Please review the requisites and terms of this legally binding agreement listed below carefully. Confirm you have read all three sections(Conditions of Use, Payment Policy and Liability Waiver) of the agreement in full and sign at the bottom. The agreement is between you, the client and Mind & Motion Inc. It is a legally binding agreement in its entirety and supersedes all prior agreements, whether written or oral, with respect to such matter. The Agreement is subject to change at any time and at the discretion of Mind & Motion Inc. Changes will not be retroactive and will be maintained current. We will always try to notify you of substantial changes. After being notified of changes your continued access and use of the services denotes that you agree and are bound by the revised services. You can print a copy of them or access them by clicking on the Mind & Motion website.
Mind & Motion Inc. Payment Policy:
- Your first recurring monthly charge of $25 will occur 7 days after your free trial sign up period is completed.
- Your monthly or yearly membership plan will automatically renew every month on the same day of the month (if your original billing date is the 31st, the last day of the month will continue to be your billing date) your original purchase was made. You will keep the same rate for as long as your membership is not cancelled. We reserve the right to raise pricing.
- In the event of a declined credit card/debit card, the member’s account will be immediately placed on hold, pending the member updating their payment information
- All purchases are final and non-refundable. Your membership can be canceled at any time during the month, but all cancellations will happen at the end of your current month of access.
Mind & Motion Inc. Conditions of Use:
- All website content is licensed by Mind & Motion, Inc. and is the expressed property of Mind & Motion, Inc.
- All content, features and functionality provided on the site are owned by Mind & Motion, Inc and its service providers.
- All content is provided for your personal use and cannot be copied, recorded, shared or redistributed, even for temporary use, without the expressed written consent from Mind & Motion, Inc. and its service partners.
- All content is provided by Mind & Motion Inc. without any warranty at all.
- Mind & Motion, Inc will do its best to provide uninterrupted access to its website and services provided. We cannot guarantee uninterrupted service, nor assume responsibility for any external unannounced interruption or delays that may occur.
- Mind & Motion, Inc. can upon its sole discretion terminate your membership and access to its services.
Mind & Motion Inc. Liability Waiver:
Your online enrollment and participation in Mind & Motion’s free trial period membership and/or the subsequent paid membership constitutes your agreement to the below terms. Furthermore, you agree to participating in physical exercise or wellness activities and do so entirely at your own risk, waiving the right to sue for ordinary negligence of Mind & Motion Inc.
Assumption of Risk, Waiver and Release of Liability:
- The services provided are not intended and should not be practiced by minors under 18 years of age.
- There may be a risk of injury associated with the activities involved in this program.
- Physical exercise can be strenuous and subject you to the risk of serious injury, thus you should not engage in any exercise program without first conferring with a physician.
- We urge you not to engage in any strenuous physical activity if you believe it will surpass your tolerance for psychological stress or physical activity.
- By engaging in the exercise programs represented on the Mind & Motion, Inc website you affirm that you are at ease exercising.
- You should stop exercising immediately if at any time you experience shortness of breath, chest pain or any other pain.
- Mind & Motion, Inc has no accountability for determining your physical capabilities nor has it any previous knowledge, or determinations of any existing medical conditions.
- You agree to be solely responsible for determining the appropriate amount of activity, exercise and participation in the program and further agree that Mind & Motion has no responsibility whatsoever for any injury or damage you may incur by participating in the program.
- Any product or service recommendation or endorsement expressed or voiced on the Mind & Motion website is only a suggestion and should not be construed as a requisite to participating in the programs offered on the Mind & Motion site. You are entirely responsible for researching, purchasing and using any products or signing up and engaging any outside services suggested on the Mind & Motion website.
YOU EXPLICITLY AGREE TO THE FOLLOWING CONDITIONS
I knowingly and voluntarily assume all risks associated with performing physical exercises. I assume full responsibility for my participation in Mind & Motion programs.
I, for myself and on behalf of my heirs, assignees, personal representatives and next of kin, hereby waive all claims for personal harm, releasing and holding harmless Mind & Motion, their officers, officials, agents and/or employees, other participants, sponsoring agencies, sponsors and advertisers, with respect to all and any injury, disability, death, or damage to person and/or property, whether arising from negligence or otherwise, to the fullest extent permitted by law.
This liability waiver once signed by you supersedes all prior agreements, whether written or oral, with respect to such matters.
If any portion of this release from liability shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this release from liability shall remain in full force and effect and the offending provision or provisions severed here from.
The payment policy and signed liability waiver are effective upon the date of the purchase. If any legal action or other proceedings is brought forth for a dispute, breach and/or damages whether financial or physical, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs incurred in bringing such action or proceeding, in addition to any other relief to which such party may be entitled. This addendum is executed in Los Angeles County, California.