terms and conditions

Terms of Website Use

Welcome to the web site of BreakFIT Wellness, LLC (“BreakFIT Wellness”). BreakFIT Wellness is pleased to make the web sites located at www. breakfitwwellness.com (the “Sites”) available for your use and benefit. By using the Sites you agree to be bound by the Terms and Condition set forth below. Use of the Sites is strictly voluntary. If you do not agree to these Terms and Condition and the Privacy Policy, you must immediately log off the Sites and may not use the Sites.

These Terms and Conditions apply to your access to and use of the Sites and do not alter in any way the terms and conditions of any other agreement you may have with BreakFIT Wellness, unless otherwise directed by BreakFIT Wellness. If you breach any of these terms and conditions, your authorization to use the Sites automatically terminates and you must immediately discontinue use of the Sites.

Term of Use: Virtual Classes and Online Personal Training

 

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Site remains the property of www.breakfitwellness.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by www.breakfitwellness.com and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

By signing up, paying for my membership , and participating in BreakFIT Wellness LLC classes, trainings, and other offerings; I declare that I have read and understood the “Terms of Conditions” and “Client Agreement” listed below, and do hereby waive, release, and discharge BreakFIT Wellness, LLC, in perpetuity, 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 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.

Monthly Membership

Your monthly plan with BreakFIT Wellness products will start when BreakFIT Wellness confirms your payment and will continue for calendar month; prorated after 15th. When you purchase a monthly membership, auto-renew is automatically selected in your BreakFIT Wellness Account. On 3rd of each month, you will automatically billed for an additional 30 day term at then-current pricing. If you do not wish your subscription to auto-renew you must provide notice no less than 15-days prior to your auto-renew date.

Client Agreement

In consideration of my being able to participate in the Online Personal Training or Virtual Classes, I understand that I must purchase a valid package or consultation with BreakFIT Wellness. I understand and acknowledge the risks of participation, waiver of liability, and virtual personal training policies and procedures.

I understand that the program is voluntary and that my assigned Personal Trainer will develop and guide me through my nutrition coaching and/or exercise program(s). 

I understand that the 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 disclosure 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 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 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 Assigned Trainer is not a nutritionist or registered dietician (RD), and 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 understand that participation including but not limited to exercising, use of exercise equipment and strenuous exertion (strength training) all of which increase heart rate and body temperature. These 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 participation 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. 

 

I hereby grant BreakFIT Wellness, LLC the right and permission, in respect of the photographs and videos that have been or will be taken of the participants or in which the participant may be included with others, to copyright the same, in the name of BreakFIT Wellness, LLC or otherwise; to use, re-use, publish, and republish the same in whole or in part, individually or in conjunction with other photographs and videos, and in conjunction with any printed matter, in any and all media now or hereafter known, and for any purpose whatsoever. I hereby release and discharge BreakFIT Wellness, LLC from any and all claims and demands arising out of or in connection with the use of the photographs and videos, including without limitation any and all claims for libel or invasion of privacy

General Terms and Conditions: All Services 

 

Services are non-cancelable and non-returnable. You may change your auto-renewal preferences in your BreakFIT Wellness Account, but no refunds will be paid on any remaining services. If you allow your membership to lapse, you will lose access to BreakFIT Wellness catalog of classes and services until corrected. An internet connection is required to use and manage subscriptions.

Membership plan pricing is subject to change. New pricing takes effect upon renewal of your membership plan.

RETURN POLICY

As all of our products are digital they are deemed "used" after download, opening, or scheduling. This unfortunately means we have a strict no refund policy in regards to dissatisfaction with the product. Please contact us at sayhello@breakfitwellness.com to see how we can remedy any problems you may have with this.

PAYMENTS 

All transactions conducted through BreakFIT Wellness, LLC are handled by a dedicated third party to ensure your information is both safe and secure. Payment information is not stored. 

WAIVER AND RELEASE 

 

I hereby enter into the following agreement with BreakFIT Wellness LLC, as well as its members, officers, employees, agents, and representatives (individually and collectively, “BreakFIT Wellness”), as a condition of receiving and using The BreakFIT Wellness online fitness and performance programming services. 

I acknowledge and fully understand that BreakFIT Wellness will endeavor to provide the most effective principles to help achieve my fitness, performance, and personal goals, but that BreakFIT Wellness cannot guarantee that any services, products, programs, methods, workouts, recommendations, or routines will be safe, effective or suitable for everyone. All such products and services, programs, techniques, recommendations, and materials embodied in such products and services are offered without warranties or guarantees of any kind, express or implied, including, but not limited to, warranties of safety or fitness for any particular purpose. Further, I hereby waive, release, and discharge The BreakFIT Wellness and all of their members, officers, employees, agents, and representatives from any and all liability from death, injuries or damages arising from, or in any way connected with, use of its services, products, programs, methods, workouts, recommendations, or routines, including any death, injuries or damages resulting from the negligent recommendations, acts, or omissions of BreakFIT Wellness, no matter where those injuries occur.

I acknowledge and fully understand that any fitness or exercise activities, and the use of training and fitness equipment and machinery, involve risks of serious injury, permanent disability, or death, even if done correctly and with the utmost attention to safety. These risks include, but are not limited to, fainting; broken bones; strained or torn muscles; torn or strained ligaments, tendons, and other connective tissues; herniated discs and other spinal injuries; cardiovascular or cerebrovascular events, including heart attack or stroke; conditions related to overexertion, including heat stroke/exhaustion or rhabdomyolysis; or damage to the nervous system, including irreversible damage to the brain or spinal cord. I further acknowledge and fully understand that participation in any fitness or exercise activities could aggravate a pre-existing condition, whether known or unknown, and that there may be other risks associated with my participation in fitness or exercise activities that are not known or not reasonably foreseeable at this time. I further acknowledge and fully understand that all of the foregoing risks are especially pronounced in an online programming setting, such as that embodied by the fitness and performance programming services provided by BreakFIT Wellness because I will necessarily be engaging in fitness or exercise activities on my own, without real-time supervision by BreakFIT Wellness, in a facility or location over which BreakFIT Wellness has no control. I hereby acknowledge and accept the foregoing risks and dangers. Further, I hereby waive, release, and discharge BreakFIT Wellness from any and all liability from death, injuries or damages arising from, or in any way connected with, BreakFIT Wellness’s fitness and performance programming services; BreakFIT Wellness’s instruction, programming, advice or recommendations; the use of any exercises, routines, equipment or machinery, whether or not they were recommended by BreakFIT Wellness; or my engagement in any fitness or exercise activities, including any death, injuries or damages resulting from the negligent recommendations, acts, or omissions of BreakFIT Wellness, no matter where those injuries occur.

I acknowledge and understand that BreakFIT Wellness and all of their members, officers, employees, agents, and representatives are not licensed dietitians or physicians, and some are not certified in personal training or coaching and do not hold themselves out to possess professional expertise in dietetics, fitness or medical matters. I acknowledge and agree that any information, guidelines, or advice provided by BreakFIT Wellness are not intended to constitute and shall not be construed as dietetic, fitness or medical advice, as treatment for any general or particular medical or physiological condition or pathology, or as a means of improving or bettering health outcomes, and that they carry no express or implied warranty of any kind, including, but not limited to, warranties regarding safety or suitability for a particular purpose.

ADDITIONAL INFORMATION 

 

BreakFIT Wellness, LLC reserves the right to amend any information, including but not limited to prices, technical specifications, terms of service and product offerings without prior notice. 

For questions or comments related to BreakFIT Wellness LLC or these Terms and Conditions, please email us at sayhello@breakfitwellness.com