Please read the Terms and Conditions carefully before accepting and accessing any online services and mobile application provided by High Altitude Personal Training LLC d/b/a Fitness Collective, or its affiliates, hereinafter referred to as “FITNESS COLLECTIVE.”
FITNESS COLLECTIVE OFFERS GENERAL HEALTH AND FITNESS INFORMATION DESIGNED FOR INFORMATIONAL PURPOSES ONLY. FITNESS COLLECTIVE STRONGLY RECOMMENDS THAT YOU SEEK PROFESSIONAL MEDICAL ADVICE BEFORE BEGINNING ANY EXERCISE, NUTRITION, DIETARY OR WEIGHT LOSS PROGRAM.
High Altitude Personal Training, LLC, AZ Fitness Group 1, LLC, and HAPT Franchising LLC (collectively “FITNESS COLLECTIVE”) provide both in-person and online fitness training programs and activities to members. FITNESS COLLECTIVE’s online resources and mobile applications provide members with an online platform for in-home workouts which may include, among other items, live streams of workout classes, pre-recorded workouts, individualized workouts customized to you, and/or general instructions for exercising outside of FITNESS COLLECTIVE facilities (collectively “Services”). These Terms and Conditions govern your use of any FITNESS COLLECTIVE Services including, but not limited to FITNESS COLLECTIVE’s website and mobile applications. Any use of FITNESS COLLECTIVE’s Services indicates your agreement to the current Terms and Conditions. The Terms and Conditions do not alter any other agreement you may have with FITNESS COLLECTIVE.
Section 1. Use of Services / Membership. Use of FITNESS COLLECTIVE’s Services is limited to FITNESS COLLECTIVE members 13 years of age or older with an active subscription with FITNESS COLLECTIVE. Users under the age of 18 must also have the written consent of a parent or legal guardian in a form provided by FITNESS COLLECTIVE. Your FITNESS COLLECTIVE membership and your subscription to use FITNESS COLLECTIVE’s Services is governed by the terms of your membership agreement with FITNESS COLLECTIVE. You agree to pay all fees and costs described in the membership agreement.
Section 3. Intellectual Property. All proprietary content available on any of FITNESS COLLECTIVE’s Services, including but not limited to videos, text, designs, graphics, data, code, and software, is the property of FITNESS COLLECTIVE or its licensors and is protected by copyright, trademark, patent, trade secret and other intellectual property law. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through any of FITNESS COLLECTIVE’s Services to anyone. Any copy made of information obtained through the use of FITNESS COLLECTIVE’s online applications must include the copyright or other proprietary notices contained on such materials. All software and accompanying documentation or content made available for download from any of FITNESS COLLECTIVE’s online applications, is the copyrighted work of FITNESS COLLECTIVE or its licensors.
Section 4. License and Restrictions. FITNESS COLLECTIVE expressly reserves all right, title, and interest in the content of its Services. Subject to the terms and conditions of this agreement, FITNESS COLLECTIVE grants each user a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use its Services, for personal use on any device owned by you. By agreeing to these Terms and Conditions, you agree not to sell, rent, lease, transfer, sublicense, distribute or otherwise make any of FITNESS COLLECTIVE’s online applications or resources available to third parties for any reason. You further agree not to: (i) modify, translate, copy, reverse engineer, decompile, disassemble, re-engineer, or otherwise create or attempt to create the source code of FITNESS COLLECTIVE’s online resources, or (ii) modify or create derivative works based on FITNESS COLLECTIVE’s online resources.
Section 5. Change of Terms and Conditions. FITNESS COLLECTIVE may change these Terms and Conditions without notice. Any change to these Terms and Conditions is effective upon FITNESS COLLECTIVE’s posting of such updated Terms and Conditions to its website or online applications. Your continued use of FITNESS COLLECTIVE’s Services after the posting of updated Terms and Conditions will be considered your acceptance of the changes. We recommend that you occasionally check FITNESS COLLECTIVE’s website to inform yourself of any changes in these Terms and Conditions and stay apprised of any other policies that may be applicable. You are solely responsible for reviewing and becoming familiar with any modifications to these Terms and Conditions.
Section 6. Release of Liability. The use of FITNESS COLLECTIVE’s Services may result in injury, disability or death. FITNESS COLLECTIVE is not liable for any injury sustained by your use of FITNESS COLLECTIVE’s Services. Prior to using FITNESS COLLECTIVE’s Services, you must complete a Release of Liability form provided by FITNESS COLLECTIVE.
Section 7. Accessing Services. FITNESS COLLECTIVE’s Services may include services that can be accessed through your mobile device and/or over the internet. The internet speeds required for effective use of the online services varies by product. Failure to maintain adequate internet connection may result in your inability to access or decrease the quality or availability of Services. By using your mobile device to access FITNESS COLLECTIVE’s Services, you may incur fees from your mobile device carrier including your carrier’s standard charges, data rates and other fees. FITNESS COLLECTIVE is not responsible for any fees incurred through the use of your mobile device or for the costs or fees charged by your internet service provider required to access FITNESS COLLECTIVE’s Services. Any suspension, interruption, unavailability or inadequacy of your internet or mobile service will not reduce your monthly fee for Services.
Section 8. Third Party Services. FITNESS COLLECTIVE’s Services may include hyperlinks or directions to access content on third-party websites, applications, or other services that are not under the control of FITNESS COLLECTIVE. FITNESS COLLECTIVE does not control, oversee or endorse any third-party services that may be accessed through FITNESS COLLECTIVE’s Services. FITNESS COLLECTIVE is not responsible or liable for any injury caused by use of any third-party service and each third-party service may be governed by their own Terms and Conditions. It is the responsibility of each user to ensure they are in compliance with such Terms and Conditions.
Section 9. Arbitration. Disputes arising from these Terms and Conditions or from the use of any Services will be resolved through binding arbitration which means you agree to waive your right to a trial by jury in any action or proceeding relating to any and all claims you may have against FITNESS COLLECTIVE, its affiliates, representatives, agents or any related parties.
Section 10. Governing Law. Any disputes arising hereunder, including the validity and construction of these Terms and Conditions, shall be governed by and interpreted in accordance with the laws of the State of Arizona, without reference to choice of law principles.
Section 11. Severability. If a fact-finding entity (i.e., an arbitrator) finds a provision or part of a provision in these Terms and Conditions unenforceable, the remainder of these Terms and Conditions remain effective.
Section 12. Termination. FITNESS COLLECTIVE reserves the right in its sole and absolute discretion to terminate your account, membership or subscription with FITNESS COLLECTIVE. FITNESS COLLECTIVE also reserves the right to restrict your access to FITNESS COLLECTIVE Services or modify the Services available. FITNESS COLLECTIVE may exercise these reserved rights for any reason, without prior notice and without liability to you or others.
Section 13. Warranty Disclaimer. Except as otherwise expressly provided in these Terms and Conditions, FITNESS COLLECTIVE makes no warranty with respect to any technology, goods, services, rights or other subject matter relating to its online applications or its services and hereby disclaims warranties of merchantability, fitness for a particular purpose and noninfringement with respect to any and all of the foregoing.
Section 14. Results Disclaimer. FITNESS COLLECTIVE makes no warranty with respect to the health and fitness results you may experience by using any of FITNESS COLLECTIVE’s Services. Health and fitness results will vary greatly for each individual user and may depend on factors out of FITNESS COLLECTIVE’s control. FITNESS COLLECTIVE is not responsible or liable for any user’s failure to achieve their desired health and fitness results.