Terms of service

FITNESS FROM WITHIN TERMS OF USE

Fitness From Within, LLC (“Fitness From Within”, “we”, “our” or “us”) welcomes you to our website or services, including health and fitness content, fitness training, fitness related advice, and other fitness related services and products, including but not limited to fitness clothing, fitness equipment, fitness journal materials, and motivational programming provided through various methods, including mobile applications, websites, one on one training and other personal interfaces (which may be connected to specific products) and other methods, including social media controlled by us (collectively, “Services”). Please read these Terms of Use (“Terms”) and our Privacy Policy carefully because they affect your legal rights, including your right to resolve any disputes that may arise between us. Subject to your compliance with these terms, you may access and use the Services. Fitness from Within members may access the Services to establish a user account and to access other Fitness from Within materials. Use of the Services, and acceptance of this Agreement, does NOT establish a membership with Fitness from Within.

How this Agreement Works:

This Agreement (these “Terms” or this “Agreement”) is a legally binding contract between you and Fitness From Within regarding your use of the Services and this Agreement establishes the terms pursuant to which you may purchase the Services or enroll in, maintain, and terminate a Fitness From Within Membership, or other services or products, Fitness From Within may permit, including without limitation payment, membership changes, membership termination, electronic and telephonic communication, and binding arbitration provisions. Use of the Services, and acceptance of this Agreement, does NOT establish a membership with Fitness From Within. By visiting, accessing, or using any part of our Services, you expressly accept, agree, and consent to the terms and conditions of this Agreement. Your continued use of the Services after any modification to the Services or update to this Agreement, constitutes your conclusive acceptance of such change. If you do not agree to these terms and conditions of use, you must not use any portion of the Services, and your sole remedy is to discontinue your use of the Services.

  1. ASSUMPTION OF RISK, WAIVER OF LIABILITY, AND INDEMNIFICATION

1.1 Use of Services

  • You may only use the Services if you are at least eighteen (18) years of age.

  • Copyright and Trademarks. All content hosted on the Services is copyrighted under the law as collective work and/or compilation. Fitness from Within holds and owns the copyright, and all other proprietary and intellectual property rights and title, to the collective work, including the pages, graphics, design, text, sound recordings, images, materials, and content of the Services, some of which may be trademarked. You agree not to copy, reproduce, alter, modify, decompile, reverse engineer, distribute, transfer, sell, transmit, translate, publish, perform, license, or create derivative works from the content of the Services, including any information, products, or services, without Fitness from Within's express written consent. The Services are solely for your personal, non-commercial use. Subject to these and any other express restrictions with regard to specific material, you may download information concerning Fitness from Within services or membership from the Services solely for your personal non-commercial use, including information concerning membership type, status, enrollment date, contact information, club usage, transactions, packages and/or payment accounts.

  • Health and Wellness Information. The Services contain information about leading a healthy way of life, including information on health, wellness, and fitness issues. Such information does not represent medical diagnosis, treatment, or care and should not be used in place of consultation with or advice from your healthcare professionals. You should consult your physician or healthcare professional before beginning or altering your personal exercise, diet, or nutritional supplement program. Any health information you post on the discussion board or forum may be viewed by other users of the Services.

  • Electronic Communications. When you use the Services, you communicate electronically with Fitness from Within. You expressly consent to receipt of electronic communications from Fitness from Within through posts on the Services and via the email you provided when setting up a user account. All agreements, notices, disclosures, authorizations, verifications, confirmations, or other electronic communications Fitness from Within provides according to this paragraph satisfy any legal requirement for written communication.

  • Equipment. You are solely responsible for purchasing, maintaining, and ensuring all equipment, programs, and services necessary for, and compatible with, your access to and use of the Services, including hardware and software; electrical, telecommunications and internet access connections and links; and web browsers.

1.2. Privacy. By visiting, accessing, or using any part of the Services, you accept the practices described in Fitness from Within’s Privacy Policy.

1.3 Risks. The dangers, hazards, and risks of injury or death or damage in the use of the Services (“Risks”) may include but are not limited to (1) slips, trips, collisions, falls, and loss of footing or balance, including “slip and falls”, death or other injuries during work outs including with respect to fitness equipment; (2) failure, malfunction, delay or other performance issue with respect to the Services, including without limitation any causes beyond Fitness From Within’s reasonable control, such as a pandemic or epidemic, a governmental authority action, and act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, uprising, earthquake, flood or other such natural or human condition; (4) loss, theft, breach, misuse or unauthorized use of property or information, including without limitation User Content; and (5) other accidents or incidents that may result in Injury or damage.

