TERMS OF PARTICIPATION
Please READ carefully. By purchasing Permanent Lifestyle Reset, the following Terms and Conditions are entered into by Megan Seelinger Fitness LLC. (“Company”, “we”, or “us”) and You (“Client” or “You”) agree to the following terms stated herein.
PROGRAM/SERVICE
Megan Seelinger Fitness LLC (herein referred to as “Company”) agrees to provide “Permanent Lifestyle Reset” (herein referred to as “Program”) identified in online commerce shopping cart. As a condition of participating in the Program, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.
As part of the Program, the Company shall provide the following to Client:
A Password Protected Program Area: The Company shall maintain a Program Area that will include video, templates, checklists, slide decks and other training and support information. You shall have access to this Program Area for as long as you are a paying member, however no less than 4 months. In the event that Company intends to close the Program Area, it shall provide clients with a 30-day notice and the ability to download the core resources contained in the Program Area.
From time to time, the Company will offer bonuses to individuals who sign up for the Program. You shall be entitled to any bonuses offered to you at the time of your enrollment. Bonuses are not guaranteed to be available for the entire lifespan of the program and they vary depending on specific live and automated promotions throughout the year.
one on one client calls is client's responsibility to schedule. If you fail to schedule your call, fail to show up at the set call time or fail to reschedule 24 hours prior to the previously selected date and time of the call you forfeit that call.
DISCLAIMER
The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Program.
Client understands Megan Seelinger (herein referred to as “Consultant”) and Megan Seelinger Fitness LLC is not an employee, agent, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist, attorney or accountant. Client understands that Consultant has not promised, shall not be obligated to and will not;
Client further understands that this course does not promise any outcomes whatsoever. The consultant does not guarantee the Client will earn any income through this course. The consultant’s course is to demonstrate to the Client how to make a permanent lifestyle change and breakthrough weight loss resistance. Nothing herein or within the course should be construed as to guarantee success in any aspect.
ONLINE PERSONAL TRAINER/CLIENT AGREEMENT
In consideration of my being able to participate in Permanent Lifestyle Reset, I understand that I must read and agree to where I assume the risks for participation and waive liability.
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 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 disclose 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 medical 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 the approval of my physician.
I understand that while my Trainer will review any disclosed medical limitations, my Trainer is not a physician and cannot replace the advice and expertise of a 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, 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 Megan Seelinger and/or Megan Seelinger Fitness LLC 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.
FEES
In consideration of Your access to the Program, you agree to pay the following fees.
You may choose between a single payment of $1430 (due immediately) or 4 monthly payments of $397. If you elect to pay for this course in full, you can pay in one payment of $1430. If you select the payment plan, you must pay the initial payment today and then your selected payment method will be automatically charged the following payments on a monthly basis, for a total payment of $1588. If you opt for monthly payments, you will remain responsible for those payments. You may not cancel or avoid these payments. In the event that any payment is not made, the Company shall immediately suspend your access to the Program until your account is paid up to date.
METHODS OF PAYMENT
If You elect for the payment plan, You hereby authorize the Company to charge your credit card or debit card automatically according to the terms set forth in the Fees section above.
Client will be required to provide account information for at least one valid credit card through the Company’s payment page (“Credit Card Information”). We will use this Credit Card Information to process agreed-upon payment in accordance with this Agreement.
We are not liable for any payments that are not completed because: (1) your credit card account does not contain sufficient funds to complete the transactions or the transactions would exceed the credit limit or overdraft protection of the credit card account; (2) You have not provided us with correct payment account information; (3) your credit card has expired; or (4) of circumstances beyond our control (such as but not limited to, power outages, interruptions of cellular service, overzealous fraud protection rules applied by your payment card brand or acquirer bank, or any other interface from an outside force).
All payment is exclusive of any taxes or duties imposed by jurisdiction tax law. The Company will not be responsible for any taxes or duties owed by you.
Client agrees to pay all fees incurred by Company in order to collect payment from Client, including reasonable attorney fees.
