Terms and Conditions

By accessing this website hosted in Zenler.com, you are agreeing to be bound by these web site Terms and Conditions, 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 web site are protected by applicable copyright and trade mark law.

Terms

Permission is granted to use the materials on Companies web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

a) modify or copy the materials.
b) use the materials for any commercial purpose, or for any public display (commercial or non-commercial).
c) attempt to decompile or reverse engineer any software contained on Companies web site.
d) remove any copyright or other proprietary notations from the materials.
e) transfer the materials to another person or 'mirror' the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any copied/downloaded materials in your possession whether in electronic or printed format.

Disclaimer

The materials on Companies web site are provided 'as is'. Company 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, Company 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.

Limitations

In no event shall Company 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 Companies Internet site, even if Company or a Company 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 Companies web site could include technical, typographical, or photographic errors. Company does not warrant that any of the materials on its web site are accurate, complete, or current. Company may make changes to the materials contained on its web site at any time without notice. Company does not, however, make any commitment to update the materials.

Links

Company 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 Company of the site. Use of any such linked web site is at the user's own risk.

Site Terms of Use Modifications

Company may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Governing Law

Any claim relating to Companies web site shall be governed by the laws of the State of New York without regard to its conflict of law provisions.

As an Instructor, You represent, warrant, and covenant that: No Submitted Content shall infringe or misappropriate any intellectual property right of a third party. But, if instructor use HEVC compression, it's the instructor's responsibility to pay the royalties to the MPEG-LA, the owner of HEVC patents as appropriate.

Privacy Policy

Cookie Policy

ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT

DECLARATIONS: This Agreement is entered into between personal trainer MOMS FIT LIFE (“Trainer”) and You, reader, (“Client”). The provision of personal training services by Trainer to Client, and Client’s use of any premises, facilities or equipment are contingent upon this Agreement. ASSUMPTION OF RISK: You agree that if you engage in any physical exercise or activity, including personal training, or enter our premises or use any facility or equipment on our premises for any purpose, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment, whether provided to you by Trainer or otherwise, including injuries or damages arising out of the negligence of Trainer, whether active or passive, or any of Trainer’s affiliates, employees, agents, representatives, successors, and assigns. Your assumption of risk includes, but is not limited to, your use of any exercise equipment (mechanical or otherwise), sports fields, courts, or other areas, locker rooms, sidewalks, parking lots, stairs, pools, whirlpools, saunas, steam rooms, lobby or other general areas of any facilities, or any equipment. You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, walking, jogging, running, aerobic activities, aquatic activities, tennis, basketball, volleyball, racquetball, or any other sporting or recreational endeavor. You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of Trainer or otherwise. RELEASE: You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Trainer (and Trainer’s affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Trainer, whether active or passive, or any of Trainer’s affiliates, employees, agents, representatives, successors, and assigns. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, (c) negligent instruction or supervision, including personal training, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of a premises or while traveling to or from personal training, including injuries resulting from Trainer’s or anyone else’s negligent inspection or maintenance of the facility or premises. INDEMNIFICATION: By execution of this agreement, you hereby agree to indemnify and hold harmless Trainer from any loss, liability, damage, or cost Trainer may incur due to the provision of personal training by Trainer to you. ACKNOWLEDGMENTS: You expressly agree that the foregoing release, waiver, assumption of risk and indemnity agreement is intended to be as broad and inclusive as permitted by the law in the State of Florida and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. You acknowledge that Trainer offers a service to his/her clients encompassing the entire recreational and/or fitness spectrum. Trainer is not in the business of selling weightlifting equipment, exercise equipment, or other such products to the public, and the use of such items is incidental to the service provided by Trainer. You acknowledge and agree that Trainer does not place such items into the stream of commerce. This release is not intended as an attempted release of claims of gross negligence or intentional acts. You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk and indemnity agreement. You are aware and agree that by executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against trainer for trainer’s negligence, or for any defective product used while receiving personal training from trainer. You have read and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.