1.4 Injuries. Such injuries or damages may include but are not limited to major or minor personal, physical, bodily, emotional, mental, economic, property, data, privacy, information or other types of injuries or damages (“Injuries”), including but not limited to (1) death; (2) paralysis, brain damage, heart attacks, strokes, disfigurement, heat stress and/or heat stroke, dehydration, concussions, hearing loss, torn or damaged muscles or ligaments, broken bones, allergic reactions, burns, sprains, bruises and scrapes; (3) aggravation of pre-existing injuries or medical conditions; (4) pain and suffering; (5) loss of consortium, love, affection, comfort, companionship, or care; (6) emotional distress, embarrassment, humiliation, or shock; (7) lost wages or lost earning capacity; (8) lost, stolen, misused, breached, or damaged property, data, privacy or information; and (9) any other disability, impairment, incapacity, injury or damage.

YOU UNDERSTAND THAT THE RISKS OF INJURIES OR DAMAGES MAY BE CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF FITNESS FROM WITHIN, YOU, MINOR MEMBER(S), OTHER MEMBER(S), AND/OR OTHER PERSONS. YOU FULLY UNDERSTAND AND EXPRESSLY ASSUME AND ACCEPT THESE DANGERS, HAZARDS, AND RISKS OF INJURIES OR DAMAGES AND CHOOSE TO VOLUNTARILY ACCESS AND USE THE SERVICES AT YOUR OWN RISK.

1.5 User Conduct

  • Termination of Use. Fitness from Within may block, restrict, disable, suspend, or terminate your access to or use of all or any parts of the Services without prior notice or liability to you.

  • Inappropriate Use. You will not post, submit, transmit, email, upload, share, store or otherwise make available any User Content that, in Fitness from Within’s judgment:

    1. Is unlawful, illegal, threatening, abusive, harassing, stalking, intimidating, libelous, false, defamatory, invasive of another's privacy or publicity rights, violent, vulgar, obscene, profane, sexual in nature, harmful to individuals, including minors, or is otherwise objectionable, offensive or improper; Is hateful toward an individual or group of individuals on the basis of gender, sexual orientation, race, ethnicity, age, disability, or religion;

    2. Violates any contract or agreement you have with Fitness from Within, including these Terms;

    3. Includes personal or identifying information about another person without that person's affirmative consent;

    4. Is false, fraudulent, misleading, or deceptive;

    5. Constitutes or contains any form of commercial advertising, marketing, solicitation or promotion, including messages and links for commercial purpose or benefit and any affiliate marketing, link referral code, junk mail, spam, chain letters, or pyramid or Ponzi schemes; or

    6. May interrupt, limit, overburden, damage, impair, destroy or otherwise negatively impact the functionality or use of the Services, including User Content with a software virus or User Content in an excessive amount (e.g., flooding attack).

2) ASSUMPTION OF THE RISK AND WAIVER OF LIABILITY. 

THERE ARE RISKS INHERENT IN ACCESSING AND USING THE SERVICES, INCLUDING INJURY, DEATH, ILLNESS, INCIDENT, LOSS, THEFT, BREACH, MISUSE, OR UNAUTHORIZED USE OF PERSONAL INFORMATION. ON BEHALF OF YOURSELF AND YOUR SPOUSE/PARTNER, CHILDREN/MINOR MEMBERS, OTHER MEMBERS, PARENTS, GUARDIANS, HEIRS, NEXT OF KIN, PERSONAL REPRESENTATIVES, HEIRS AND ASSIGNS, YOU HEREBY VOLUNTARILY AND EXPRESSLY ASSUME THESE RISKS, WILL ACCESS AND USE THE SERVICES AT YOUR OWN RISK, AND WAIVE ANY AND ALL CLAIMS AGAINST FITNESS FROM WITHIN AND ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, (COLLECTIVELY, THE “FITNESS FROM WITHIN PARTIES”) RELATED TO SUCH ACCESS OR USE OF SERVICES (INCLUDING CLAIMS ON BEHALF OF MINORS ON YOUR MEMBERSHIP) FOR ANY DAMAGE, LOSS, OR INJURY OF ANY KIND SUSTAINED BY YOU OR ANY PERSON ON YOUR MEMBERSHIP CAUSED AS A RESULT OF FITNESS FROM WITHIN’S PARTIES’ NEGLIGENCE. THIS DOES NOT WAIVE CLAIMS RESULTING FROM GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR RECKLESS DISREGARD, UNLESS PROHIBITED BY APPLICABLE PRIVACY LAW.

