POLICY & PROCEDURES
TERMS & CONDITIONS
I hereby confirm i am over the age of 18 purchasing a Beast Body Service. I hereby permit myself and/or my family members to participate in BEAST BODY CO/FITNESS classes, programs, online workouts, and/or special events including any and all physical activity by granting permission to participate in BEAST BODY CO/FITNESS programs/classes/events. I assume full responsibility for myself and any/all family/ friends and release BEAST BODY CO, its supervisors- employees- contractors, all its affiliates, sponsors, associates, and volunteers from any and all liabilities including death to participant (including self, spouse, child(ren), family and those who may or may not be listed. I understand there is personal risk involved and can result in injury, disability, or death. I am aware that there can be malfunction in equipment/gym devices/facility. I declare that myself (my spouse, child(ren), and my family) have been seen by a physician and is cleared to participate in physical activities offered at BEAST BODY CO. The above information is true to the best of my knowledge. I give BEAST BODY CO/FITNESS permission to use any pictures or videos of all members including self and family participating in BEAST BODY FITNESS programs and release BEAST BODY to use footage on website or marketing/media material. BEAST BODY CO has the right to change/alter/modify this form whenever it seems fit. I and/or my child(ren), admit knowingly and willingly that I have enrolled in BEAST BODY CO, a physical health and fitness program that may involve strenuous physical activity including but not limited to, muscle strength, and endurance training, cardiovascular conditioning training, running, jumping, stretching, and other various fitness activities such as stretch, dance, and more. I hereby affirm that I am in good physical condition and do not suffer from any known disability or condition which could prevent or limit my participation in this exercise program. Any physical conditions I am aware of (for me or my family) will be listed above along with any known previous/current surgeries, injuries, medications, allergies, disorder, disease, etc. I acknowledge that my enrollment (or child(s)) enrollment and subsequent participation is purely voluntary and in no way mandated by BEAST BODY COMPANY. In consideration of my participation in this program, I, hereby release BEAST BODY COMPANY (also doing business as BEAST BODY FITNESS) and its agents, including, but not limited to: programs/classes offered, program trainers/ instructors, assistants, advisors, account holders, volunteers, contractors, interns, or any persons involved in the program and all its affiliates, including, any claims, demands, and causes of action as a result of my voluntary participation and enrollment. I, or my child(ren) fully understands that I may injure myself as a result of my enrollment and I release BEAST BODY COMPANY of any injury that may be obtained from my participation, including, but not limited to heart attacks, muscle strains, pulls, tears, broken bones, shin splints, heat exhaustion, knee, back, or foot injuries, miscarriages, pregnancy/delivery complications, and any other illnesses, infections, soreness, or death that may occur before, during, or after my participation including the drive to and from facility program/ class session times along with any injury that may occur due to weather conditions, malfunction in equipment/build, both on and off BEAST BODY CO premises or in or out of the building/facility. I fully acknowledge and understand my enrollment and participation in BEAST BODY CO is at my own risk and I, hereby release any suffering, injury, or damages. In signing this waiver I agree to give up all rights in pursuing a claim, sue, or any kind of settlement for me or my child(ren), or family, including any and all programs/ services held at BEAST BODY. I release any facilities (where classes are held) and any field/ landowner in which classes can be held). I release BEAST BODY from any damage to my vehicle on/off BEAST BODY CO grounds due to others and/or theft and also release BEAST BODY of any religious or political views. (As a Trainer or Instructor of any other facility/or program I give up my right to re use, sell, or re-distribute the use of BEAST BODY workouts/routines or class structure BEAST BODY offers to their clients/programs for self/profitable use other than that instructed by BEAST BODY (BEAST BODY has the right to pursue me in any claims or lawsuits for using BEAST BODY material without consent.)
