FullSpectrum Fitness Empowerment - Terms and Conditions

TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS OF SERVICES "TERMS AND CONDITIONS" CAREFULLY. BY PURCHASING OR USING OUR WEBSITE, APPS, PRODUCTS OR SERVICES, WHETHER AS A EMPLOYEE OR CONTRACTOR OR ORGANIZATION OR OTHERWISE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT USE OUR PRODUCT(S) OR SERVICE(S)

These Terms and Conditions of Service ("Terms") apply to your use of products and services as well as your access and use of the Trainerize internet software application located at www.fullspecfit.trainerize.com and the (Fitness App) Trainerize mobile software application or (collectively, the “Site”), each owned and operated by TSR Gym Technik Ltd. and its affiliates (collectively, “Trainerize”), offered and/or facilitated, by FullSpectrum Fitness, LLC (“FullSpectrum Fitness,” "FSF," "we," "us," or “our”) and to any services we provide in connection therewith including the connecting of Allied Fitness Professional, other Service and Product providers with Individuals and/or organizations (the "Client"). These Terms do not alter in any way the terms or conditions of any other agreement you may have with FSF for products, services or otherwise.

We reserve the right to change or modify any of the terms and conditions contained in the Terms or any policy or guideline of Products and Services, at any time and in our sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on our Website, App(s) or Product and Service documents, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of these Products and Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications.

I. THIRD PARTY APPS AND WEBSITES

The Site may permit you to link to other websites or resources on the internet, and other websites or resources may contain links to the Site. These other websites are not under FullSpectrum Fitness, LLC control, and you acknowledge that FullSpectrum Fitness is not responsible or liable for any third-party content, including but not limited to the accuracy, integrity, quality, usefulness, legality, appropriateness, safety or intellectual property rights of or relating to such third-party content or any other aspect of such apps, websites or resources. The inclusion of any such link does not imply endorsement by FullSpectrum Fitness or any association with its operators. You further acknowledge and agree that FullSpectrum Fitness will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third-party content, goods or services available on or through any such website or resource. Access and use of third-party sites, including the information, material, products and services on third party sites or available through third party sites, is solely at your own risk.

Without limiting the foregoing, the Service utilizes Trainerize services, and by using the Service you are also agreeing to be bound by the Trainerize Terms of Service (found at www.trainerize.com/legal.aspx#end-user-tos), as may be amended from time to time.

II. PRIVACY AND PERSONAL INFORMATION

Trainerize will only use your personal information in accordance with their privacy policy (available www.trainerize.com/privacy).

FullSpectrum Fitness will not sell or share your information with any 3rd parties without your prior consent.

III. ACCESS TO THE SERVICE VIA THE FITNESS APP

i. If you access the Service via our mobile application (rather than our website), the following terms and conditions shall apply to you.

ii. For the purpose of this Clause, "Appstore Provider" means the provider of the app store through which you have downloaded the (FullSpectrum Fitness) Fitness app (for example, Apple is the Appstore Provider if you have downloaded the app from the Apple App Store, Google is the Appstore Provider if you have downloaded the app from Google Play, etc).

iii. You acknowledge and agree that this Agreement has been concluded between you Trainerize and FullSpectrum Fitness, and not with the Appstore Provider.

iv. You acknowledge and agree that the Appstore Provider is not responsible for the app and its content.

v. You acknowledge and agree that the Appstore Provider has no obligation to provide any maintenance or support in respect of the app.

vi. In the event that the app does not conform with any product warranty provided for by this Agreement, the Appstore Provider may provide you with a refund of the price that you paid to purchase the app (if any). The Appstore Provider shall, to the maximum extent permitted by law, have no obligation to you whatsoever with respect to the app.

vii. You acknowledge and agree that the Appstore Provider shall not be responsible for addressing any claims that you might have relating to the app, including (without limitation): product liability claims; any claim that the app fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection or similar legislation.

viii. In the event that a third-party claims that the app infringes its intellectual property rights (other than any third-party claims of infringement relating to Content), Trainerize (and not the Appstore Provider) shall be solely responsible for the investigation, defense, settlement and discharge of such claim.

ix. You confirm that:

you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a ‘terrorist supporting’ country; and

you are not listed on any U.S. Government list of prohibited or restricted parties.

x. If the Appstore Provider is Apple, you acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries to this Agreement. Upon your acceptance of this Agreement, Apple will have the right to enforce the Agreement against you as a third-party beneficiary

1. PAYMENTS

NO PRODUCT(S) OR SERVICE(S) SHALL BE PROVIDED PRIOR TO FULL PAYMENT FOR APPLICABLE PRODUCT(S) OR SERVICE(S).