ON BEHALF OF YOURSELF AND YOUR SPOUSE/PARTNER, CHILDREN/MINOR MEMBERS, OTHER MEMBERS, PARENTS, GUARDIANS, HEIRS, NEXT OF KIN, PERSONAL REPRESENTATIVES, HEIRS AND ASSIGNS, YOU HEREBY VOLUNTARILY AND FOREVER RELEASE AND DISCHARGE FITNESS FROM WITHIN PARTIES FROM, AGREE NOT TO SUE FITNESS FROM WITHIN, AND WAIVE, ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, DEBTS, DAMAGES, LOSSES, COSTS, FEES, EXPENSES, DAMAGES, AND COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS FEES) PENALTIES, AWARDS, JUDGMENTS OR ANY OTHER ALLEGED LIABILITIES OR OBLIGATIONS OF ANY KIND OR NATURE, WHETHER KNOWN OR UNKNOWN (COLLECTIVELY, “CLAIMS”) RELATED IN ANY WAY TO THE USE OR PROVISION OF OR ACCESS TO THE SERVICES CAUSED BY ANY NEGLIGENCE OF FITNESS FROM WITHIN, YOU, ANY MINOR MEMBER(S), ANY OTHER MEMBER(S), AND/OR ANY OTHER PERSON (COLLECTIVELY, “NEGLIGENCE CLAIMS”).

You understand that such NEGLIGENCE CLAIMS could include but are not limited to Fitness From Within’s (1) negligent design, repair, maintenance, operation, supervision, monitoring, or provision of the Services; (2) negligent failure to warn of or remove a hazardous, unsafe, dangerous or defective condition; (3) negligent failure to facilitate or provide emergency care; (4) negligent hiring, selection, training, instruction, certification, supervision or retention of employees, independent contractors or volunteers; (5) negligent collection, use, disclosure or storage of personal, sensitive or other information (including negligent failure to implement or maintain information or cyber security controls); or (6) other negligent act(s) or omission(s).

3) INDEMNIFICATION. 

ON BEHALF OF YOURSELF AND YOUR SPOUSE/PARTNER, CHILDREN/MINOR MEMBER(S), OTHER MEMBER(S), PARENTS, GUARDIANS, HEIRS, NEXT OF KIN, PERSONAL REPRESENTATIVES, HEIRS AND ASSIGNS, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS FITNESS FROM WITHIN PARTIES FROM AND AGAINST ANY AND ALL CLAIMS (AS DEFINED ABOVE), WHETHER BY OR AGAINST ANY FITNESS FROM WITHIN PARTY OR ANY THIRD PARTY (INCLUDING BUT NOT LIMITED TO ANY OTHER MEMBER, ANY FAMILY MEMBER WHO IS NOT A FITNESS FROM WITHIN MEMBER, OR ANY OTHER PERSON OR ENTITY), CAUSED BY, ARISING FROM, RELATING TO OR RESULTING FROM, WHETHER DIRECTLY OR INDIRECTLY, (A) YOUR OR AN ADDITIONAL MEMBER’S VIOLATION OF THIS AGREEMENT OR ANY REPRESENTATION, WARRANTY, OR AGREEMENT REFERENCED IN THESE TERMS, OR ANY APPLICABLE LAW, RULE OR REGULATION, (B) ACCESS TO OR USE OF THE SERVICES OR YOUR ACCOUNT BY YOU OR AN ADDITIONAL MEMBER OR ANY THIRD PARTY ON YOUR BEHALF, OR ANY FAILURE TO SAFEGUARD YOUR OR THEIR ACCOUNT INFORMATION; (C) THE USER CONTENT YOU OR AN ADDITIONAL MEMBER MAKE AVAILABLE VIA THE SERVICES BY ANY MEANS, INCLUDING WITHOUT LIMITATION THROUGH A POSTING, A LINK, REFERENCE TO USER CONTENT, OR OTHERWISE, (D) VIOLATION OF ANY INTELLECTUAL PROPERTY RIGHT, PUBLICITY, CONFIDENTIALITY, OTHER PROPERTY OR PRIVACY RIGHT OR ANY OTHER THIRD-PARTY RIGHT BY YOU OR AN ADDITIONAL MEMBER; (E) ANY FEEDBACK YOU PROVIDE; AND (F) ANY DISPUTE OR ISSUE BETWEEN YOU AND ANY OTHER PARTY.