Payments and Cancellation Policy: I acknowledge there is a $25 registration fee (for select memberships) and a $25 cancellation fee. It is my responsibility to give written notice in advance of dropping any classes/memberships/packages prior to the 22nd of the month ( before my next billing cycle) i must also fill out a Cancellation Request form via the website or in person. I understand all monthly tuition is due upon specified dates and every month thereafter. I acknowledge I will be charged a $15 cancellation /no show fee for Personal Training sessions I do not attend without giving 24hrs notice. I understand it is my responsibility to make sure BEAST BODY CO/FITNESS receives my full monthly membership cost. I understand there will be a $25 late fee on any payments not received within 72hrs, $35 fee for check payment returned for any reason along with a $25 late fee. There is a $50 non refundable Gym reservation fee for events/birthdays. I understand BEAST BODY CO does not refund tuition/membership/ or purchase of any package costs for any reason. Nutrition Packages must also cancel by the 22nd of every month and are also subject to the cancellation terms stated with a $25 Cancellation Fee. Online App Subscription cancellations are also to be cancelled by the 22nd of the month. A$5 Online Cancellation Fee will apply. I acknowledge I am responsible for keeping all cards on file up to date to avoid late charges, penalties, or collections.
PLEASE NOTE BY SIGNING OR PURCHASING/REGISTERING FOR A BEAST BODY CO/FITNESS CLASSES/ PROGRAMS/SERVICE I AUTOMATICALLY AGREE TO THE WAIVER, TERMS, POLICY AND AGREEMENTS AND RELEASE BEAST BODY CO OF ANY/ALL LIABILITY. I have read, understood, and execute this release and acknowledgement.
Prior to using the Beast Body Service, it is important for you to know and understand that by visiting the Site and/or using the Service, you are agreeing to accept certain liability limitations and legal and health disclaimers, which we further explain throughout this Agreement. In other words, your use of the Beast Body Service is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Service or your use of the Service.
By using the Service, you consent to this Agreement in electronic form via website. To withdraw this consent, you must cease using the Service and terminate your account.
Please contact us with any questions regarding this Agreement.
HEALTH WARNING AND LIABILITY DISCLAIMER:
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING THIS OR ANY OTHER EXERCISE PROGRAM. THIS IS PARTICULARLY TRUE IF YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED DISCOMFORT WHILE EXERCISING.
NOTHING STATED OR POSTED ON THE BEAST BODY SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR PROFESSIONAL ADVICE OR CARE.
YOUR USE OF THE BEAST BODY SERVICE IS AT YOUR OWN RISK.
PLEASE READ OUR FULL PROFESSIONAL ADVICE AND MEDICAL DISCLAIMER IN SECTION 2 BELOW BEFORE COMMENCING YOUR USE OF THE SERVICE.
BEAST BODY CO ("BEAST BODY FITNESS") SHALL NOT BE LIABLE FOR ANY LIABILITY, OF ANY KIND, RESULTING FROM THE USE OF THE BEAST BODY SERVICE.
FDA Warning Statement - Beast Body Supplements
It is important to note that the suggested/supported by Beast Body supplement products, like other supplement products, contain certain statements that have not been evaluated by the food and drug administration. By law, we are required to inform you that THESE STATEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND THAT OUR PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE. When taking on supplements suggested/supported by Beast Body you agree to the terms and agreements to the actual company/business in which the supplements are provided by.
Content of These Terms of Service
1. Who May Use the Beast Body Service 2. Professional Advice and Medical Disclaimer 3. Your Representations and Warranties as a Member 4. General Disclaimers 5. Limitation of Liability 6. Privacy 7. Membership Provisions 8. Payments 9. Term and Termination; Account Deletion 10. Content Restrictions 11. Code of Conduct and Prohibited Activities 12. Submissions 13. Indemnification 14. License to Use the Beast Body Service 15. Third Party Links and Content 16. Intellectual Property 17. Copyright / DMCA Policy 18. General Provisions
1. Who May Use the Beast Body Service
AGE REQUIREMENT: You must be at least 18 years old to use the Beast Body Service.
