Please read over the Client Terms of Services and “Sign” below at the bottom.
PERFORM NOW LLC
CLIENT TERMS OF SERVICE
Welcome to Perform Now! This Terms of Service (the "Terms") is a legally binding contract between you (“you” or “Client”) and Perform Now LLC (the "Company") which governs your use of the Perform Now witness and the Company's related products, mobile applications, social media accounts, and other services (collectively, "Perform Now"). As consideration for accessing or using Perform Now in any way, you agree to be bound by the Terms in full, whether or not you register as a member of Perform Now (a "User") or use any services provided by the Company.
The Company reserves the right to change, modify, or update the Terms at any time. Upon such update, Users will be notified by email. You agree to be bound by the most recent version of the Terms available on Perform Now.
(a) You may sign up for a training session (a “Session”) with a personal trainer available through the Company’s website (a “Trainer”). By signing up for a Session, you acknowledge and agree that:
i. You have consulted with your doctor and any other relevant medical professional to ensure that you are fit to participate in rigorous physical activity, and that you will not participate in such activity unless your doctor has instructed you to do so;
ii. You are solely responsible for your success or lack thereof in reaching your fitness or health goals; and
iii. The Company is not responsible for anything that occurs during your Session, and will not be liable for any damages resulting therefrom (in accordance with Section X of this Agreement).
2. Use of Perform Now
(a) The Company does not guarantee the information provided by Trainers. You acknowledge and agree that all information provided by Trainers is provided free of warranty and is relied upon solely at your own risk.
(b) You grant the Company a perpetual, irrevocable, worldwide, royalty-free and non- exclusive license to use, copy, distribute, publicly display, modify, create derivative works of, and sublicense any material you post to Perform Now.
(a) Each Session will be billed at $__________. You must make payment prior to the start of the Session. You may make payment via credit card (Through Acuity Scheduling App or Venmo App) or cash.
(b) If you fail to make payment prior to the start of the Session, you acknowledge and agree that Perform Now and/or your Trainer may cancel the Session upon notice to you.
4. Limitation of Damages; No Warranties
(a) PERFORM NOW AND ALL OF THE SERVICES PROVIDED THROUGH PERFORM NOW OR THE COMPANY ARE PROVIDED “AS IS” AND “WHERE IS,” WITH NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT PERFORM NOW WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. PERFORM NOW AND ITS SERVICES ARE SUBJECT TO CHANGE AT ANY TIME.
(b) YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR ANY SESSION, INCLUDING BUT NOT LIMITED TO BODILY INJURY, ILLNESS, DEATH, LOSS OF REVENUE, OR PROFITS OR OTHER BENEFITS, AND CLAIMS BY ANY THIRD PARTY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING WITHOUT LIMITATION TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, AND OTHER TORTS.
(a) You agree, to the maximum extent legally permissible, to defend, indemnify, and hold harmless the Company and its affiliates, including and each of our and their respective shareholders, members, directors, employees, and agents, from and against any damages, claims, and expenses, including reasonable attorneys’ fees, that relate in any way to your use of Perform Now, your interaction with other Users, or your provision of legal services. We may, in our sole discretion, assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will (at your own cost) provide us with reasonable assistance.
(a) The Terms shall be governed and construed by the laws of the state of New York, without regard for the conflict of laws. Any dispute arising out of, or relating to, the Terms, your use of Perform Now, or your interaction with other Users, shall be brought exclusively in the state or federal courts of Suffolk County, New York.
(b) BY BECOMING A USER, YOU AGREE TO WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS OR GROUP LITIGATION, ARBITRATION, OR DISPUTE RESOLUTION AS IT RELATES TO THE TERMS OR YOUR USE OF PERFORM NOW.
7. General Terms
(a) The Company utilizes emails, Acuity Scheduling, phone calls, and SMS messages to communicate with its Users. By using or registering with Perform Now you agree to be contacted by the Company through email, phone, and SMS and acknowledge that you have electronically signed your name agreeing to such.
(b) The Terms represents the full, final and complete understanding among you and the Company regarding your relationship with the Company.
(b) If any provision of the Terms is held to be invalid or unenforceable, the remainder of the Terms shall continue in full force and effect to the maximum extent allowed by law.
(c) Any delay or failure of the Company to exercise or enforce any portion of these Terms shall in no way constitute acquiescence or a waiver of rights.
(d) We may assign the Terms at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We will use reasonable efforts to notify you regarding any change of ownership. You may not assign, transfer or sublicense the Terms to anyone else and any attempt to do so in violation of this section shall be null and void.
(f) You may contact the Company via email at firstname.lastname@example.org___ to cancel this Agreement at any time. Similarly, the Company may terminate this Agreement with you at any time by notifying you at your personal email.
IN WITNESS WHEREOF, the Parties, intending to be legally bound, have each executed this agreement as of the Effective Date.