Important Notice About Our Fitness and Nutrition Content
Our Content Does Not Constitute Medical Advice or Other Professional Healthcare Advice.
THE CONTENT IS FOR INFORMATIONAL PURPOSES ONLY. THE MOMS FIT LIFE PRODUCTS AND SERVICES ARE NOT INTENDED TO DIAGNOSE ANY MEDICAL OR HEALTHCARE CONDITION, REPLACE THE ADVICE OF A LICENSED HEALTHCARE PROFESSIONAL, OR PROVIDE ANY MEDICAL ADVICE, OPINION, DIAGNOSIS, TREATMENT OR GUARANTEE. THE PRINTED AND RECORDED CONTENT IS INFORMATIONAL ONLY, AND OUR LIVE INSTRUCTION IS PRESENTED AS PERSONAL TRAINING ONLY – NOT PHYSICAL THERAPY, MEDICAL THERAPY OR PSYCHOLOGICAL THERAPY. Although Moms Fit Life provides its products and services with your health and safety in mind, each individual has her own limitations, and it is therefore critical that you consult your physician, nurse practitioner, physician’s assistant, therapist, nutritionist, counselor, mental health practitioner, licensed dietitian or nutritionist or any other licensed or registered healthcare provider for necessary medical or appropriate care, follow all safety and other instructions provided by Moms Fit Life, and obtain appropriate authorization before accessing or using any Moms Fit Life Product or Service, especially if you are prone to injuries, are pregnant or nursing, or have any other unique or special medical conditions. We do not diagnose medical or psychological conditions, nor do we determine what therapies are most appropriate for you – you need a licensed medical or psychological professional for that. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site! The information made available on or through the Site and the Moms Fit Life Products and Services should not be relied upon when making medical or other important healthcare decisions. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your doctor or 911 immediately. Moms Fit Life does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Moms Fit Life, Moms Fit Life employees, others appearing on the Site at the invitation of Moms Fit Life, or other visitors to the Site is solely at your own risk. MOMS FIT LIFE DOES NOT PROVIDE CLINICAL SERVICES. ANY INDIVIDUALS CERTIFIED BY MOMS FIT LIFE IN ANY MOMS FIT LIFE PRODUCTS OR SERVICES ARE NOT FUNCTIONING IN ANY CLINCIAL OR LICENSED MEDICAL OR PSYCHOLOGICAL CAPACITY; SUCH INDIVIDUALS ARE SOLELY PROVIDING INFORMATIONAL AND EDUCATIONAL SELF-HELP RESOURCES. YOUR USE OF ANY MOMS FIT LIFE PRODUCTS AND SERVICES DOES NOT CREATE A DOCTOR-PATIENT, PROFESSIONAL-CLIENT, OR SIMILAR RELATIONSHIP BETWEEN YOU AND MOMS FIT LIFE OR YOU AND ANY PERSON CERTIFIED THROUGH MOMS FIT LIFE. Simply stated: We’re not your doctor and we’re not your therapist. We don’t diagnose medical conditions or prescribe treatments. You have to follow the advice of your own medical professional, regardless of what you might learn from our content. We only provide educational services. Assumption of Risk; Liability Limitations You expressly acknowledge and agree that your access, use and/or involvement with any Moms Fit Life Product or Service, or individuals certified by Moms Fit Life in any Moms Fit Life products or services may involve potentially dangerous and physical activities that may lead to personal and/or bodily injury, death, temporary or permanent disability, or damage to or loss of property or privacy. You acknowledge and willingly accept these risks and agree to unconditionally release and hold harmless Moms Fit Life from and against all claims, suits, damages, losses, causes of action, costs, expenses or liability arising out of or related to your access, use and/or involvement with any Moms Fit Life Product or Service. You must use your judgment in using the Moms Fit Life Products and Services and agree that you are doing so at your own risk.

Simply stated: This is really important: You might get injured when you engage in the activities we cover (just like you might get injured when you go to the gym, or surf, or ride a bike). You acknowledge that all risks cannot be eliminated. You are choosing to engage in an activity you know has a chance of physical injury, and yet you still freely choose to do it. You won’t seek compensation if you get hurt or lose money.

Moms Fit Life's Products/Services;
Orders Order Processing If paying by debit card, or credit card, you give us permission to automatically charge your credit or debit card as payment for your Program, Product or Service without any additional authorization, for which you will receive an electronic receipt. In the event that payment is not received by the date due, you will have a three (3) day grace period to make the payment; otherwise, the Moms Fit Life Product or Services will not continue and we reserve the right to cease your access immediately and permanently. If you fail to make payment in a timely manner in accordance with these Terms and we do not elect to terminate your order, you still will remain fully responsible for the full cost of the Moms Fit Life Products or Services.

Simply stated: You can pay by credit or debit card. If your payment doesn’t go through, we can terminate your access or hold you responsible for full payment.

Product and Service Descriptions, Price, and Other Information

We have taken reasonable precautions to ensure that all product descriptions, prices and other information shown on our Site are correct and fairly described. However, when ordering products or services through the Site, please note that: Moms Fit Life reserves the right to not accept any orders if there is a material error in the description of the product or service, or if the price advertised is incorrect; Moms Fit Life reserves the right to refuse or discontinue the supply of any Moms Fit Life Product or Service to any customer, or change, suspend or discontinue any aspect of the Site at any time in our sole and absolute discretion; and all prices are displayed in United States Dollars unless expressly indicated otherwise.

