TERMS AND CONDITIONS:
These Terms of Use of Services (the "Agreement") entered into and effective as of this date the course presented by FIT HQ was downloaded by client. Below represent an agreement by and between Client and FIT HQ, LLC.
Please read all of the following terms and conditions carefully. By registering for Break-Away, you are entering into this agreement, and you agree to be bound by the terms and conditions set forth herein.
1. Services: Break-Away mini-course
2. Fees and Payment. There is no payment required for this course.
3. No Third-Party Access. During the registration process you will create an account which will include creating a username and password required for access to password protected or secure areas of the FIT HQ
Course. Access to such password protected or secure areas is restricted to authorized users only. From time
to time FIT HQ, LLC may also provide you with call-in numbers for telephonic meetings, protected links or
other media for delivering content to be utilized in delivery of the Services. Access to such password
protected or secure areas, telephonic meetings, protected links and other such media are restricted to
authorized users only. You hereby agree not to share login information, call-in numbers, passwords, protected
links, or other media and the content therein with any third party and you acknowledge that doing so is a
material breach of this Agreement. You are responsible for maintaining the confidentiality of all such
information and you agree to make every reasonable effort to prevent unauthorized third-parties from
accessing such information and you agree to notify FIT HQ immediately of any unauthorized use.
4. Audio and Video Release. I hereby authorize FIT HQ, in its discretion, to use my story as a testimonial and
further agree to allow FIT HQ the use of my voice, photo, and likenesses captured via photographs, audio,
video or other technology. I further authorize FIT HQ to use any such likeness of me captured pursuant to
this Agreement for promotion and marketing purposes now and in the future.
In consideration of the right to utilize the FIT HQ, LLC services, I, for myself, my personal representatives,
assigns, heirs, and next of kin:
1. ACKNOWLEDGE, agree, and represent that I understand the nature and risk associated with
participation in strenuous physical activities, including but not limited to, weight training and various
aerobic exercises (the “Activities”), and that I am qualified, in good health, and in proper physical
condition to participate in such Activities;
2. FULLY UNDERSTAND that: (i) THE ACTIVITIES INVOLVE INHERENT RISKS AND DANGERS of serious
bodily injury, including, but not limited to, heart attack, muscle strains/pulls/tears, broken bones, shin
splints, heat prostration, knee/lower back/foot injuries, permanent disability, paralysis, and death (“Risks”);
(ii) these Risks and dangers may be caused by my own actions, or inactions, the actions or inactions of
others participating in the Activities, the condition in which the Activities take place, the equipment or
objects (including but not limited to the condition of said equipment), or the actions or inactions of the
Released Parties named below; (iii) there may be other risks and social and economic losses either not
known or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS,
LIABILITY, AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my
participation in the Activities; and
3. HEREBY WAIVE, RELEASE, AND AGREE TO DEFEND, PROTECT, INDEMNIFY, HOLD HARMLESS, AND
FULLY DISCHARGE FIT HQ, LLC, ITS OWNERS, DIRECTORS, OFFICERS, AGENTS, MEMBERS,
EMPLOYEES, SUCCESSORS, ASSIGNS, AND REPRESENTATIVES, INCLUDING, SPECIFICALLY, JENNIFER
MCCORMICK (COLLECTIVELY THE “RELEASED PARTIES”), FROM AND AGAINST ANY AND ALL CLAIMS,
DEMANDS, AND CAUSES OF ACTION, DAMAGES, SUITS, AND LIABILITIES OR OBLIGATIONS, FOR
ANY PERSONAL INJURIES, DEATH, OR PROPERTY DAMAGES, INCLUDING ATTORNEY’S FEES,
RESULTING FROM ANY ACCIDENT, INCIDENT, OR OCCURRENCE ARISING OUT OF, INCIDENTAL TO
OR IN ANY WAY RESULTING FROM ANY ACTIVITIES OR THE CONDITION, USE, OR OPERATION OF
ANY FACILITIES OR EQUIPMENT, WHETHER OR NOT CAUSED OR ALLEGED TO BE CAUSED, IN
WHOLE OR IN PART, FROM THE SOLE, JOINT, CONCURRENT, OR COMPARATIVE NEGLIGENCE OR
GROSS NEGLIGENCE OF THE RELEASED PARTIES.