Non Disclosure Agreement
You agree to hold confidential all proprietary information and or trade secrets (“confidential information”) in trust and confidence and you agree that it shall be used only for the contemplated purposes, shall not be used for any other purpose, or disclosed to any third party. You warrant, covenant and agree as follows:
You, or any others employed or engaged by Stitch Fitness, agree not to disclose, directly or indirectly, any information with respect to any business conducted by Stitch Fitness. Without restricting the generality of the foregoing, it is agreed that we will not disclose:
- Financial information, business plans, strategies for development or growth, or any other proprietary information not known generally to the public or in the public domain relating in any way to the business of Stitch Fitness, or any other information regarding the management or method of operation of the Website, and
- That you will not copy or reproduce, in any form, information provided to you by Stitch Fitness for the purpose of distribution or use outside the Website.
You acknowledge that the aforesaid restrictions are necessary and fundamental to the business of Stitch Fitness, and are reasonable given the nature of the business carried on by Stitch Fitness. You agree that this Agreement shall be governed by and construed in accordance with the state of Idaho. You agree that each provision of this Agreement is separate and distinct, and is severable from all other separate and distinct provisions.
If any of the activities, periods of time, or other matters contained in this Agreement are considered by a court of competent jurisdiction as being unreasonable, the court shall have the authority to limit such matters as the court deems proper in the circumstances and if any provision is void or unenforceable in all or in part, it shall not affect the enforceability of the balance of this Agreement. Stitch Fitness shall be entitled and has the right to obtain an injunction to ensure compliance with this Agreement.
You enter into this Agreement totally voluntarily, with full knowledge of its meaning, and without duress.
ONLINE PERSONAL TRAINER/CLIENT AGREEMENT
In consideration of my being able to participate in a Personal Training Program, I understand that by purchasing any product or service from Stitchfitness.com I assume the risks for participation.
I understand that the program is voluntary and that my Personal Trainer will develop and guide me through my nutrition and/or exercise program(s). I understand that the online nutrition and exercise guides are designed for those individuals who do not have certain medical limitations regarding diet/exercise. If applicable, I will accurately and completely disclosure of any prescribed medications I am taking and any exercise or diet limitations I am aware of or have been informed of by my doctor, so that my Trainer can develop a modified plan for my personal medial considerations. During the program if my medications, condition, or medical limitations should change, I will notify the Trainer. I understand that it is recommended that I have a yearly physical or more frequent physical examination and consultation with my physician as to physical activity and diet so I am aware of what is appropriate for me. I acknowledge that I have either had a physical exam and have been given my physician’s permission to participate or I have decided to participate without approval of my physician.
I understand that although my Trainer may include recommended caloric ranges, macronutrient distribution, and suggested foods to ingest (or, in some cases, avoid) to better meet my fitness goals. I also understand that my trainer is not a nutritionist or registered dietician (RD), and he/she is legally not allowed to prescribe a specific meal plan for me. I understand that any specific diet limitations need to be discussed with my physician, nutritionist, or RD to ensure proper monitoring.
I understand that I have the complete right to stop or decrease exercise at any time during a session, and that it is my obligation to notify my physician or seek medical attention immediately if I develop any symptoms such as fatigue, shortness of breath or chest discomfort.
I realize that participation in the program including but not limited to exercising, use of exercise equipment and strenuous exertion (strength training) all of which increase heart rate and body temperature.
I understand that exercise involves certain risks, including but not limited to, serious neck and spinal injuries resulting in complete or partial paralysis, heart attack, stroke or even death. Also, injuries could occur to bones, joints or muscles. Slips, falls, and unintended loss of balance could result in muscular, neurological, orthopedic or other bodily injury. I understand that part of the risk involved in undertaking any activity or program is relative to my own state of fitness or health (physical, mental, or emotional) and to the awareness, care and skill which I conduct myself in that activity or program.
Knowing the material risks and appreciating, knowing and reasonably anticipating that other injuries are a possibility, I hereby expressly assume all of the delineated risks of injury, all other possible risk of injury, and even risk of possible death, which could occur by reason of my participation
I do hereby waive, release and forever discharge to Stitchfitness, stitchfitness.com, stitch fitness LLC, or any parties affiliated from any and all responsibilities or liability for any present and future injuries or damages resulting or arising from my participation in any activities including but not limited to use of the nutrition guide, exercise, personal training or use of the equipment including any injuries and damages caused by the negligent act or omission of any of those persons or entities mentioned above.
Personal Training Policies and Procedure
– Programs and or online coaching subscriptions must be paid in full prior to having the online package PDF files emailed to you or programs available.
– Online package PDF files may be printed out for personal use, but are not to be distributed to any other individuals other than the purchaser.
I declare that I have read, understand and agree to the contents of this Personal Training Agreement in its entirety. I understand that the Assumption of Risk, Waiver of Liability, and Personal Training Policies and Procedures are intended to be as broad and inclusive as permitted by the state of Idaho and the United States and agree that if any portion is held invalid, the remainder will continue in full force and effect.
The Website and the information contained within it is protected by copyright. Reproduction of part or all of the Website contents in any form is prohibited unless for personal use. Content of the Website may not be copied to any other publication (including electronic, hard copy or others). Interior deep linking or framing of the Website is prohibited without written permission of Stitch Fitness.