NOTICE TO PARENTS AND GUARDIANS: You are responsible for monitoring and supervising your child's use of the Beast Body Service. If your child is using the Beast Body Service without your express consent and is under 18, please cancel their account immediately so that it will disable his or her access. Beast Body Service is not responsible for any injuries including death for those over or under 18 whether granted or not granted permission to use a Beast Body Service that is completely voluntary for members and non members to perform. If you have questions about the Beast Body Services, please contact us at email@example.com.
2. Professional Advice and Medical Disclaimer.
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE STARTING THIS OR ANY OTHER EXERCISE OR NUTRITION PROGRAM TO DETERMINE IF IT IS RIGHT FOR YOUR NEEDS. THIS IS PARTICULARLY TRUE IF YOU (OR YOUR FAMILY) HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED CHEST PAIN WHEN EXERCISING, SMOKE, HAVE HIGH CHOLESTEROL, OR HAVE A BONE OR JOINT PROBLEM THAT COULD BE MADE WORSE BY A CHANGE IN PHYSICAL ACTIVITY. DO NOT USE THE BEAST BODY SERVICE IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY.
THE BEAST BODY SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY. NOTHING STATED OR POSTED ON THE BEAST BODY SITE OR AVAILABLE THROUGH ANY BEAST BODY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH OR NUTRITION CARE, TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. YOU SHOULD NOT RELY ON ANY INFORMATION ON THE BEAST BODY SERVICE AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SERVICE. THE USE OF ANY INFORMATION PROVIDED ON THE SERVICE IS SOLELY AT YOUR OWN RISK.
IF YOU ARE IN THE UNITED STATES AND THINK YOU ARE HAVING A MEDICAL OR HEALTH EMERGENCY, CALL YOUR HEALTH CARE PROFESSIONAL, OR 911, IMMEDIATELY.
THE BEAST BODY SITE IS CONTINUALLY UNDER DEVELOPMENT AND BEAST BODY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT GENERAL HEALTH, FITNESS AND ADVICE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED ON THE BEAST BODY SITE WILL ALWAYS INCLUDE THE MOST RECENT DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
3. Your Representations and Warranties as a Member
In becoming a Member of Beast Body with the intent of using the Beast Body Service, you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past several months; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise; or (B) your physician has specifically approved of your use of Beast Body.
If applicable, You further affirm that (A) you are not pregnant or (B) your physician has specifically approved your use of Beast Body.
4. General Disclaimers
Beast Body Co provides the Beast Body Service on an "as is" and "as available" basis. You therefore use the Beast Body Service at your own risk.
Beast Body expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchant-ability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Beast Body makes no representations or warranties:
That the Beast Body Service, or any particular fitness program is suitable for you;
Regarding the adequacy or safety of the Beast Body Service for any particular user;
That the Beast Body Service will meet your personal needs;
That the Beast Body Service will be permitted in your jurisdiction;
That the Beast Body Service will be uninterrupted or error-free;
Concerning any content submitted by any member;
Concerning any third party's use of content that you submit;
That Beast Body will continue to support any particular feature of the Beast Body Service; or
Concerning sites and resources outside of the Beast Body Service, even if linked to from the Beast Body Service.
Beast Body reserves the right to modify the Beast Body Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Beast Body Service. Beast Body has no obligation to screen or monitor any content and does not guarantee that any content made available on the Beast Body Service complies with this Agreement or is suitable for all users. Beast Body shall not be responsible for loss or corruption of data, and hereby waives all claims with respect to damage to Your computer system, internet access, download or display device.
To the extent that a secondary party may have access to or view Beast Body content on your computer or mobile device, you are solely responsible for informing such party of all provisions, terms, disclaimers and warnings in this Agreement.
5. Limitation of Liability
To the fullest extent permitted by law: (i) in no event shall Beast Body, nor its affiliates, be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for personal injury, death, loss of livelihood, loss of enjoyment, pain and suffering, emotional distress, loss of profits, loss of future earnings, goodwill, use, and/or any other damages or other intangible losses; and (ii) Beast Bodys, and its affiliates' total liability to you shall not exceed the amounts paid by you to Beast Body over the twelve (12) months preceding your claim(s).
IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO OBTAIN OR ACCESS ANY MATERIAL THROUGH THE SERVICE OR SITE.
Beast Body Coaching Service
The Beast Body coaching service is intended solely as a general fitness informational means by which Members can communicate with Beast Body trainer coaches. In selecting our trainer coaches, we endeavor to source only those coaches who can demonstrate a minimum of two (2) years' experience in the fitness field, with valid professional experience at a reputable fitness institution or gym. In the course of providing coaching advice, our coaches may occasionally answer incidental nutritional questions based on their own personal experience. BEAST BODY DOES NOT REPRESENT IN ANY WAY THAT ANY NUTRITIONAL OR FITNESS ADVICE PROVIDED BY A TRAINER COACH CONSTITUTES QUALIFIED EXPERT ADVICE.
BEAST BODY takes care to instruct its coaches never, under any circumstance, to provide advice that could be construed as expert advice, and we in no way encourage or endorse such behavior from our coaches.
If you encounter a Beast Body coach who is providing expert advice in violation of these principles, please contact us immediately at firstname.lastname@example.org. You should always seek expert professional advice in nutritional and health matters, and should not rely on any opinions expressed through the Beast Body Service as expert opinions or advice.
What information we may collect about you;
What we use that information for; and
When and with whom we share that information.
CONSENT TO EMAIL: When you become a Member, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Service, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us or third party partners or pay pal.
7. Membership Provisions
REGISTRATION: To fully use the Beast Body Service, you must register as a member by providing a user name, password, valid email address and valid credit card information. You must provide complete and accurate registration information to Beast Body and update your account if your information changes.
USER NAME: You may not use someone else's name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
NON-COMMERCIAL USE: Use of the Site and Service is for personal use only. Members may not use the Service in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services; or (ii) for commercial purposes. Users of the Site may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service or the Site for any purpose unless expressly authorized by Beast Body. If you wish to inquire about possible commercial use, please contact us at email@example.com.
Beast Body may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Site or the Service.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the Beast Body Service. If you become aware of any unauthorized access to your account, you must change your password and notify us immediately at firstname.lastname@example.org.
Auto billing; Subscription Fees; Free Trial Terms. The Beast Body Service is a paid, auto-renewing subscription service. If you purchase a subscription by accepting/signing up, you are agreeing to automatic (recurring) billing, and agree to pay the charges made to your account in connection therewith. Your Subscription, and monthly billing of your account, will continue indefinitely until cancelled by you.
Your Beast Body membership begins when you have completed your sign up process (i.e., when we collect your personal and payment information). At the end of your sign up, you will begin to be billed automatically each month (about every 30 days) until you cancel. Once we begin to bill you, cancellations take effect starting at the end of your current billing period, meaning there are no partial month refunds or credits. At certain times, we may offer special promotional offers ("Special Offers") that are billed at a discounted rate. These offers may have a different Free Trial period length, or no Free Trial period. In these cases, you will begin to be billed at the time payment information is collected, or, if a Free Trial is being offered, at the end of the special Free Trial period. In all instances, you will continue to be automatically billed monthly after your Free Trial ends (or immediately if there is no Free Trial). The pricing of our Services may vary periodically. We cannot guarantee that the price of your Subscription is the lowest available, or historically lowest or best, price. You will be charged in accordance with the billing terms you agreed to at the time you signed up.
HOW TO CANCEL
If you do not wish for your account to renew automatically, or if you want to change or terminate your subscription, first log into your PayPal account and take the steps in cancelling your subscription. Your cancellation will take effect immediately. To cancel Log In to your PayPal account.
