PowerFull Fitness, LLC Terms & Conditions
PowerFull Fitness, LLC (“PFF”) is a Northern Virginia based fitness company designed to foster a FIT lifestyle for women and their families. PFF provides a variety of group classes to accommodate all schedules and FITness goals; classes range from boot camp style classes to children’s fitness and cover everything in between. Classes are offered at convenient locations in the communities we serve. In addition to the exercise component, PFF Clients also have access to meal plans, seminars, accountability groups and both individual and group coaching to assist in achieving all around FITness.
The Legal Stuff
Clients of PFF and visitors to www.powerfullfitness.com are subject to the following Terms and Conditions. By visiting this site and/or purchasing or reserving a Class, you confirm you have read these Terms and Conditions and agree to abide and be bound by them.
A “Class” is defined as any fitness session conducted by a PFF Instructor and can include but is not limited to one-time workshops, nutrition and self-care seminars, boot-camp style workouts (including resistance and aerobic training), children’s fitness classes, strength and toning sessions, family-inclusion classes and Pilates.
An “Instructor” is defined as an individual certified in a relevant fitness category and authorized by PFF to lead a specified Class on behalf of PFF.
Any individual, age 18 and over, who is redeeming a Free Class Pass or who has signed up with PFF as a primary Class participant under a Multi-Class Pass is a “Client”. Every Client must complete PFF’s Liability Release and Waiver of Liability (the “Waiver”) (attached hereto as Schedule 1) prior to participating in any Class.
In certain instances, Clients are permitted to have Allowed Participants accompany them to a Class, as set forth in the specific Class descriptions. “Allowed Participants” are defined as spouses, domestic partners and any individual under the age of 18 for which the Client has legal responsibility on either a permanent or temporary basis. All minor individuals intended to accompany Client, at any time, as Allowed Participants must be listed on the Waiver at the time of registration and only those listed Allowed Participants will be permitted to participate in a Class. Any non-minor Allowed Participant other individual accompanying a Client must complete a separate Waiver prior to Class participation. Minors (individuals under the age of 18) may not, under any circumstances, participate in any Class without a Waiver completed by their parent or legal guardian.
Waiver and Release
Prior to purchasing and/or participating in any Class, Client is required to acknowledge that she has read, fully understood and agrees to the Waiver as presented and available as a hardcopy attachment hereto, at the Wellness Living Website and at www.powerfulfitness.com. Acknowledgement and acceptance may be completed via electronic consent as indicated on the Wellness Living website: http://wellnessliving.com. Clients will not be permitted to proceed to purchasing or reserving a Class without having completed the Waiver. In the event of an in-person Class purchase, Client will be required to complete a hardcopy Waiver prior to participating in any Class. All Waivers will be kept on file indefinitely and each Client will be required to complete only one Waiver for the duration of their participation in Classes, whether intermittent or continual, provided Client’s Allowed Participants remain the same. Changes to Allowed Participants will require the completion of a new Waiver.
Class Policies & Procedures
In order to reserve a spot in a Class, the Client must first redeem a Free Class Pass or purchase a Multi-Class Pass (defined as a group of two or more Classes purchased simultaneously). Clients may download and print a Free Class Pass coupon or purchase a Multi-Class Pass at www.powerfullfitness.com. Following the purchase of a Multi-Class Pass Clients may reserve a spot using the online scheduler.
Client’s credit/debit card will be immediately charged upon Multi-Class Pass purchase and Clients are responsible for the payment of this charge to the authorized creditor, including any third-party fees that may be incurred. Class prices are subject to change without notice and are guaranteed only for Classes that have been paid in full.
Transfer, Resale, and Refund Policy
Classes are redeemable only by the Client. Transfer of Classes to other persons is prohibited. Multi-Class Passes and Free Class Passes are not redeemable for cash. Unauthorized reproduction, resale, or trading of Multi-Class Passes or Free Class Passes is prohibited.
A Client may cancel a Multi-Class Pass at any time with written notification to PFF. Refunds will be determined on an individual basis and neither full nor partial refunds are guaranteed under any circumstances. In the event of a cancellation due to Client illness, injury or relocation preventing Client from participating in any Classes, PFF reserves the right to provide “credit” towards future classes at such time as the participation obstruction has been resolved, with a specified end-date for redemption. Under no circumstances will a refund be issued for Classes in which Client has already participated. All full or partial refunds will be assessed a handling fee equal to 15% of the refund amount.
In the event a Class reaches maximum enrollment capacity (as specified in the then-current Class descriptions), online reservations for the Class will be closed and no additional Clients will be granted a reservation, regardless of whether Client has previously purchased a Class or Multi-Class Pass. In such instances, Clients may request to be placed on a waitlist. Any such waitlist will be on a first-come-first-served basis as Class spots become available. The first pending Client on the waitlist will be notified via email of a Class opening no less than two (2) hours prior to the start of the Class. At that time, the Client may elect to reserve a spot in the Class using the designated online reservation system. A waitlist Client will be charged for the Class only at such time as Client reserves her spot and not at the time of notification of a Class opening.
All Multi-Class passes, including special offers, will automatically renew on the last day of the specific Client’s current Multi-Class Pass (the “Renewal Date”) unless cancelled by Client no later than two (2) business days prior to the Renewal Date. Renewals will be completed without additional notification and will automatically continue until such time as cancelled by Client. Cancellations must be completed online through the Wellness Living website.
On the Renewal Date, the credit card utilized in the original transaction will be charged the then-current rate for a full renewal of Client’s Multi-Class Pass. Client may change form of payment at any time via the Wellness Living website. In the event Client originally purchased a discounted Multi-Class Pass all renewals will be at the then-current full Multi-Class Pass rate.