Simply stated: We do our best to keep our product descriptions current and accurate, but we’re allowed to change them.

Taxes

All purchases are subject to applicable sales and/or other taxes, which will be applied to your order total. For purchases where sales tax is applicable you will see the tax calculated on the checkout page before you are asked to confirm the purchase. In consideration of our allowing you access to the use of the Moms Fit Life Products and Services, and in collecting and remitting taxes required on your purchases, you waive your right to claim that the tax collected on any purchase is incorrect in any respect and you agree to hold us, our officers, directors, employees, agents and representatives, harmless from and against any claim, action, demand, loss, suit, or damages (including attorneys' fees) made or incurred as a result of our error in calculating the taxes you owe for your purchases.

Simply stated: When required, we add sales tax to your order. You have to pay those taxes.

Refund Policy

Your satisfaction with Moms Fit Life Product or Service is important to us. Yet, because of the extensive time, effort, preparation and care that goes into creating and/or providing the Moms Fit Life Products and Services, we have a case-by-case refund policy within 15 days of purchase (30 days for continuing education courses). By using and/or purchasing any of our Moms Fit Life Products or Services, you understand and agree that all sales are final, and refunds will be provided only on a case-by-case basis and only within a 90 day period from your purchase date. Since we have a clear and explicit Refund Policy, we do not tolerate or accept any threatened or actual chargeback from your credit card company. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to credit reporting agencies. Any refunds requested after subscription renewals will be subject to a small fee.

Simply stated: We have a case-by-case refund policy; otherwise, all sales are final. You must request any refunds within 15 days of purchase (30 days for continuing education courses).

Your Personal and Payment Information

When you provide any information to us for any reason, such as to sign up for an offer, use our mobile applications, or purchase our Moms Fit Life Products and Services, you agree to only provide true, accurate, current, and complete information. By providing any credit card or other payment card information to us, you represent that such payment information is correct, and belongs to you or you have the authority to use such payment card. In the case of e-mail, you must provide an accurate e-mail address that is registered to you. You are responsible for promptly updating your information with any changes, especially to keep your billing information current. You must promptly notify us if your payment card is cancelled (for example, for loss or theft). To help keep your account current and prevent service interruption, you acknowledge Moms Fit Life may update your payment card information on file when it is set to expire or based on updates it receives from the bank that issues your payment card. You agree that your placement of an electronic order on the Site is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required. All information obtained during your purchase or transaction for our Programs, Products and Services and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us and our payment processing company. Payment processing companies and Merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through the Moms Fit Life Products or Services, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the Merchant directly.

Simply stated: The payment information you give us has to be accurate and up-to-date. We will keep it private. We use third-parties to process your payment, and their privacy policies may be different than ours.

Automatic Renewal and Subscription Products

We offer certain Moms Fit Life Products and Services on an automatic or subscription basis, so you can enjoy all the benefits of our products or services on a continuous basis. If you choose this option at the time of your purchase, you agree such products/services will automatically renew at the frequency disclosed to you at the time of your initial purchase (i.e., monthly, quarterly or annual basis, etc.). By choosing the automatic subscription option, you acknowledge and agree your subscription will automatically renew, and unless and until you cancel, you authorize us to charge your payment card for the products/services you continue to purchase, plus applicable taxes. If there are any changes to your subscription terms, such as pricing, frequency, date of charge or any other items, we will take commercially reasonable efforts to inform you in writing of such change. Any refunds requested after the subscription renews will be subject to a small refund fee.

Simply stated: Subscription purchases will renew automatically unless you contact us to cancel them. Any refunds requested after the subscription renews will be subject to a small refund fee.

Changes to These Terms

Moms Fit Life may revise and update these Terms at any time. Your continued use of the Site will mean you accept those changes.

Simply stated: Actually, we can’t say it more simply than that.

Simply stated: You agree that we are not liable if our products or services don’t do what you expect or aren’t always available, or if you are harmed while using them. We will do our best to secure confidential information, but we can’t guarantee we’ll never be victimized by hackers and other intruders.

This site offers health, fitness, and nutritional information and is designed for educational purposes only. You should not rely on this information as a substitute for, or a replacement of, professional medical advice. Consult with your doctor prior to beginning any exercise or fitness plan sold or read about on this website. Do not disregard, delay, or avoid any medical or health related because of something you read on this website. The use of any information or products purchased through this website is done so solely at your own risk. Use or purchase of any information or products is not intended to create a professional-client relationship between you and Moms Fit Life.