Note your Subscription status will may state that your account is "Pending Cancellation." Please allow up to 7 business days to recieve final confirmation from your personal PayPal account. So, for example, if you have a monthly subscription that began on the first of the month but cancel mid-month, your cancellation will take effect immediately. Sorry-- there are no refunds on Beast Body subscriptions for billing periods that have already lapsed or for failure to cancel your account.
Service Add-Ons– Auto Billing; Coaching; Subscription Fees; Free Trial; and Cancellation
We refer to any additional, paid subscription Service we may offer beyond a standard Membership as an “Add-On Service.” For example, our personalized Coaching service, or any other Service we may offer to you which provides access to special or additional Content beyond your standard Membership, is an Add-On Service.
Each Add-On Service is a separate subscription service or one-time payment (depending on the service being provided) and is subject to an additional monthly fee that automatically renews just like your regular Membership (if you decided to purchase or subscribe more than one Beast Body Service). Before agreeing to an Add-On Service, you will be prompted with i) the type of Service being offered (e.g. Coaching); and ii) the monthly, recurring cost for such Add-On Service. Note: if You purchase an Add-On Service, You are agreeing to an additional monthly automatic (recurring) billing subscription or one time payment, depending on the Add-On Service being offered, and agree to pay the charges made to your account in connection therewith, as disclosed at the time You accept the Add-On Service. Your Add-On Service subscription, just like Your standard Membership subscription, will continue indefinitely until cancelled by You.
Services are billed on/around the day you sign up. You can cancel at any time by following the instructions above ("How to Cancel"). Note that Your Add-On Service subscription is separate from your regular Membership. Please Note: If you decide to cancel your membership/subscription service you will lose all access to any Videos bought/ Rented/ Saved/ or Subscribed to.
Quarterly and Annual Subscriptions.
In certain circumstances, if we offer Subscriptions for a longer term (for example, 3 months, 6 months or even a year). These longer-term Subscriptions are charged in full upon purchase, and automatically renew for the same duration as the initial Subscription term you selected (for example, if you initially purchased a 3 month Subscription, your Subscription will automatically renew for three months; 6 month subscriptions will automatically renew for six months, and so on). The amount due for the next renewal term will be due and immediately payable in full and charged as of the first day of such renewal term. You can always cancel before your next renewal term by logging into your PayPal account, and following the cancellation instructions.
Paused Subscriptions. In circumstances in which you elect to pause your subscription, your account will automatically reactivate following the time period that you specified at the time of pausing, and we will then automatically start to bill you again. You will be responsible for payment upon reactivation regardless of whether or not you receive a reminder notice regarding the expiration of your paused status. By electing to pause your subscription, you agree and authorize Beast Body to bill your account starting at the expiration of your paused account status period.
Authorization. When you sign up for our Service and provide a payment method to Beast Body, you are granting your express consent and are expressly authorizing us (and our designated payment processor) to automatically charge you each month for the Service.
If you provide a payment method and our charge results in an overdraft, chargeback or other fee from your bank, you alone are responsible for that fee.
EVEN IF YOU DO NOT USE THE SUBSCRIPTION OR ACCESS THE BEAST BODY APPLICATION, YOU WILL BE RESPONSIBLE FOR ANY SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED. To cancel, follow the instructions above ("How to Cancel").
Changes. Beast Body may change, modify, add, remove, suspend, cancel or discontinue any aspect of it subscriptions including the functionality, content, and/or availability of any features of such subscriptions at any time in Beast Body's sole discretion.
Beast Body may increase its fees for any subscription effective the first day of a billing renewal by giving you notice of the new fees at least thirty (30) days before you are billed. If you have and do not cancel your subscription, you will be deemed to have accepted the new fees.
9. Term and Termination; Account Deletion
TERM: This Agreement begins on the date you first use the Beast Body Service and continues as long as you have an account with us.
CANCELING YOUR SUBSCRIPTION: To cancel your subscription, you will need to first log into your PayPal account.
ACCOUNT DELETION: You may delete your account at any time. We reserve the right, but are under no obligation to, to delete an account from the Beast Body Service that remains inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months, or immediately when payment expires, is withdrawn or otherwise ceases.
