members identification code.
- User Password: The private key composed of letters and numbers by the Member and required for access to certain Services or parts thereof.
- The 1 Fitness & Performance, LLC: A premiere fitness & sports performance company, specifically named The 1 Fitness & Performance (or The 1 Fitness & Performance, LLC), it’s ownership, managers, coaches, trainers, & staff who are represented by www.the1fitness.com.
USER PRIVACY
Please view our comprehensive Privacy Policy.SERVICES
All Services are provided by The 1 Fitness & Performance, LLC without any warranties or guarantees unless specifically stated. The 1 Fitness & Performance, LLC may edit, move or delete any content on any Service, including content or communications provided by Users, for any reason. The 1 Fitness & Performance, LLC may disclose content or user information if required to do so by law or in good faith, believing that doing so is necessary to:- Administer any Service.
- Protect the rights, property or personal safety of The 1 Fitness & Performance, LLC, its Sponsors and accredited third parties, Users, or the public
- Comply with legal process
- Respond to claims that any content violates the rights of Third Parties.
- Enforce these Terms and Conditions
Users with an interest in promotions, services or merchants found on or via any Service are dealing solely with the User and the Third Party, unless expressly stated to the contrary by The 1 Fitness & Performance, LLC. The 1 Fitness & Performance, LLC will not be responsible for any direct or indirect loss or damages that may arise from any such dealings.
The 1 Fitness & Performance, LLC may provide or merchants and content providers found on or via any Service or Users may provide, links to other web sites or resources. The 1 Fitness & Performance, LLC does not and will not accept any responsibility for these web sites or resources, neither can we be deemed to have endorsed their content, products or services merely because they are accessible via any Service.
The 1 Fitness & Performance, LLC makes all reasonable efforts to ensure that all information provided by it within any Service is accurate at the time of its inclusion. Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date. However there may be errors, inaccuracies or omissions in respect of which The 1 Fitness & Performance, LLC excludes all liability. The 1 Fitness & Performance, LLC makes no representations or warranties, express or implied, about the information and views included on any Service, including links to Third Party or User web sites. Any decision taken by Users based on the information contained on any Service is their sole responsibility. The information on this website is provided free-of-charge, and you acknowledge that it would be unreasonable to hold us liable in respect of this website and the information on this website.
Information provided by The 1 Fitness & Performance, LLC does not constitute legal or professional advice and should not be relied upon without taking independent advice.
The 1 Fitness & Performance, LLC, its affiliates, information providers and content partners do not provide any warranty as to the timeliness, accuracy or completeness of the information contained within any Service.
Competitions promoted by The 1 Fitness & Performance, LLC, may be run by itself or in conjunction with Third Parties. Each competition has its own rules and regulations, which Users agree to be bound by on entering the competition. Unless expressly stated to the contrary, The 1 Fitness & Performance, LLC’s competitions are only open to residents of the United States of America. The 1 Fitness & Performance, LLC is not responsible for, and will not be governed by the rules and regulations of any Third Party competitions promoted directly or indirectly via links from any Service.
The 1 Fitness & Performance, LLC owns all intellectual property rights to the content on the Services and its design, structure, and compilation (often known as "look and feel"), except where specifically attributed to Third Parties.
Users may copy, download, and print documents from Services ONLY where explicitly authorized by The 1 Fitness & Performance, LLC. Users may share Services content only via clickable social media and email links provided by The 1 Fitness & Performance, LLC. User may not distribute, modify, or remove any copyright, trademark or other proprietary notices from any Services content.
For permission to use Third Party materials appearing on any Service, please contact the appropriate copyright owner.