Disclaimer of Warranty; Limitation of Liability
The information provided through this site or sent to you by a Stitch Fitness trainer is intended to assist you in your fitness efforts. All information is of a general nature and is furnished for educational purposes only. You agree and acknowledge that Stitch Fitness is not a medical organization, hospital or staffed by medically trained personnel. The information provided through this site is not intended as a substitute for medical counseling, or the professional advice of your personal physician. Before you begin any fitness or nutrition program, consult your physician to determine if the fitness or nutrition program is right for your needs. Do not start a fitness or nutrition program if your physician advises against it. Please note that the Website’s trainers, affiliates or employees cannot provide you with medical advice and nothing that you may read on this site or that is otherwise provided to you by the Website’s trainers, affiliates or employees should be construed as such. Although Stitch Fitness and the Website’s trainers, affiliates and employees makes an effort to provide quality information to you, Stitch Fitness disclaims any implied guarantee regarding the accuracy, completeness, timeliness, or relevance of any information provided through this site or sent to you by a Stitch Fitness trainer or the Website. For example, health, diet & fitness advice is often subject to updating and refining due to medical research and developments. No assurance can be given that the information provided through this site will reflect the most recent findings or developments with respect to the particular material. The Website is intended for use only by healthy adult individuals. The Website is not intended for use by minors or individuals with any type of health condition. Such individuals are specifically advised to seek professional medical advice prior to initiating any fitness or nutrition effort or program.
Limitation of Liability
IN NO EVENT SHALL THE VENDOR (Stitch Fitness, Stitch, Stitchfitness.com, or Stitch Fitness LLC) AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS DIRECTLY OR INDIRECTLY, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF REVENUE, INCOME, PROFIT, REPUTATION, GOODWILL OR CUSTOMERS WHATSOEVER RESULTING FROM YOUR USE OF OR ACCESS TO THE SERVICES OR ANY CONTENT (INCLUDING WITHOUT LIMITATION ANY WORK-OUT PLANS, EXERCISE VIDEOS OR SIMILAR CONTENT PROVIDED BY OR ON BEHALF OF THE VENDOR), INCLUDING WITHOUT LIMITATION RESULTING FROM ANY: (I) ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN THE SERVICES; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES OR ANY CONTENT; (III) UNAUTHORIZED ACCESS TO OR USE OF THE VENDOR’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION OR OTHER INFORMATION STORED THEREIN OR THEREON; (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) TERMINATION OF ACCESS TO THE SERVICES OR REMOVAL OF ANY CONTENT BY THE VENDOR; (VI) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD-PARTY; OR (VII) ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, WHETHER THE FOREGOING IS BASED ON WARRANTY, CONTRACT, TORT, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE AFFECTED PARTIES ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL AGGREGATE LIABILITY OF THE VENDOR FOR ANY AND ALL CLAIMS RELATED TO THE TERMS OF SERVICE AND/OR USE OF, OR ACCESS TO, THE SERVICES SHALL BE LIMITED TO DIRECT DAMAGES SUFFERED BY YOU, NOT TO EXCEED THE LESSER OF USD $100.00 AND THE AMOUNT ACTUALLY RECEIVED BY THE VENDOR FROM YOU PURSUANT TO THE TERMS OF SERVICE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. ANY ACTION COMMENCED AGAINST THE VENDOR FOR ANY AND ALL CLAIMS RELATED TO THE TERMS OF SERVICE, SHALL BE BROUGHT WITHIN TWELVE (12) MONTHS AFTER SUCH CAUSE OF ACTION SHALL HAVE FIRST ARISEN.
THE VENDOR DOES NOT CONTROL CONTENT AND DOES NOT GUARANTEE THE ACCURACY OR INTEGRITY OF SUCH CONTENT. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE VENDOR SHALL NOT BE LIABLE IN ANY WAY FOR ANY CONTENT INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU ACKNOWLEDGE AND AGREE THAT, WITH RESPECT TO ANY DISPUTE RELATED TO THE TERMS OF SERVICE YOU HEREBY GIVE UP YOUR RIGHT TO (I) HAVE A TRIAL BY JURY; AND (II) PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY DISPUTE RELATED TO THE TERMS OF SERVICE.
ALL FOREGOING LIMITATIONS AND EXCLUSIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Indemnity by You
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE VENDOR AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS, DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES) ARISING FROM: (I) YOUR OR YOUR AGENTS’ USE OF OR ACCESS TO THE SERVICES; (II) ANY THIRD PARTY USE OF, OR ACCESS TO, YOUR ACCESS ID; (III) YOUR OR YOUR AGENTS’ VIOLATION OF ANY TERM OF THE TERMS OF SERVICE; (IV) YOUR OR YOUR AGENTS’ VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY OR PRIVACY RIGHT; OR (V) ANY CLAIM THAT YOUR CONTENT CAUSED DAMAGE TO A THIRD-PARTY. THIS DEFENCE AND INDEMNIFICATION OBLIGATION SHALL SURVIVE THE TERMS OF SERVICE AND YOUR AND YOUR AGENTS’ USE OF THE SERVICES.
You authorize Stitch Fitness to charge the account designated during the registration process the current fees and charges for each term according to the subscription plan. You can also at any time through your account on the website. Once you cancel, you will not be charged again for the Service. You are responsible for any charges associated to connecting to the Website, including but not limited to, any telephone line charges or any Internet access provider charges. You shall provide Stitch Fitness with accurate, complete and updated information as to your name and e-mail address and payment information provided by you at registration. Failure to do so shall constitute a breach of this Agreement.
Stitch Fitness may, at its sole discretion, provide refunds on a case by case basis. It is the sole responsibility of the Registrant or Member to read and understand what services are being offered prior to joining.