PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AND UPDATED AS OF 1/1/2024.

ACCEPTANCE OF TERMS

The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Sweat Fixx LLC, located at 383 Lowell Street Wakefield, Massachusetts 01880 and our subsidiaries and affiliates, in association with the use of the Sweat Fixx website, which includes www.sweatfixx.com, (the “Site”) and its Services, which shall be defined below.

DESCRIPTION OF WEBSITE SERVICES OFFERED

The Site is a business site which is intended to inform the user of services offered, including classes and training sessions, team members, locations, contacts, etc.

Any and all visitors to our site, despite whether they are registered or not, shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS. Once an individual register’s for our Services, through the process of creating an account, the user shall then be considered a “member.”

The user and/or member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Sweat Fixx. At its discretion, Sweat Fixx may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Sweat Fixx does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that Sweat Fixx shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.

Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such Sweat Fixx shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.

PHYSICAL ACTIVITY RELEASE

I, the user, hereby fully waive and release Sweat Fixx LLC and its employees, officers, directors, shareholders, affiliates, agents, representatives, successors and assigns (collectively “Releasees”), from any and all claims, demands, damages, costs, expenses, causes of action (“Claim”) in respect of death, personal injury, property damage, or death arising from my participation in the following physical activities: fitness classes or personal training (activities) notwithstanding any Claim may have been contributed to or occasioned by the negligence of any of the Releasees.

I hereby indemnify and save harmless the Releasees from and against any and all liability incurred by any or all of them arising as a result of or in any way connected to my participation in the Activity. I hereby voluntarily, at my own risk, sign this Release in sole consideration of being permitted to use the Company’s facilities or property. I have read and understood the foregoing, and acknowledge my consent to the terms of this Release by using this site.

PHOTO/VIDEO LICENSE AND RELEASE

I hereby grant Sweat Fixx and the Sweat Fixx successors, licensees, and assigns, the non-exclusive right and license to use, re-use, publish, and republish my physical likeness in all photographs and videos described below that were taken of me by Sweat Fixx, in whole or in part, severally or in conjunction with other photographs and videos, in any medium or form, now known or that may be hereafter known or devised, for any purpose and in connection with, without limitation, Sweat Fixx portfolio, internal and external advertising, publicity, illustration, trade, sale, promotion, and exploitation thereof throughout the world. This license shall be without charge or royalty and for perpetuity. I warrant and represent that I have the right to grant this license and that I am not a party to any contract or agreement that restricts the grant of this license. I hereby indemnify Sweat Fixx and hold Sweat Fixx harmless against all losses resulting from the breach of such warranty.

I agree that I will not assert or maintain against Sweat Fixx LLC, its successors, assigns, and licensees a claim, action, suit, or demand of any kind or nature whatsoever, including without limitation those grounded upon copyright, trademark, invasion of privacy, rights of publicity or other civil rights, or for any other reason in connection with your use of the photographs. I hereby release Sweat Fixx, its successors, assigns, and licensees from any and all such claims, actions, causes of action, suits, and demands whatsoever that I may now or hereafter have against Sweat Fixx or them. Wherever the word “I” is used herein it shall include my successors and assigns.

REGISTRATION

To register and become a “member” of the Site, you must be at least 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving Sweat Fixx Services under the laws and statutes of the United States or other applicable jurisdiction.

When you register, Sweat Fixx may collect information such as your name, e-mail address, birth date, gender, mailing address, occupation, industry and personal interests. You can edit your account information at any time. Once you register with Sweat Fixx and sign in to our Services, you are no longer anonymous to us.

Furthermore, the registering party hereby acknowledges, understands and agrees to:

a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and

b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.

It is Sweat Fixx’s priority to ensure the safety and privacy of all its visitors, users and members, especially that of children. Therefore, it is for this reason that the parents of any child under the age of 13 that permit their child or children access to the Sweat Fixx website platform Services must create a “family” account, which will certify that the individual creating the “family” account is of 18 years of age and as such, the parent or legal guardian of any child or children registered under the “family” account. As the creator of the “family” account, s/he is thereby granting permission for his/her child or children to access the various Services provided, including, but not limited to, message boards, email, and/or instant messaging. It is the parent’s and/or legal guardian’s responsibility to determine whether any of the Services and/or content provided are age-appropriate for his/her child.

WAITLIST POLICY

At the start time of every session, any open spots are released to clients on the waitlist . While on the waitlist, any changes to your reservation can be made without penalty at any time. Once you’ve been added to the roster, you’re required to observe our Cancellation Policy, outlined in detail below.

If you have any questions about our waitlist policy or your current waitlist status, please send your studio a message.

CANCELLATION POLICY

The late cancellation window is 12 hours. If you cancel 12 hours before the start time of the session, there is no penalty, and single credits will be credited back to your account for use at a later date.

If you cancel after the late cancellation window, unlimited members will be charged a $10 fee, class pack holders will lose that class.

PRIVACY POLICY

Every member’s registration data and various other personal information are strictly protected by Sweat Fixx Online Privacy Policy. As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by Sweat Fixx and/or our subsidiaries and affiliates.

YOUR USERNAME AND PASSWORD

Certain areas of our Site are restricted and may only be accessed if you are registered with us and have been issued with or have chosen a username and password. You must not allow any other person to use your username, password or other login details and must treat such information as confidential and must not disclose it to any third party. If you believe or suspect that someone else knows your login details you must contact us as info@sweatfixxcom.

We reserve the right to disable any user identification code or password used to access to this Site at any time if in our reasonable opinion you have failed to comply with these Conditions.

You shall not obtain or attempt to obtain unauthorized access to an area of this Site which is only accessible with a username and password other than that which has been identified as being available to you through the logins and passwords notified to you and you will not attempt to evade our authentication or security procedures nor assist, encourage or permit any other person to do any of the above things.

We shall not be liable for any losses you suffer as a result of unauthorized access to your account until such time as you have informed us of unauthorized use or possible unauthorized use of your login details or of a breach of security at info@sweatfixx.com.

General Statement On Privacy, Personal Data, And Communications

In no event will Sweat Fixx be liable for any direct, indirect, special, or other consequential damages resulting from your use of this website, the App, or on any other linked/third-party website, including without limitation, any lost profits, business interruption, loss of programs, or other data on your information handling systems or otherwise, including any claims waived by you previously in this agreement even if Sweat Fixx expressly advised of the possibility of such damage.

All information is provided by Sweat Fixx on an “as is” basis only. Sweat Fixx provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.