TERMINATION FOR BREACH: Beast Body may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if Beast Body determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Beast Body's reputation or goodwill. If Beast Body deletes your account for the foregoing reasons, you may not re-register for the Beast Body Service. Beast Body may block your email address and Internet protocol address to prevent further registration. Beast Body is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.
After your membership or subscription is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by Beast Body will terminate. Sections 4-5, 9, and 12-18 shall survive termination. In the event of account deletion for any reason, content that you submitted may no longer be available. Beast Body shall not be responsible for the loss of such content.
10. Content Restrictions
You may not upload, post, or transmit (collectively, "submit") any video, image, text, audio recording, or other work (collectively, "content") that:
Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);
Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
Advocates harassment or intimidation of another person;
Depicts unlawful acts or extreme violence;
Contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);
Depicts animal cruelty or extreme violence towards animals; or
Contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices.
11. Code of Conduct and Prohibited Activities
In using the Beast Body Service, you must behave in a civil and respectful manner at all times. Further, you will not and it is strictly prohibited to:
Act in a deceptive manner by, among other things, impersonating any person;
Harass or stalk any other person;
Harm or exploit minors;
Promote information that is false or misleading, or promote illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
"frame" or "mirror" any part of the Service or the Site;
use meta tags or code or other devices containing any reference to Beast Body, the Site or the Service (or any trademark, trade name, service mark, logo or slogan of Beast Body) to direct any person to any other website for any purpose;
modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Site or any software used on or for the Service or the Site, or cause others to do so;
post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Site or the Service other than solely in connection with your use of the Service in accordance with this Agreement.
Collect information about others;
Advertise or solicit others to purchase any product or service within the Beast Body Site;
Participate in any activity that in any way violates any law.
Beast Body has the right, but not the obligation, to monitor all conduct on and content submitted to the Beast Body Service. Beast Body reserves the right to alter, edit, remove, or refuse to post any content, in whole or in part in its sole discretion and/or to satisfy or comply with applicable laws, regulations and/or legal processes.
Beast Body reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates our Terms, including removing the offending communication from the Site or Service and terminating or suspending the membership of such violators.
Your use of the Site and Service, including all Content you post through the Service, must comply with all applicable laws and regulations. You agree that Beast Body may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Site in the future; or (v) protect the rights, property or personal safety of the Company or any other person.
As between you and Beast Body, you own all content that you submit to the Beast Body Service, whether directly via the Beast Body Service or indirectly (for example, via Facebook or Twitter). However, it is important that you understand that by posting a submission to Beast Body, you are granting Beast Body and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called "moral rights" or "performance rights" in your content.
You further grant all users of the Beast Body Service permission to view your content for their personal, non-commercial purposes. If you make suggestions to Beast Body on improving or adding new features to the Beast Body Service, Beast Body shall have the right to use your suggestions without any compensation to you.
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to Beast Body and grant the licenses set forth above; (ii) Beast Body will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
You agree to indemnify, defend, and hold harmless Beast Body and its affiliates, directors, officers, employees, volunteers, partners, and agents, from and against any liability, claims, damages, losses and costs (including reasonable attorney's fees) that: (i) arise from your activities on the Beast Body Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Beast Body violates any law or infringes any personal right or third party right, including any intellectual property or privacy right. Beast Body reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Beast Body in connection there with.
14. License to Use the Beast Body Service
LICENSE: Beast Body grants you a limited, non-exclusive license to access and use the Beast Body Service for your own personal, non-commercial purposes. This includes the right to view content available on the Beast Body Service. This license is personal to you and may not be assigned or sub-licensed to anyone else.
RESTRICTIONS: Except as expressly permitted by Beast Body in writing, you will not reproduce, redistribute, publicly display, sell, create derivative works from, decompile, reverse engineer, or disassemble the Beast Body Service. Nor will you take any measures to interfere with or damage the Beast Body Service. All rights not expressly granted by Beast Body are reserved.