If Users believe that their work has been copied and is accessible on any Service in a way that constitutes copyright infringement, please contact The 1 Fitness & Performance, LLC as soon as possible by sending an email to [email protected]
USERS RESPONSIBILITY
The Client hereby waives, releases and holds harmless The 1 Fitness & Performance, LLC and each of this organization’s members, managers, employees, agents, coaches, trainers, volunteers, doctors, event organizers or sponsors, if any (hereby referred to as “Releasees”) from all claims, or any organizations on the Client’s behalf, for any liability, injury, loss or damage in any way connected with participation in the (“Activity”), except where caused by the gross negligence or willful or wanton misconduct of any of the ("Releasees"). This Waiver and Release also applies to any spouse, relatives, personal representative, heirs, beneficiaries, next of kin or assigns who might pursue any legal action or claim on the Client’s behalf.THE 1 FITNESS & PERFORMANCE, LLC OBLIGATIONS TO USERS
The Client hereby waives, releases and holds harmless The 1 Fitness & Performance, LLC and each of this organization’s members, managers, employees, agents, coaches, trainers, volunteers, doctors, event organizers or sponsors, if any (hereby referred to as “Releasees”) from all claims, or any organizations on the Client’s behalf, for any liability, injury, loss or damage in any way connected with participation in the (“Activity”), except where caused by the gross negligence or willful or wanton misconduct of any of the ("Releasees"). This Waiver and Release also applies to any spouse, relatives, personal representative, heirs, beneficiaries, next of kin or assigns who might pursue any legal action or claim on the Client’s behalf.PAYMENT & FEES
All sales are final and non-negotiable. Payment must be received by The 1 Fitness & Performance, LLC in full prior to commencement of any training program, including, but not limited to, training sessions, online training programs, group training sessions, training camps, workshops, boot camps, clinics, etc. Each training program/session has an expiration date and/or duration associated with it and noted in the product description/confirmation. Any training sessions remaining after the expiration date and/or duration are automatically forfeited without refund to the Client. Exceptions to this policy are (i) extended leave of absence and (ii) medical conditions preventing participation in training activities. Both exceptions require 24-hour notification to The 1 Fitness & Performance, LLC. The 1 Fitness & Performance, LLC reserves the right to change training program fees without prior notice to client(s), sponsors, and/or participants.CANCELLATION, TERMINATION, SUSPENSION & REFUNDS
Client cancellations and/or re-scheduling cannot be made less than 24-hours from the Client’s upcoming training session, fitness challenge, training camp, workshop, and/or boot camp. If cancellations are made, by the Client, more than 24-hours in advance of the Client’s upcoming training session, fitness challenge, training camp, workshop, and/or boot camp, full refunds can be issued. Refunds will not be issued for requested cancellations less than 24-hours from the Client’s upcoming training session, fitness challenge, training camp, workshop, clinic and/or boot camp. NO REFUNDS for retail merchandise. EXCHANGE ONLY, plus shipping & handling. If the Client fails to comply with any of the provisions of this agreement, The 1 Fitness & Performance, LLC, at its sole discretion, without any notice to the Client, may (i) discontinue the ("Activity") services provided to the Client and/or the athlete(s) they represent (as listed herein) or (ii) suspend the ("Activity") services provided to the Client and/or the athlete(s) they represent (as listed herein). The 1 Fitness & Performance, LLC reserves the right to terminate, suspend, or discontinue the ("Activity") services and/or training program agreement (or membership), without notice to the Client or the athlete(s) they represent (as listed herein), between the Client (and/or the athlete(s) they represent as listed herein) and The 1 Fitness & Performance, LLC.OTHER CONDITIONS
If any provision of these Terms and Conditions is held to be unenforceable, it will not affect the validity and enforceability of the remaining provisions. These Terms and Conditions may be amended from time to time. Any amendments shall be effected by posting the amended Terms and Conditions within the Services. The 1 Fitness & Performance, LLC may, but is not obligated to, inform Members and Subscribers of any amendment by e-mail. The 1 Fitness & Performance, LLC may also in the same way extend these Terms and Conditions to include other conditions applicable to specific products or services offered by The 1 Fitness & Performance, LLC from time to time. These Terms and Conditions shall be deemed to be a contract between the User and The 1 Fitness & Performance, LLC and these Terms and Conditions and the User’s use of the Services are subject to and shall be construed in accordance with United States law. Interpretations of this agreement and determinations that a User has breached the agreement will be made at The 1 Fitness & Performance, LLC’s reasonable discretion and based upon facts known to us. The failure by The 1 Fitness & Performance, LLC to enforce any right under these Terms and Conditions will not waive the right of The 1 Fitness & Performance, LLC to do so.LIMITED LIABILITY
All clients are required to sign our Liability Waiver form before any training session and/or online training session can commence. Please review our Liability Waiver.WAIVER
The Client hereby waives, releases and holds harmless The 1 Fitness & Performance, LLC and each of this organization’s members, managers, employees, agents, coaches, trainers, volunteers, doctors, event organizers or sponsors, if any (hereby referred to as “Releasees”) from all claims, or any organizations on the Client’s behalf, for any liability, injury, loss or damage in any way connected with participation in the (“Activity”), except where caused by the gross negligence or willful or wanton misconduct of any of the ("Releasees"). This Waiver and Release also applies to any spouse, relatives, personal representative, heirs, beneficiaries, next of kin or assigns who might pursue any legal action or claim on the Client’s behalf.By accessing any of the Services, or content of this website, whether as a Member, a Subscriber or a visitor you agree to be bound by these Terms & Conditions, Privacy Policy, and Liability Waiver.
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