By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, 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, you are prohibited from using or accessing this site. The materials contained in this website, including but not limited to web pages, blog posts, images, digital products, physical products and/ or materials, etcetera, are protected by applicable copyright and trade mark law.
Permission is granted for use of the content of this website under the Creative Commons License. We would greatly appreciate attribution for anything that you use, share or recreate on your own website.
The materials on Copper State FIT’s web site are provided “as is”. Copper State FIT makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Copper State FIT does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site. All examples we provide or real examples but should not under any circumstances be understood as a promise or expectation that such examples will generate similar results for yourself.
In no event shall Copper State FIT or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Copper State FIT’s Internet site, even if Copper State FIT or a Copper State FIT authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
REVISIONS AND ERRATA
The materials appearing on Copper State FIT’s web site could include technical, typographical, or photographic errors. Copper State FIT does not warrant that any of the materials on its web site are accurate, complete, or current. Copper State FIT may make changes to the materials contained on its web site at any time without notice. Copper State FIT does not, however, make any commitment to update the materials.
Copper State FIT has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Copper State FIT of the site. Use of any such linked web site is at the user’s own risk. Copper State FIT may, from time to time, provide affiliate links to products and/ or services by third parties. Any such referral may result in Copper State FIT getting paid from the linked site. We may use these affiliate relationships to fund our work. Any such link placed with an endorsement is made because we actually like and use the product and think you should too, not because we get paid to tell you.
SITE TERMS OF — USE MODIFICATIONS
REFUNDS AND EXCHANGES
Copper State FIT will make no refunds or exchanges for products or services purchased on our website. Unless, otherwise explicitly advertised as such, all sales are final.
NUTRITION COACHING MEMBERSHIP TERMS AND CONDITIONS
COPPER STATE FIT LLC Nutrition Coaching Membership Agreement Terms and Conditions
PROMISE TO PAY:
I promise to pay to the Order of COPPER STATE FIT LLC, or its assigns, the total Membership Agreement value, payable in the amount of consecutive payments listed in subscription/ membership details, due as scheduled and as scheduled thereafter until minimal commitment required has been achieved. After the membership term has reached minimum commitment requirement, membership will automatically renew as a month-to-month membership.
NOTICE TO BUYER (s):
By executing this Membership Agreement, Customer acknowledges and agrees it is entering into a binding Membership Agreement with COPPER STATE FIT LLC. Customer further acknowledges and agrees that Customer/Participant’s failure to utilize services offered under this Membership Agreement does not relieve Customer of its obligations to comply with all provisions of this Membership Agreement, including, but not limited to, Customer’s obligation to pay the full Payment Amount and the installment payments listed in subscription details. Customer understands that, except as herein provided in the cancellation provisions, this Membership Agreement cannot be cancelled and is non-transferable and any/all payments are non-refundable except as otherwise prohibited by law.
Customer may cancel this Membership Agreement any time prior to midnight of the 3rd calendar day after the date of this Membership Agreement with no termination fee. To do so, email a cancellation request to firstname.lastname@example.org. Cancellations may take 5-7 business days to be refunded to your account depending upon your banking institution.
Customer may cancel this Membership Agreement after midnight of the 3rd calendar day subsequent to this Membership Agreement. To do so, email a cancellation request to email@example.com.
When cancelling the Membership Agreement after the 3-day grace period and before the minimum commitment requirement, Customer will be responsible for a termination fee. Termination fee will be equal to $75 for each payment remaining of the unpaid balance toward the minimum commitment at the time of the cancellation request.
*Month-to-month Membership Cancellation: cancellation of a month-to-month membership requires a thirty-day notice. After thirty-day notice of cancellation has been provided, a pro-rated charge will be assessed, on the normal billing date, for membership days in which the membership will remain active beyond the normal billing date based on 30 days from the date in which notice to cancel was given.
ASSUMPTION OF RISKS; WAIVER/RELEASE OF PERSONAL INJURY CLAIM; RELEASE AND WAIVER OF LIABILITY AND INDEMNITY:
Customer acknowledges that the Membership Agreement purchased hereunder may include participation in strenuous physical activities, including, but not limited to, aerobic dance, weight training, stationary bicycling, various aerobic conditioning machinery and various nutritional programs offered by COPPER STATE FIT LLC. Customer acknowledges that these physical activities as well as any other physical activities (“Physical Activities”) involve the inherent risk of physical injuries or other damages, including, but not limited to, heart attacks, muscle strains, pulls or tears, broken bones, shin splints, heat prostration, knee/lower back/foot injuries and any other illness, soreness, or injury however caused, occurring during or after the Customer’s participation in the Physical Activities. Customer further acknowledges that such risks include, but are not limited to, injuries caused by Customer’s failure to follow instructions, improper use of equipment, over-exertion by Customer, slip and fall by Customer, or unknown health problems of Customer. Customer hereby agrees to assume all risk and responsibility involved with participation in the Physical Activities. Customer affirms that Customer is in good physical condition and does not suffer from any disability that would prevent or limit participation in the Physical Activities. Customer acknowledges participation will be physically and mentally challenging, and Customer agrees that it is the responsibility of Customer to seek competent medical or other professional advice, regarding any concerns or questions involved with the ability of Customer to take part in COPPER STATE FIT LLC activities. By agreeing to these terms and conditions, Customer asserts that he or she is capable of participating in the Physical Activities. Customer agrees to assume all risk and responsibility related to his or her physical limits. Customer, on behalf of Customer, his or her heirs, assigns and next of kin, agrees to fully release COPPER STATE FIT LLC (as well as any of its owners, employees, or other authorized agents, including independent contractors) from any and all liability, claims and/or any litigation actions that Customer may have for injuries, disability or death or other damages of any kind arising out of participation in COPPER STATE FIT LLC activities, including, but not limited to the Membership Agreement programs and the Physical Activities. If Customer and Participant are not one and the same person, Customer hereby makes the representations and warranties set forth herein for Participant and agrees to indemnify COPPER STATE FIT LLC from any claims made by Participant against COPPER STATE FIT LLC arising under this Membership Agreement or Participant’s use of the service provided under this Membership Agreement .