MOBILE DEVICES, APPLICATIONS AND SET-TOP BOXES/EXTERNAL DEVICES:
These Terms of Service, and all of the provisions herein, also govern the use of our mobile, desktop and set-top devices and related applications.
Your use of the Beast Body Service through any applications or device constitutes your agreement to be bound by these Terms.
Any Beast Body application, regardless of the manner and means in which it is downloaded (for example the Apple AppStore, Google Play Store, your console's app store, etc.) is licensed, not sold, to You for use only under these Terms. We, the licensor, Beast Body Co. (Application Provider) reserve all rights not expressly granted to You.
Accordingly, if you download the Beast Body Application and or any of its services, you will be:
installing a software program on your product in the form of an application and/or a video link;
entering into this contract with Beast Body Co. governing your use of the application.
15. Third Party Links and Content
Certain links on the Beast Body Sites and/or the Beast Body Service may let you leave the particular Beast Body Site or Beast Body Service you are accessing in order to access a linked site (the "Linked Sites"). When you are linking to a third party site, it is important to know that Beast Body does not control these sites, nor has Beast Body reviewed or approved the content which appears on the linked sites. Beast Body is not responsible for the legality, accuracy or nature of any content, advertising, products or other materials on or available from any linked sites, or the conduct of such linked sites. You acknowledge and agree that Beast Body 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 any of the links, content, goods or services available on or through the linked sites.
Dealings with Third Parties.
More specifically, your participation, correspondence or business dealings with any third party found on or through the Beast Body Sites and Service (i.e., a linked site), regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Beast Body shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
16. Intellectual Property
You acknowledge that the Beast Body Site and Services contain software, graphics, photos, videos, know-how, product ideas, comments and other material (collectively, "Content") that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Beast Body-generated Content and Content developed for Beast Body by its partners and licensors is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, Beast Body owns a copyright in the selection, coordination, arrangement and enhancement of all Content in the Beast Body Site. Subject to your compliance with these Terms, and solely for so long as you are permitted by us to access and use the Services, you may download one copy of the application (but never the Content) to any single computer or device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices, and are in compliance with these Terms. Unless otherwise specified, modification of the Content or use of the Content for any other purpose, including use of any such Content on any other website or networked computer environment is strictly prohibited.
The Beast Body name, logos and affiliated applications and technologies are the exclusive property of Beast Body Co. All other trademarks appearing on the Services are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the Services. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
Beast Body owns and retains all proprietary rights in the Site and the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Site or through the Service, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
17. Copyright / DMCA Policy
Beast Body respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to the Beast Body Site or social media do not infringe any third party copyright.
Beast Body will promptly remove materials from the Beast Body Site in accordance with the Digital Millennium Copyright Act ("DMCA") if properly notified that the materials infringe a third party's copyright. In addition, Beast Body may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.
Filing a DMCA Notice to Remove Copyrighted Content-for Copyright Holders
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
Your name, address, telephone number, and email address (if any).
A description of the copyrighted work that you claim has been infringed.
A description of where on the Beast Body Site the material that you claim is infringing may be found, sufficient for Beast Body to locate the material (e.g., the URL).
A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Your electronic or physical signature.
You may submit this information via:
Offline: Beast Body's Copyright Agent (see contact information below)
Filing a DMCA Counter-notification to Restore Removed Content for Beast Body Users
If you believe that your material has been removed by mistake or misidentification, please provide Beast Body with a written counter-notification containing the following information:
Your name, address, and telephone number.
A description of the material that was removed and the location on the Beast Body Site (e.g., the URL) where it previously appeared.
A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which Beast Body may be found (which includes the United States District Court for the Southern District of New York), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person.
Your electronic or physical signature.
You may submit this information via:
Offline: Beast Body's Copyright Agent (see contact information below)
Please note that we will send any complete counter-notifications we receive to the person who submitted the original DMCA notice. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the removed materials. Until that time, your materials will remain removed.
