terms

Agreement and Terms of Service - This Agreement and Terms of Service are entered into by and between you (sometimes referred to as "Client"), and Cosmic Fitness Group LLC (sometimes referred to as “The Fitness Coven”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the "Agreement"), govern your access to any Cosmic Fitness Group LLC class, service, or engagement, as well as your use of www.thefitnesscoven.com including any content, functionality, and services offered on or through wwwthefitnesscoven.com (the "Website"), whether as a guest or a registered user. Please read this Agreement carefully. By attending a class, receiving service, or by using the Website, you accept and agree to be bound and abide by this Agreement. If you do not want to agree to this Agreement, you must not access or use the Website, attend a class, or receive a service.  PLEASE READ THOROUGHLY. Risks and Discomforts - There are inherent risks associated with  cardio, strength training, and other forms of vigorous physical activity. Participation in fitness programs may result in acute muscle and/or joint pain, pulled muscles, brief changes in blood pressure, feelings of lightheadedness, dizziness, delayed onset muscle soreness, and conditions including, but not limited to, tendinitis and other discomforts. Participants can and should stop at any point during exercise if they are experiencing discomfort. Waiver and Assumption of Liability - You acknowledge and agree that: (i) there are risks associated with any physical activity, the use of exercise equipment, and participation in an exercise program; (ii) participation in challenges and use of the website is undertaken by you voluntarily; and (iii) such use and participation may include the risk of serious bodily injury or death. You assume all risk associated with the services provided by, or related to, the Releasee. You understand and acknowledge that neither the Releasee nor their personnel have expertise in diagnosing, examining, or treating any health condition. If you experience any illness, injury, discomfort, impairment or other health concern prior to or during a session it is strongly recommended you discontinue and consult with a physician. The Releasee will not be liable for any personal or property injuries, damages, even in the event of negligence, fault or failure to use due care on the part of The Fitness Coven, and irrespective of whether such negligence, fault, or failure to use due care is present at the signing of this agreement or takes place thereafter. Responsibilities of the Participant - It is necessary to notify your physician of your participation in any exercise program, particularly if you are receiving ongoing care for a health condition. You agree to adhere to any recommendations of the physician with regard to the choice and intensity of exercises you perform. You should not exercise when you are feeling sick or otherwise unwell. You understand that it is your responsibility to monitor your medical conditions. YOU AGREE THAT YOU ARE PARTICIPATING IN THE FITNESS COVEN’S WORKOUT PROGRAM AT YOUR OWN RISK. Liability Waiver Acknowledgement - Client understands that the activities Client is voluntarily participating in at The Fitness Coven or participating events present an inherent risk and Client acknowledges and agrees to assume any and all risks of bodily injury, death, disability, or property damage, whether those risks are known or unknown. Client forever release the Releasee. and their related entities, respective directors, officers, employees, volunteers, agents, and contractors (collectively, “) from any and all actions, claims, or demands that Client, its assigns, heirs, guardians, next of kin, spouse and legal representatives now have, or may have in the future, for injury, death, disability or property damage related to (i) Client's participation in these activities, (ii) the negligence or other acts, whether directly connected to these activities or not, and however caused, by any Releasee, or (iii) the condition of the premises where these activities occur, whether or not Client is then participating in the activities. Client also agrees that it, its assignees, heirs, distributes, guardians, next of kin, spouse and legal representatives will not make a claim against, sue, or attach the property of any Releasee in connection with any of the matters covered by the foregoing release. Cosmic Fitness Group LLC may revise its terms and conditions by updating this posting. By using this Website or purchasing a challenge or program, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms and Conditions to which you are bound.  