For payment via check:

Make checks payable to FullSpectrum Fitness, LLC

For payment via:

ACH Transfer - Contact for details

Zelle - Provided on invoices

Venmo - Provided on invoices

PayPal - Provided on invoices

Credit Card- Contact for details

(Electronic payments preferred)

2. REFUNDS, TRANSFERS AND EXPIRATION PERIODS

Sessions are non-refundable and can only be transferred, pending approval by FullSpectrum Fitness, LLC authorized representative, to a vetted individual. All sessions must be scheduled and used within the expiration period; any unused session will be forfeited and considered used by the client.

Expiration periods from date of purchase for Video Review(virtual), Remote(online) and In-Person(NYC ONLY) Assessments Sessions, support and app access(if applicable) are as follows:

Assessment Sessions- Expires after 7 days

Expiration periods from date of purchase for Personalized Program Design meetings, support and app access(if applicable) are as follows:

3 Month (12 weeks)- 15-minute check-in 3 meetings(remote)- Expires after 84 days

6 Month (24 weeks)- 15-minute check-in 6 meetings(remote)- Expires after 168 days

12 Month (48 week)- 15-minute check-in 12 meetings(remote)- Expires after 336 days

Expiration periods from date of purchase for 15 min Virtual(remote) Check-in Meetings, support and app access(if applicable) are as follows:

Single Meeting- Expires after 7 days

4 Meeting- Expires after 30 days

8 Meeting- Expires after 60 days

16 Meeting- Expires after 90 days

Expiration periods from date of purchase for In-Person Personal Training(NYC ONLY) and Remote Personal Training (online) Sessions, support and app access(if applicable) are as follows:

Single Session- Expires after 7 days

4 Sessions- Expires after 30 days

8 Session- Expires after 60 days

16 Session- Expires after 90 days

Expiration periods from date of purchase for 60 min Small Group Fitness Classes, support and app access(if applicable) are as follows:

Single Class Pass- expires after the last day of associated Small Group Fitness Class program

4 Weeks Phase Pass- expires after the last day of associated Small Group Fitness Class program

8 Week Program Pass- expires after the last day of associated Small Group Fitness Class program

3. RESCHEDULING, CANCELLATION, TARDY AND NO-SHOW PROCEDURES AND PENALTIES

All infractions will be recorded and noted on relevant client documents.

A client can cancel or reschedule an appointment 12 hours prior to the start of a session, penalty-free. A client who fails to appear for a confirmed appointment or cancels after the 12 hour window will be considered a no-show.

A client is allotted two no-shows prior to penalization. Once the client exceeds two no-shows, they will be penalized 100% of their session cost for any further missed appointments; resulting in the loss of the session (session will be considered used by the client.)

A client is allotted two tardies prior to penalization. Once the client exceeds two tardies, they will be penalized with a no-show. A client is granted a 15-minute grace period at the beginning of each session. This means a client has a 15-minute "tardy" window to appear for a session before being penalized; a tardy will be incurred based on the above terms.

.e.g. A session is scheduled to begin at 6am and the client arrives at 6:16am or later. This would be considered a “Tardy” and be subject to the appropriate action(s) as expressed in the above "TERMS AND CONDITIONS".

4. DISCOUNTS, PRODUCTS AND SERVICES AVAILABILITY AND LIMITATIONS

60 min Small Group Classes have a 5 person minimum and 10 person maximum.

ALL IN-PERSON SESSIONS AND CLASSES ARE AVAILABLE IN NYC ONLY.

Discount offers are subject to availability, for a limited time, to new clients only (1 per person), while supplies last; unless otherwise stated. Products and services will be provided on a first come first served basis. You must be 18 years old or older to qualify for discount offers(unless otherwise stated). You must contact us for permissions and/or further instructions to sign up a minor(17 years old or younger) or someone other than oneself; each situation will be decided on a case by case basis.

All questions or comments about our Terms and Conditions should be directed here: info@fullspecfit.com