CUSTOMER ACKNOWLEDGES THAT HE OR SHE HAS CAREFULLY READ THIS RELEASE AND WAIVER OF LIABILITY AND INDEMNITY PROVISION AND FULLY UNDERSTANDS THAT IT IS A RELEASE OF ALL LIABILITY DESCRIBED HEREIN. IN ADDITION, CUSTOMER DOES HEREBY WAIVE ANY RIGHT THAT CUSTOMER MAY HAVE, BY OR ON BEHALF OF HIM OR HERSELF, HIS OR HER SPO– USE OR ANY CHILD (MINOR OR OTHERWISE) TO BRING A LEGAL ACTION OR ASSERT A CLAIM FOR INJURY OR LOSS OF ANY KIND AGAINST COPPER STATE FIT LLC IN CONNECTION WITH SERVICES PROVIDED UNDER THIS MEMBERSHIP AGREEMENT. CUSTOMER FURTHER EXPRESSLY AGREES THAT THIS ASSUMPTION OF RISK AND RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AS PROVIDED HEREIN IS INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTTED BY THE LAWS OF THE STATEOF ARIZONA AND IF ANY PORTION HEREOF IS HELD INVALID, IT IS AGREED THAT THE BALANCE OF THE MEMBERSHIP AGREEMENT SHALL CONTINUE IN FULL FORCE AND EFFECT.
Customer (individually and as agent or guardian of Customer) hereby authorizes COPPER STATE FIT LLC, to make periodic charges to or withdrawals from the account used to pay the initial payment as described in subscription details or for payment of any sums due to COPPER STATE FIT LLC under this Membership Agreement. COPPER STATE FIT LLC, will debit monthly fees in accordance with the payment schedule as stated in subscription details. In the event sufficient funds are not available in Customer’s account or debits are otherwise not accepted, COPPER STATE FIT LLC will resubmit the charge within 2 hours. In the event debits are not accepted after the second attempt, a third attempt will be made 8 hours after the second attempt. In the event debits are not accepted after the third attempt, a fourth attempt will be made 24 hours after the third attempt. In the event debits are not accepted after the fourth attempt, a fifth and final attempt will be made 48 hours after the fourth attempt. If COPPER STATE FIT LLC is unable to receive payments after the fifth and final attempt; COPPER STATE FIT LLC reserves the right to terminate the membership. Termination of the membership, due to failed payment attempts, will be subject to the standard termination fee per the cancellation provisions here within. Customer understands that Customer is entitled to notice of all varying charges and withdrawals under the E.F.T. but Customer waives the right to receive prior notice for charges or withdrawals made with respect to any uncollected monthly fees payments or portions of the balance due described in subscription details, and/or cancellation provisions, which Customer agrees are not varying charges or withdrawals. Customer understands that Customer is in full control of Customer’s payment and that this E.F.T. Authorization will remain in effect until all amounts owed under this are paid in full. Customer may timely notify the financial institution in control of Customer’s account to terminate this Request, but such notification will not otherwise affect this and Customer’s obligations herein.
Customer, on his or her own behalf, or as agent or guardian for a Participant identified above who will use the services purchased under this Membership Agreement, by agreeing with Terms and Conditions of this Membership Agreement agrees to release COPPER STATE FIT LLC from liability due to participation. Customer acknowledges that Customer has read, understood and agreed with all terms and conditions of this Membership Agreement. This Membership Agreement constitutes the entire Membership Agreement of the parties and no other Membership Agreement or understanding exists between Customer and COPPER STATE FIT LLC. COPPER STATE FIT LLC has made no express or implied warranties or representations other than those expressly set forth in this Membership Agreement to induce Customer to enter into this Membership Agreement. Any conflict between the original Membership Agreement and any copy of the original Membership Agreement shall be controlled by the original Membership Agreement.
COACH/ TECHNICIAN ASSIGNMENT:
COPPER STATE FIT LLC reserves the right to make changes in the appointed Coach and/or Technician as deemed necessary.
This Membership Agreement is made under and governed by the laws of the State of Arizona. If any term or provision of this Membership Agreement shall in any event be deemed invalid or unenforceable, the remainder of this Membership Agreement shall not be affected thereby, and each term and provision of this Membership Agreement shall be valid and enforceable to the fullest extent permitted by law.