I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT, HAVE BEEN GIVEN THE OPPORTUNITY TO REVIEW ITS TERMS WITH MY LEGAL COUNSEL, AND AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY FOR CLAIMS, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF THE ACTIVITIES. WAIVER AND RELEASE OF LIABILITY - In consideration of being allowed to participate in the personal fitness training activities and programs of “The Fitness Coven” (including COSMIC FITNESS GROUP LLC, and each of their parents, subsidiaries, successors or assigns, referred to as the “Company”) and to use its programs and services, in addition to the payment of any fee or charge, I do hereby forever waive, release and discharge the Company and each of their officers, agents, members, managers, employees, representatives and all others acting on their behalf, from any and all claims or liabilities for injuries or damages to my person and/or property, including those caused by the negligent act or omission of any of those mentioned or others acting on their behalf, arising out of or connected with my participation in any activities, programs or services of the Company or the use of any equipment provided by and/or recommended by the Company. I have been informed of, understand and am aware that strength, flexibility and aerobic exercise, including the use of equipment, is a potentially hazardous activity. I also have been informed of, understand and am aware that fitness activities involve a risk of injury, including a risk of death or serious disability, and that I am voluntarily participating in these activities and using equipment and machinery with full knowledge, understanding and appreciation of the dangers involved. I hereby agree to expressly assume and accept any and all risks of injury or damages, known or unknown, which I might incur as a result of my participation and/or use of equipment. I declare myself to be physically sound and suffering from no condition, impairment, disease, infirmity or other illness that would prevent my participation in these activities or use of equipment or machinery. I acknowledge that I have been informed of the need for a physician’s approval for my participation in the exercise activities, programs and use of exercise equipment. I acknowledge that it has been recommended that I have a yearly or more frequent physical examination and consultation with my physician as to physical activity, exercise and use of exercise equipment. I acknowledge that either I have a had a physical examination and have been given my physician’s permission to participate or I have voluntarily decided to participate in the exercise activities, programs and use of equipment without the approval of my physician and do hereby assume all responsibility for my participation in said activities, programs and use of equipment. I understand that the Company’s provision and/or maintenance of an exercise/fitness program for me does not constitute acknowledgement, representation or indication of my physiological well-being or a medical opinion relating thereto. I agree to comply with all rules imposed by the Company regarding the use of the intellectual property, programs, and products. I understand that my inability or unwillingness to comply with any of those rules or procedures can result in legal consequences.   I further expressly agree that the foregoing Waiver and Release Of Liability is intended to be as broad and inclusive as permitted by the law of the jurisdiction of my participation and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. I have read the above release and waiver of liability and fully understand its contents. I voluntarily agree to the terms and conditions stated above.  Disclaimers & Acknowledgement of Intellectual Property - PLEASE READ THESE DISCLAIMERS & ACKNOWLEDGEMENT OF INTELLECTUAL PROPERTY CAREFULLY. By accessing or using this Website, services, and any associated content, you agree to be contractually bound by these Disclaimers & Acknowledgement of Intellectual Property. OVERVIEW- The terms “we,” “us,” and “our” refer to Cosmic Fitness Group LLC as the “Company.” The term the “Site”, refers to thefitnesscoven.com, content and services including but not limited to www.thefitnesscoven.com, social media, challenges, programs, products, services, and all associated content. The terms “user,” “you,” and “your” refer to visitors, customers, and any other users of the Site, courses, services, and all associated content. The term “Service” is defined as information and inspiration given via any and all forms of communication, media and Materials (the “Materials”) found on the Site, courses, services, and all associated content. The Site may also sell digital and physical products to help further entertain, educate, inspire, and/or provide resources. Use of the Site, including all associated content, services, ideas, and materials shared or presented in any way is subject to the following Disclaimers and Acknowledgement of Intellectual Property and applies to all Site, courses, services, and all associated content, visitors, customers, and all other users of the Site, courses, services, and all associated content and materials. Please also refer to and carefully read our Terms of Use and Privacy Policy. 