  • You agree to promptly notify Fitness From Within of any third-party claim, cooperate with Fitness From Within and its affiliates in defending such claim and pay all fees, costs and expenses associated with defending such claim (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance). You further agree that Fitness From Within or its designee shall have control of the defense or settlement of any third-party claims (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Fitness From Within or any of its affiliates.

  • You specifically agree that, if you (on your own behalf or on behalf of another, including an estate) assert any Claim(s) against any Fitness From Within Party and/or breach your agreement not to sue any Fitness From Within Party, you will pay all reasonable fees (including attorneys’ fees), costs and expenses incurred by the Fitness From Within Parties (“Fitness From Within’s Fees and Costs”) to defend the Claim(s) and all other Claims based on the same facts as the Claim(s).

  • Your agreement to defend the Fitness From Within Parties means that you will pay all of Fitness From Within’s Fees and Costs incurred to defend the Claim from the date the Claim is asserted. Your agreement to indemnify and hold the Fitness From Within Parties harmless means that you will pay any settlement, judgment, or other damages, fees or costs of any type incurred by any Fitness From Within Party to resolve the Claim.

4. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

4.1 DISCLAIMER OF WARRANTIES. YOU ARE ACCESSING AND USING THE SERVICES ON AN “AS IS, WHERE IS, AND AS AVAILABLE” BASIS. FITNESS FROM WITHIN IS NOT RESPONSIBLE FOR PROBLEMS ARISING FROM, OR INADEQUACIES IN THE CONTENT OF THE SERVICES OR ANY PARTICULAR FEATURES OR SERVICES OFFERED. FITNESS FROM WITHIN DOES NOT REPRESENTS OR WARRANTS THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION, MATERIALS, CONTENT, AND SERVICES OR THE ERROR-FREE USE OF THE SERVICES. FITNESS FROM WITHIN IS NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE TO YOU RELATED TO OR RESULTING FROM ACCESS TO OR USE OF THE SERVICES. FITNESS FROM WITHIN IS PROVIDING THE SERVICES WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING, AND FREEDOM FROM A COMPUTER VIRUS, ERRORS OR OTHER HARMFUL COMPONENTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Without limiting the foregoing, no Fitness From Within Makes no representations or warranties: (i) that the Services are or will be permitted in your jurisdiction; (ii) concerning any content included in the User Content; (iii) concerning any third party’s use of User Content that you submit; (iv) concerning any sites or resources outside of the Services, even if linked to from the Services; (v) that the Services will meet your needs; or (vi) that Fitness From Within will continue to support the Services or any particular feature of the Services.

4.2 LIMITATION OF LIABILITY. IN NO EVENT WILL FITNESS FROM WITHIN BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR LOSS OF DATA, DIMINUTION IN VALUE OF ASSETS, SECURITIES OR BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RESULTING FROM OR IN ANY WAY RELATED TO YOUR ACCESS TO OR USE OF THE SERVICES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE), STATEMENTS OR CONDUCT OF ANY THIRD PARTY RELATING TO THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF FITNESS FROM WITHIN TO YOU AND ANY ADDITIONAL MEMBER(S) FOR ALL CLAIMS (AS DEFINED ABOVE) ARISING OUT OF OR RELATING TO THE ORDER, RECEIPT, PROVISION OR USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICES OR OTHERWISE ARISING UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY), IS LIMITED TO THE AMOUNT YOU HAVE PAID TO FITNESS FROM WITHIN FOR THE SERVICE IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM.

Each provision of these Terms that provides for a limitation of liability, disclaimer of warranties, exclusion of damages or release is intended to and does allocate the risks between the parties under these Terms. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. Each of these provisions is severable and independent of all other provisions of these Terms. The limitations will apply even if your remedies hereunder fail of their essential purpose, and the foregoing shall constitute the Fitness From Within Parties’ sole liability and obligation in respect hereof, regardless of the form of action, whether based in warranty, contract, tort (including negligence), statute, or any other legal or equitable theory.