TERMINATION
a. Company may terminate this agreement if:
b. Company may terminate this agreement if:
COURSE REFUND POLICY
All sales are final and no refunds will be afforded and you waive any rights to charge-back your purchase with your credit card processor. Subscriptions will not be prorated if cancellation occurs during a billing cycle. Client is not entitled to a refund if either Party terminates this Agreement under Section 4.
TESTIMONIAL AND PHOTO RELEASE
In consideration of good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I, the undersigned, hereby grant to Megan Seelinger/Megan Seelinger Fitness LLC and his/her agents the right to use my name, biographical information, photographs, images, story and/or testimonial, in whole or in part.
The rights granted herein shall extend in perpetuity, unless revoked in writing to Trainer by me, throughout the world and for any purpose whatsoever, including without limitation for marketing and advertising purposes of Trainer, and in any and all media, including without limitation Trainer’s website. I acknowledge that Trainer has no obligation to return any photographs or images to me.
I hereby RELEASE, WAIVE and FOREVER DISCHARGE any and all claims arising out of, or in connection with, such use by Trainer, including without limitation any and all claims for libel or invasion or privacy.
CONFIDENTIALITY
The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Program, you hereby agree to respect the privacy of other Program participants and to respect the Company’s confidential information.
Specifically, you shall not share any information provided by other Program participants outside of the bounds of the Program unless you receive express written permission from such other participants to share the information. Similarly, the content of the Program contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Program with anyone other than the Company, it’s owners and employees, and other Program participants.
NO TRANSFER OF INTELLECTUAL PROPERTY
All content included as part of the Program, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Program, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Program are the trademarks of their respective owners.
Your participation in the Program does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Program, You agree to observe and abide by all copyright and other intellectual property protection.
You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Program content and resources. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Program.
The Company content is not for resale. Your participation in the Program does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.
You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Program will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.
INDEPENDENT CONTRACTOR STATUS
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Program, which provides education and information. The information contained in the Program, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.
FORCE MAJEURE
The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
SEVERABILITY/WAIVER
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
MISCELLANEOUS
You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Program and/or any information and resources contained in the Program. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Program.
The information, software, products, and service included or available through the Program may include inaccuracies or typographical errors. Changes are periodically added to the information in the Program. The Company and/or its suppliers may make improvements and/or changes in the Program at any time.
The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Program for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Program, with the delay or inability to use the Program or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Program, or otherwise arising out of the use of the Program, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Program or any portion of it, your sole and exclusive remedy is to discontinue using the Program.
NON-DISPARAGEMENT
The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
ASSIGNMENT
Client may not assign this Agreement.
MODIFICATION
Company may modify terms of this agreement at any time. All modifications shall be posted on the course’s website and purchasers shall be notified.
TERMINATION
The Company reserves the right, in its sole discretion, to terminate your access to the Program and the related services or any portion thereof at any time, if You become disruptive to the Company or other Program participants, if You fail to follow the Program guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Program and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
RESOLUTION OF DISPUTES
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Program. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only in the state or federal courts that are geographically nearest to Port Republic, Maryland
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Program. All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the jurisdiction closest to Port Republic, Maryland or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction.
EARNINGS DISCLAIMER
Every effort has been made to accurately represent this product and its potential.
This site and the products offered on this site are not associated, affiliated, endorsed, or sponsored by Facebook, Pinterest or Instagram nor have they been reviewed tested or certified by Facebook, Pinterest or Instagram.
There is no guarantee that you will lose weight using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of health and weight loss. Results are entirely dependent on the person using our product, ideas, and techniques. We do not position this product as a “lose weight fast scheme”
Any claims made of actual weight loss or examples of actual results can be verified upon request. Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned, your understanding, knowledge, and efforts. Since these factors differ according to individuals, we cannot guarantee your success or weight loss success. Nor are we responsible for any of your actions.
Materials in our product and our website may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance.
Any and all forward-looking statements here or on any of our sales material are intended to express our opinion of health and weight loss potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our material.
If you do not understand or agree with any of these conditions, please do not order this material. If you require further clarification, please contact Megan Seelinger Fitness LLC
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement of the parties with
respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings and agreements, whether written or oral, with respect to such subject matter.
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