1. Terms, Acceptance and Agreement to be Bound - By accessing this Site, courses, services, and all associated content you are agreeing to be bound by these Disclaimers and Acknowledgement of Intellectual Property, which you may not modify. You acknowledge reading them. You agree to comply with all applicable laws and regulations and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms in this agreement, you are prohibited from using or accessing this Site, courses, services, and all associated content, material, and links. 2. Intellectual Property - The SITE’S SERVICES AND MATERIALS ARE PROTECTED BY U.S. AND INTERNATIONAL COPYRIGHT AND TRADEMARK LAWS. THE COMPANY RETAINS ALL OWNERSHIP AND ALL OTHER RIGHTS IN THEN MATERIALS INCLUDING ALL COMPANY LOGOS AND TRADEMARKS USED IN CONNECTION WITH THE SERVICE. YOU AGREE THAT YOU WILL NOT COPY, SHARE, REPRODUCE, MODIFY, CREATE DERIVATIVES, USE, REPUBLISH, REDISTRIBUTE, UPLOAD, POST, PERFORM, TRANSMIT, CIRCULATE OR DISTRIBUTE ANY OF THE CONTENT, INCLUDING ANY TRADEMARKS, NAMES, LOGOS, PHOTOS, PAGES, TEXT, IMAGES, PROCESSES, PROCEDURES, TECHNIQUES, OR THE CONTENT USING “FRAMING” TECHNOLOGY, NOR SYSTEMATICALLY RETRIEVE DATA, INFORMATION, OR THE CONTENT TO CREATE A COLLECTION, COMPILATION, DATABASE, OR DIRECTORY. AND THAT ALL RIGHTS NOT EXPRESSLY GRANTED ARE RESERVED TO THE COMPANY AND YOU EXPLICITLY UNDERSTAND THAT ANY VIOLATIONS OF THIS AGREEMENT WOULD BE INJURIOUS TO THE COMPANY. YOU ALSO EXPLICITLY UNDERSTAND THAT HAVING REVIEWED, SEEN, AND/OR STUDIED THIS CONTENT OR MATERIALS PROVIDED DOES NOT ESTABLISH THE EXPERTISE TO TEACH OR TREAT OTHERS. WRITTEN PERMISSION IS REQUIRED TO RECORD THE MATERIALS IN ANY MANNER INCLUDING BUT NOT LIMITED TO SCREEN SHOTS, AUDIO OR VIDEO RECORDINGS OF ANY KIND, PHOTOGRAPH, DOWNLOADING, OR COPYING OF ANY TREATMENTS, TOOLS, HANDOUTS OR OTHER INFORMATION IN ANY MANNER. For all recording, reproduction, training, and licensing permissions contact the Company at thefitnesscovenllc@gmail.com 3. Disclaimers - THE MATERIALS THE SITE ARE PROVIDED “AS IS.” THE COMPANY MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HERBY DISCLAIMS AND NEGATES ANY AND ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER VIOLATION OF RIGHTS. FURTHER, THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION CONCERNING THE COMPLETENESS, ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE MATERIALS ON ITS SITE, CHALLENGES, PROGRAMS,PRODUCTS, SERVICES, AND ALL ASSOCIATED CONTENT OR ANY LINKS CONNECT TO THIS SITE, COURSES, SERVICES, AND ALL ASSOCIATED CONTENT. YOU UNDERSTAND AND AGREE THAT ANY CONTENT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SITE IS ACQUIRED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEROF AND ANY DAMAGES TO YOUR DEVICES OR SYSTEMS, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. IN NO EVENT WILL THE COMPANY OR THEIR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DAMAGE OF ANY KIND BE THEY DIRECT OR INDIRECT. THE INFORMATION FROM THE COMPANY (INCLUDING BUT NOT LIMITED TO FORMS, CREATIVE MATERIALS, CHALLENGES, PDFS, SOCIAL PLATFORMS, ETC) IS FOR EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE A MEDICAL DIAGNOSIS OR AS A SUBSTITUTE FOR MEDICAL ADVICE. THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES THAT THE INFORMATION OR EXERCISES ARE APPROPRIATE FOR YOU OR WILL RESULT IN IMPROVEMENT OF YOUR MEDICAL CONDITION OR FUNCTION. THE ENTIRE CONTENTS OF THE MATERIALS, INCLUDING COURSES, ARE BASED UPON THE OPINIONS AND EXPERIENCE OF THE COMPANY, CONTRACTORS, AND AFFILIATES. THE INFORMATION DOES NOT REPLACE A ONE-ON-ONE CONSULATION AND RELATIONSHIP WITH QUALIFIED HEALTH CARE PROFESSIONALS AND IS NOT INTENDED AS MEDICAL ADVICE. IT IS INTENDED AS A SHARING OF INORMATION, KNOWLEDGE AND EXPERIENCE. THE COMPANY EXPECTS AND ENCOURAGES YOU TO MAKE YOUR OWN HEALTH CARE DECISCIONS BASED UPON YOUR OWN RESEARCH AND IN PARTNERSHIP WITH THE APPROPRIATE QUALIFIED HEALTH CARE PROFESSIONALS. IT IS YOUR RESPONSIBILITY TO CONSULT WITH YOUR OWN HEALTH CARE PROFESSIONALS BEFORE TRYING ANYTHING NEW. 4. Limitations - IN NO EVENT SHALL THE COMPANY AND/OR ITS GUESTS OR SPONSORS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, CONSEQUENTIAL, PUNITIVE, OR DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION) ARISING  OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, INFORMATION, OR ADVIC ON THE SITE, EVEN IF THE COMPANY AND/OR AN AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. These limitations may not apply to you because some jurisdictions do not allow limitations on implied warranties or limitation of liability for consequential or incidental damages. 