THE LIMITATIONS, EXCLUSIONS, INDEMNIFICATIONS AND DISCLAIMERS IN THESE TERMS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Fitness From Within DIGITAL DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT IT IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW, AND YOU MAY HAVE GREATER RIGHTS UNDER SUCH APPLICABLE LAWS.

5. USER CONTENT.

5.1. License to User Content. By posting, including on discussion boards or forums, submitting, transmitting, emailing, messaging, uploading, sharing, or otherwise making available (hereinafter “post” or “posting”) any messages, text, files, images, video, photos, sounds, chats, or other materials on or through the Services (“User Content”), you grant Fitness from Within an irrevocable, perpetual, fully paid, non-exclusive worldwide right to use, reproduce, display, distribute, adapt, perform and prepare derivative works of the User Content on the Services. Fitness from Within does not need any further approval for its uses of your User Content.

5.2 Photo Release. By purchasing the Services, you grant permission to Fitness From Within to use your likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration. You understand and agree that all photos will become the property of the Fitness From Within and will not be returned. You hereby irrevocably authorize Fitness From Within to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, you waive any right to inspect or approve the finished product wherein your likeness appears. Additionally, you waive any right to royalties or other compensation arising or related to the use of the photo. You hereby hold harmless, release, and forever discharge Fitness From Within from all claims, demands, and causes of action which you, your heirs, representatives, executors, administrators, or any other persons acting on your behalf or on behalf of your estate have or may have by reason of this authorization.

  1. ARBITRATION AGREEMENT WITH CLASS ACTION WAIVER

Mandatory Binding Individual Arbitration. Except as expressly provided below, Fitness From Within and you (each a “party” or, together, “us,” “we” or “parties”) agree that any dispute, Claim, case, or controversy (whether based in tort, contract, statute, regulation, ordinance, equity or any other legal theory) between us (whether arising out of or relating to past, present or future acts or omissions) (“Disputes”) shall be exclusively resolved by binding arbitration on an individual basis, rather than in court (“Arbitration Agreement”).

Waiver of Class Actions. We each agree that we will assert Disputes in arbitration only in our individual capacity, and not as a representative or member of any purported class. We each agree that we will not participate in any class, mass, collective, consolidated, private attorney general or other representative arbitration proceeding. Each party agrees that the arbitrator has no authority to arbitrate Disputes on a class-wide basis and shall not consolidate, combine, or jointly arbitrate Disputes of more than one person in a single arbitration.

Waiver of Jury Trial. We waive our constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, electing instead to resolve by binding arbitration all Disputes.

Disputes Not Subject to Arbitration. There are only three exceptions to this Arbitration Agreement:

  1. Small Claims. Either party may bring individual Claims in small claims court.

  2. Personal Injury Claims. Both parties must litigate personal injury Claims in court. For purposes of this exception, personal injury Claims are Claims arising from injury to the physical structure of the human body.

  3. Emergency Equitable Relief. Either party may seek temporary injunctive relief or other equitable relief in court pending arbitration. A request for interim measures will not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

Arbitration Procedures. Either party may initiate an arbitration proceeding, which will be conducted by a single neutral arbitrator.

Arbitration Providers. Each party has a choice of initiating arbitration before either the American Arbitration Association (“AAA”) or JAMS, which are both established alternative dispute resolution providers (“ADR Providers”). If neither AAA nor JAMS is available to arbitrate, we will agree to select an alternative ADR Provider to administer the arbitration in this Arbitration Agreement.

Arbitration Rules. The arbitration will be conducted under the AAA Consumer Arbitration Rules (available at www.adr.org) or JAMS Streamlined Arbitration Rules and Procedures (available at www.jamsadr.com) (“Arbitration Rules”). The rules of the ADR Provider will govern all aspects of the arbitration, except to the extent such rules are in conflict with this Arbitration Agreement.

Arbitration Location. The arbitration hearing will be held at the ADR Provider’s location is Houston, Texas.

Fees. Payment of all filing, administrative, and arbitrator fees will be governed by the Arbitration Rules.

Arbitrator’s Authority and Award. The arbitrator will decide the rights and liabilities, if any, of the parties, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any Claim. The arbitrator will have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the ADR Provider’s Rules, and this Arbitration Agreement. The arbitrator will issue a written award and reasoned statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. Any award will be subject to judicial confirmation or entry in any court having jurisdiction.

