Section 1: Fees and Payments

Purchasers Obligation. Purchaser shall not be relieved of the obligation to make payments agreed to, and no deduction from any payment shall be made because of Purchasers failure to use the services of JAC VITALE or any fitness video content made virtually available by JAC VITALE through its website and app.

Form of Payment. All payments are payable by electronic funds transfer from the Purchasers credit card account or debit card account. Purchaser must authorize payments to be made through a third party administered electronic funds transfer system. Purchaser maintains full control and privacy over his or her account at all times, and the transfer of funds affects only those fees that have Purchasers prior authorization and when a Purchaser authorizes any additional transaction, including but not limited to custom programs, classes, training packages, and retail transactions either on the Jac Vitale website or app, as well as charges associated with late cancellation and/or no-shows.

Returned Payment Penalty. Purchaser will automatically be charged any bank fee imposed on the app/website, plus a processing fee, for any returned payment item due to closed accounts, insufficient funds or similar issue. On such occasions, the Studio retains the right to collect the current and past due balances in any subsequent month.

Section 2: Purchaser Risk

Medical Recommendations. Purchaser is strongly advised to consult with his or her physician or to have a physical examination before using any of the App’s services or enrolling in any of the services available, including fitness video classes offered virtually via the apps website/app, especially if Purchaser is elderly, pregnant, has a history of heart disease, high blood pressure or other chronic illness, or is unaccustomed to strenuous physical exertion or has any other physical limitations that could create an increased risk of injury or adverse health consequences from strenuous exercise.

Purchaser Conduct. Purchaser shall not use any app, service or equipment in such a way as to endanger the health or safety of Purchaser or others. Purchaser shall be responsible for any property damage or personal injury caused by Purchaser and/or his or her guests. Purchaser agrees not to violate any laws while utilizing any app services and agrees further to abide by all of the app’s rules and regulations, as they now exist and as they may be amended from time to time in the discretion of Jac Vitale.

Purchaser Assumption of Risk. Purchaser acknowledges that his or her participation in the App’s services and necessarily involves a risk of severe, permanent physical injury (including, without limitation, strained, sprained or torn muscles, tendons or ligaments, broken bones, dislocation of joints, concussion, brain damage, nerve and spinal cord injury, and paralysis) and death. By enrolling or participating in any of the App’s services, or otherwise using any of the Jac Vitale services, PURCHASER WILLINGLY AND VOLUNTARILY ASSUMES ALL SUCH RISKS.  The Jac Vitale app cannot, and does not, guarantee that any service, video, class or equipment is free of risk of any and all accidents or injuries of any kind (including death).

Medical Disclaimer. Purchaser has been informed and acknowledges that Jac Vitale LLC makes no claims as to medical or fitness results that can or may be obtained through use of the Jac Vitale services, equipment, etc. Jac Vitale LLC has neither suggested nor will suggest any medical treatment to Purchaser. Only licensed medical professionals are qualified to give medical advice.

Purchasers Health Warranty. By enrolling or participating in any of the Jac Vitale services, or otherwise using any of the app’s services, Purchaser represents and warrants that he or she (i) is in good medical and physical condition, and that participation in the services or use of the app/website does not pose any danger to Purchasers health; (ii) has no medical or physical conditions that would preclude his or her participation in any of the Jac Vitale LLC services or use of the Jac Vitale app, or otherwise create an increased risk of injury or adverse health consequences as a result of strenuous exercise; and (iii) has not been instructed or advised by any physician against participating in strenuous physical exercise or exertion, participating in any of the Jac Vitale services or using the Jac Vitale app.

Purchaser Waiver, Release and Indemnity. By checking the box to signify agreement with the Terms and Conditions of Purchase and/or by attending classes or otherwise participating in Jac Vitale activities, Purchaser, on behalf of his- or herself, and on behalf of his or her heirs and assigns, expressly agrees to forever discharge, waive and release Jac Vitale LLC, and their respective members, officers, directors, affiliates, instructors, agents, employees and/or independent contractors (the Released Parties) from any and all claims, demands, injuries, liabilities, actions, causes of action and from all acts of active or passive negligence on the part of the Released Parties on account of any and all injuries or damages, including but not limited to bodily injury, mental injury, death and/or property damage from any event, mishap, accident, loss, damage or injury suffered resulting from or connected with or caused by the use of the Jac Vitale app services and memberships. Purchaser further agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless the Released Parties from any and all claims, losses and liabilities arising from, connected to, and/or arising from his or her use of the Jac Vitale app and services. Additionally, Purchaser and his or her guests shall hold the

Prevailing Party. In the event Purchaser commences an action against the app or its members, officers, affiliates, agents or employees and fails to obtain judgment or partial judgment in Purchasers favor, Purchaser shall be liable to the app for all costs and expenses associated with app’s defense of the action or any claims on which Purchaser did not prevail, including, without limitation, reasonable attorneys fees and costs.

Costs of Collection. Purchaser agrees to pay all costs plus reasonable attorney and collection fees in connection with Jac Vitale LLC (or Jac Vitale LLC designees) collection of any amounts owed by Purchaser.

Section 4: General Provisions

Independent Contractors. From time to time, the app may make the services of independent contractors available to Purchaser and his or her guests. The app does not warrant or guarantee the quality of these services.

Section 5: Miscellaneous

Non-Discrimination. The app will not discriminate against any person because of gender, race, creed, age, color, sexual orientation, national origin or ancestry in considering applications for, or have taken other action in connection with, entrance in the Jac Vitale app.

Waiver. It is understood and agreed that no failure or delay by any party hereto in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise preclude any other or further exercise or the exercise of any right, power or privilege hereunder.

Enforcement. If any provision of these Terms and Conditions of Purchase is held to be invalid or unenforceable by a court of competent jurisdiction, such holding shall not affect the validity or enforceability of any other provisions of this contract, which shall remain in full force and effect, and the provisions held invalid or unenforceable shall be deemed modified so as to give such provisions the maximum effect permitted by applicable law.

Governing Law; Jurisdiction. This agreement shall be governed in all respects by the substantive law of the State of New Jersey, without regard to its conflict of law principles. Purchaser hereby unconditionally consents to submit to the jurisdiction of the federal and state courts sitting in New Jersey, for any actions, suits or proceedings arising out of or relating to this agreement.

Entire Agreement. These Terms and Conditions of Purchase and all rules and regulations of the Jac Vitale app, as revised from time to time, constitute the entire and exclusive agreement between the parties, and supersede all prior promises, representations, understandings and/or agreements relating to the subject matter hereof. This agreement may be modified only by an instrument in writing and only by Jac Vitale.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. JAC VITALE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

JAC VITALE 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 ON THE SITE 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. JAC VITALE 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 JAC VITALE 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 SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SWERVE FITNESS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Account Termination / Access Restriction

JAC VITALE reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Jersey and you hereby consent to the exclusive jurisdiction and venue of courts in New Jersey in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Jac Vitale as a result of this agreement or use of the Site. Jac Vitale’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Jac Vitale’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Jac Vitale with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Jac Vitale with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Jac Vitale with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Jac Vitale reserves the right, in its sole discretion, to change the Terms under which www.jacvitale.com is offered. The most current version of the Terms will supersede all previous versions. Jac Vitale encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Jac Vitale welcomes your questions or comments regarding the Terms at  jac@jacvitale.com

LAST REVISED ON: May 3, 2021