Use of PowerFull Fitness.com
www.PowerfulFitness.com (the “Site”) may be used only for its intended purposes, including browsing of content, garnering information related to Classes, making legitimate purchases and posting inquiries. A “User” is defined as any individual intentionally accessing the Site and its contents. Users may not make use of the site for purposes of fraud or misrepresentation including but not limited to fraudulent or speculative purchases, fraudulent reviews or defamatory intents. Unauthorized use of the Site and/or the materials contained therein may violate applicable copyright, trademark, intellectual property or other laws, rules and regulations. By using the Site you agree to abide by the terms set forth herein and hold PFF harmless for any damage, loss or injury caused or alleged to be caused by or in connection with the use of the Site or reliance on any material or content contained therein.
Warranty & Disclaimer
The contents of the Site are provided “as is” without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement.
The owner of the Site, the authors of these contents and all Instructors and other connected in any way to PFF (collectively, the “Providers”) assume no responsibility for errors or omissions contained within the contents therein. The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of such contents. The Providers shall not be liable or have any responsibility or obligation for any direct, indirect, general, special, incidental or consequential damages (including, without limitation, sickness or injury) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of the Site contents, even if the Providers have been informed of the possibilities of such damages. The use of the Site contents is forbidden in those places where the law does not allow this disclaimer to take full effect.
PFF maintains the right but not the obligation to monitor any activity and content associated with the Site and may investigate any reported violation of these Terms and Conditions or general complaints. In the course of or at the conclusion of an investigation, PFF may take corrective action such as it, in its sole discretion, deems appropriate, including but not limited to the issuance of written warnings, suspension or termination of access to the Site, attaching additional terms and conditions to a User’s use of the Site and removal of content from the Site.
PowerFullFitness.com is not intended as a substitute for the medical advice of physicians. Users should regularly consult a physician in matters relating to his/her health and particularly with respect to any symptoms that may require diagnosis or medical attention.
Like any fitness activity involving speed, equipment, balance and environmental factors, any exercises posted on the Site pose some inherent risk. PFF advises Users to take full responsibility for their safety and know and respect their limits. Prior to practicing the skills and engaging in any activities described on this website, be sure to check that all equipment has been well-maintained, is correctly setup and does not show signs of wear, do not take risks beyond your level of experience, aptitude, training, and comfort level and stop immediately at the first sign of injury, pain or respiratory distress.
PFF will reasonably endeavor to regularly update the Site and available content is subject to change at any time without notification. No User will be eligible for compensation of any nature due to an inability to use or access the Site, in whole or in part, at any time and for any duration and for any reason, including but not limited to Site failure, removal or alteration of material or internet or server connectivity.
Third Party Links
In an effort to provide Users and Clients increased value, PFF may provide links to other websites or resources. You acknowledge and agree that PFF is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or injury caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
Trademarks and Logos
All PFF designs and logos are trademarks of PFF and no User or Client may copy, duplicate, distribute or make any direct or indirect use of any such designs and logos without express written consent from PFF. As a User and/or a Client you hereby acknowledge such trademarks and restrictions on use thereof. Any individual found to be in violation of this provision will be held liable for all legal expenses incurred by PFF in pursing any legal action deemed necessary to protect such trademark rights.
PFF is committed to protecting your privacy. Any information provided to PFF either online or in person will be used only for purposes of registration, payment and content input and will never be given or sold to any third-party without your express consent.
These Terms and Conditions and any written agreement in connection with PFF will be exclusively governed by and construed in accordance with the laws of Virginia whose Courts will have exclusive jurisdiction in any dispute initiated against PFF. PFF reserves the right to initiate and pursue proceedings in alternative jurisdictions as appropriate and necessary.
PFF reserves the right to change, modify, add to or remove, in whole or in part, these Terms and Conditions without notice as it, in its sole discretion, deems necessary. Any such changes will become immediately effective upon being posted to the Site. Continued use of the Site and/or continued participation in Classes following any such change shall be deemed an acceptance of such change and agreement to abide and be bound by the Terms and Conditions as modified.
It is the User’s obligation to periodically check these Terms and Conditions at the Site for changes or updates and determine whether to continue use of the Site and/or participation in Classes.
If any provision of these Terms and Conditions is held to be invalid or unenforceable for any reason, such provisions shall be severable and the remaining provisions shall continue to be valid, enforceable and in full force and effect. If a court finds that any provision of these Terms and Conditions is invalid or unenforceable but that by limiting such provision it would become invalid and unenforceable then such provision shall be deemed to be written, construed and enforced as so limited.
No failure or delay by either party in exercising any right, power or remedy hereunder shall operate as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of these Terms and Conditions. No waiver will be effective unless in writing and signed by the party to be charged thereby.
For the purpose of notices required or permitted hereunder, email communication (including scanned and emailed documents) shall constitute and be acceptable as written notice when sent to the email address as noted below. Cellular phone text messages will not be sufficient or acceptable as written notification. Any notices permitted or required to be given under these Terms and Conditions shall be considered delivered on the date sent by email, the date of hand delivery, or five (5) business days following appropriate dispatch by U.S. Mail to the following addresses or any other such address as one party may have furnished to the other in writing:
To: PowerFull Fitness, LLC
c/o Laura Waller
These Terms and Conditions, together with any exhibits and schedules attached hereto, contain the entire understanding of the parties with respect to the subject matter herein and there are no other representations, warranties, covenants or undertakings other than those expressly set forth herein. These Terms and Conditions supersede and replace all other prior agreements pertaining to the subject matter herein, whether oral or written.