5. Links and Affiliate Disclaimers - The Materials on the Site, courses, services, and all associated content may contain references or links to materials from third parties.  Reference to any third-party products, services, processes, or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation with us.  By clicking on any links, you agree that the Company is not responsible for their content, regardless of whether your access is provided by the Company or by another third-party. The Company does not warrant the accuracy, timeliness, or suitability of the content of any third-party links. The Company is not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites.  The Company is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party. Your sole and exclusive remedy for any claims or concerns arising from any links, references, or third-party companies, associations, products, or services is against the third-party provider, and not the Company. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. Pursuant to the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising, some of the links are affiliated links. This means that the Company may receive payment if you purchase products or services through such links. 6. Site Disclaimer & Acknowledgement of Intellectual Property Modifications - The Company reserves the right to modify or revise these Disclaimers & Acknowledgement of Intellectual Property for its Site, courses, services, and all associated content at any time without prior notice. Amended Disclaimers & Acknowledgement of Intellectual Property is always accessible through the Site, and you should periodically check for and review material modifications and their effective dates. BY USING THIS SITE AND ANY OF ITS CONTENT OR MATERIALS, YOU AGREE TO BE BOUND BY THE CURRENT VERSION OF THESE DISCLAIMERS & ACKNOWLEDGEMENT OF INTELLECTUAL PROPERTY. 7. This Site, courses, services, and all associated content, does not provide medical advice or Constitute a Provider-Patient Relationship - THIS SITE AND THE ENTIRETY OF ITS CONTENTS AND ASSOCIATED CONTENT ARE PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND MAKE NO GUARANTEE AND NO WARRANTY OF ACHIEVING ANY SPECIFIC RESULTS. BY USING THIS SITE, COURSES, SERVICES, AND ALL ASSOCIATED CONTENTS YOU EXPLICITLY ACKNOWLEDGE THAT YOU UNDERSTAND YOUR USE OF THIS SITE OR ANY OF ITS CONTENTS OR ASSOCIATED CONTENT DOES NOT CREATE A PROVIDER-PATIENT RELATIONSHIP IN ANY WAY. THIS SITE, COURSES, SERVICES, AND ALL ASSOCIATED CONTENT DO NOT CONSTITUTE THERAPY IN ANY FORM. IT IS YOUR FULL AND COMPLETE RESPONSIBILITY TO MAKE YOUR OWN HEALTH CARE DECISIONS WITH YOUR MEDICAL PROVIDER AND NOT TO SHARE, TRANSMIT, DISCLOSE OR PROVIDE ANY PROTECTED HEALTH INFORMATION.  YOU AGREE TO INDEMNIFY THE COMPANY AGAINST ANY DAMAGES, LOSSES, LIABILITIES, LOSS OF PRIVACY, JUDGEMENTS, COSTS OR EXPENSES (INCLUDING ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH USE, PROVISION, TRANSMISSION, STORAGE, OR DISCLOSURE OF ANY PERSONAL INFORMATION INCLUDING PERSONAL HEALTH INFORMATION. 8. Governing Law - These Disclaimers & Acknowledgement of Intellectual Property for the Site, courses, services, and all associated content, and the Company shall be governed and construed in accordance with applicable federal law and the substantive laws of Ohio without giving effect to the principles of conflict of laws.  Any cause of action by you with respect to our Site, courses, services, and all associated content, or Materials must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of these Disclaimers& Acknowledgement of Intellectual Property be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any of the Materials are in conflict or inconsistent with these Disclaimers and Acknowledgement of Intellectual Property, these Terms shall take precedence. Our failure to enforce any provision of these Disclaimers & Acknowledgement of Intellectual Property shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under these Disclaimers & Acknowledgement of Intellectual Property shall survive any termination of these Disclaimers & Acknowledgement of Intellectual Property.