In filing a DMCA notice or counter-notification, please make sure that you have complied with all of the above requirements. If we request additional information necessary to make your DMCA notice or counter-notification complete, please provide that information promptly. If you fail to comply with all of these requirements, your DMCA notice or counter-notification may not be processed further.
In addition, please make sure that all of the information you provide is accurate. UNDER SECTION 512(f) OF THE COPYRIGHT ACT, 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.
Beast Body may disclose any communications concerning DMCA notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material.
If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.
Beast Body's Copyright Agent
You may send a DMCA notice, a DMCA counter-notification, or any inquiries concerning intellectual property to Beast Bodys Copyright Agent:
Beast Body Co. 15750 Tuckerton Rd Houston Tx 77095 Attn: Legal Dept. - Copyright Agent
18. General Provisions
ARBITRATION AND GOVERNING LAW:
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Site shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against Beast Body in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against Beast Body or its affiliates any class action, class arbitration, or other representative action or proceeding.
By using the Site or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Beast Body or its affiliates (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Beast Body (except for small-claims court actions) may be commenced only in the federal or state courts located in Harris County, Houston Tx. You hereby irrevocably consent to the jurisdiction of those courts for such purposes and you irrevocably waive any right to a trial by jury.
This Agreement, and any dispute between you and Beast Body, shall be governed by the laws of the state of Texas without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Beast Body in exercising any right hereunder will waive any further exercise of that right. Beast Body's rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Beast Body's prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Beast Body electronically. Beast Body may provide all such communications by email or by posting them on the Beast Body Service. For support-related inquiries, you may send an email to email@example.com or the following address:
Beast Body Co. 15750 Tucketon Rd Houston Tx 77095 Attention: Legal Department
Nothing herein shall limit Beast Body's right to object to subpoenas, claims, or other demands.
MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by Beast Body on the Beast Body Site or a written amendment signed by an authorized representative of Beast Body. A revised Terms of Service will be effective as of the date it is posted on the Beast Body Site.
ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference:
This Agreement constitutes the entire understanding between Beast Body and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.
Consult your physician regarding the applicability of any recommendations and follow all safety instructions before beginning any exercise program. All trademarks, products, and service names are the property of their respective owners.
Payments and Cancellation Policy: I acknowledge there is a $25 registration fee (for select memberships) and a $25 cancellation fee. It is my responsibility to give written notice in advance of dropping any classes/memberships/packages prior to the 22nd of the month ( before my next billing cycle) i must also fill out a Cancellation Request form via the website or in person. I understand all monthly tuition is due upon specified dates and every month thereafter. I acknowledge I will be charged a $15 cancellation /no show fee for Personal Training sessions I do not attend without giving 24hrs notice. I understand it is my responsibility to make sure BEAST BODY CO/FITNESS receives my full monthly membership cost. I understand there will be a $25 late fee on any payments not received within 72hrs, $35 fee for check payment returned for any reason along with a $25 late fee. There is a $50 non refundable Gym reservation fee for events/birthdays. I understand BEAST BODY CO does not refund tuition/membership/ or purchase of any package costs for any reason. Nutrition Packages must also cancel by the 22nd of every month and are also subject to the cancellation terms stated with a $25 Cancellation Fee. Online App Subscription cancellations are also to be cancelled by the 22nd of the month. A$5 Online Cancellation Fee will apply. I acknowledge I am responsible for keeping all cards on file up to date to avoid late charges, penalties, or collections. PLEASE NOTE BY SIGNING OR PURCHASING/REGISTERING FOR A BEAST BODY CO/FITNESS CLASSES/ PROGRAMS/SERVICE I AUTOMATICALLY AGREE TO THE WAIVER, TERMS, POLICY AND AGREEMENTS AND RELEASE BEAST BODY CO OF ANY/ALL LIABILITY. I have read, understood, and execute this release and acknowledgement.There are no refunds. No partial credit.
END OF DOCUMENT.