Governing Law. This Arbitration Agreement is governed by the Federal Arbitration Act and Texas arbitration law.

Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement or to enforce an arbitration award.

  1. Additional Terms.

Liability of Third Party Purchaser. To the extent you are agreeing to and accepting this Agreement as a purchaser, payor and guarantor for a Primary Member and any Additional Member(s) (a “Third Party Purchaser”), you understand and agree that you are not a Member and do not have the rights afforded a Member by this Agreement, regardless of pronoun usage and syntax used throughout this Agreement. Nonetheless, you are signing this Agreement to purchase the Fitness From Within Membership and provide payment for and guaranty the obligations of the Primary Member and all Additional Members on the Fitness From Within Membership. You acknowledge and agree to all provisions of this Agreement, including the “Payments” and “Payment Authorizations” sections, and are personally responsible for all Financial Obligations that are incurred by any Member under this Agreement, including without limitation Fitness From Within’s costs of collection, even if such Financial Obligations are increased without notice to you. You waive presentment, protest, demand, notice of dishonor or default, notice of non-payment, notice of any billings of Financial Obligations, and all demands and notices of any other kind in connection with the Financial Obligations.

  1. Survival. All your obligations, including without limitation your Financial Obligations, the authorizations to use any particular payment mechanisms and the arbitration agreement with a class action waiver, continue after the term of this Agreement or any membership.

  2. Assignability and Subcontracting. You cannot assign this Agreement but may change the Primary Member. This Agreement may be assigned by Fitness From Within in its sole discretion and without notice. Fitness From Within may use any subsidiary or affiliate as a subcontractor to provide the Fitness From Within Membership or any products or Services at Fitness From Within’s sole discretion and without notice, provided, however, Fitness From Within will remain responsible for any subsidiary’s or affiliate’s provision of products or Services. Fitness From Within may assign your payment obligations to a third party.

  3. Governing Law. These Terms, and your access to and use of the Services, shall be governed by and construed and enforced in accordance with the laws of the State of Texas without regard to conflict of law principles (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. For any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, you and Fitness From Within submit to the personal and exclusive jurisdiction of the state courts and federal courts of the State of Texas and the United States, respectively, located within the State of Texas, Harris County. Fitness From Within operates the Services from its offices in Texas and makes no representation that the Services are appropriate or available for use in other locations.

  4. Force Majeure. Fitness From Within will not be liable to you for any delay in delivery or your inability to access the Services, including any delay or lack of access due to an event beyond Fitness From Within’s reasonable control, such as an act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, epidemic, pandemic, governmental authority action, uprising, earthquake, flood or any other natural or man-made condition outside of Fitness From Within’s control. Fitness From Within will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by events outside its reasonable control.

  5. Entire Agreement; Merger. These Terms, including our Privacy Policy and any other agreements expressly incorporated by reference into these Terms, plus any additional terms, policies, rules or guidelines applicable to the Services that Fitness From Within may post on or link to from the Services, each of which are incorporated herein by reference, are the entire and exclusive understanding and agreement between you and Fitness From Within regarding the Services. You are not relying on any oral or written promises, representations, statements, covenants or warranties, other than those set forth herein, to induce you to agree to and accept this Agreement. These Terms replace any prior oral or written agreements or other communication between the parties with respect to the subject matter of this Agreement.

  6. Severability and Non-Waiver.

Severability. You acknowledge and agree that these Terms are intended to be as broad and inclusive as permitted under applicable law, including without limitation the ASSUMPTION OF RISK, WAIVER OF LIABILITY, INDEMNIFICATION, DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY and ARBITRATION AGREEMENT WITH CLASS ACTION WAIVER. To the extent that a court of competent jurisdiction determines any part of the terms and conditions in this Agreement to be invalid, illegal, void or unenforceable, that part will be modified by the court solely to the extent necessary to cause that part to be enforceable, and the remainder of the Agreement will remain fully binding and enforceable to the maximum extent permitted by applicable law.

Non-Waiver. Fitness From Within’s failure to exercise or enforce a legal right, remedy, obligation or benefit which is contained in the Agreement or any applicable law for any reason does not constitute waiver of its right to do so later.

YOU HAVE READ, UNDERSTAND, AND VOLUNTARILY AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS USE AGREEMENT.