Matz Fitness, LLC (“Matz Fitness”) requires you (“Client”) to accept these Terms and Conditions in order to participate in this online fitness program (“Program”). These Terms and Conditions will be binding.
By registering and paying for the Program, you will be provided with online access to information, materials, and media (''Material'') designed to educate you and give you advice on physical fitness approaches and techniques. The Material may be accessed on the website www.matzfitness.com (the ''Website''), as well as on Matz Fitness’s mobile application (the ''App''). The Material is ''as is'' and ''as available'' and is not tailored to individual Client needs.
This Program is being offered to registered and paid Clients at the rate listed on the Website and App (the ''Rate''). There are two non-refundable Membership Options: (i) a one month Membership, and (ii) a one year Membership. These Membership Options and their associated Rates are subject to change from time to time, as deemed appropriate by Matz Fitness. Your registration in the Program can be terminated at any time by either you or Matz Fitness. All payments are final. Your Membership will automatically renew unless terminated. Upon termination, the Program and Materials will continue to be available to you until the end of the Membership period; however, there will be no refunds.
This Program is intended only for persons over the age of 18, who are in good health, and who are not pregnant or suffering from an illness or disability. The Program is not designed to, and should not be interpreted by you as, providing any medical advice. If you experience any medical issues or have any medical concerns, you should immediately consult with a physician or other licensed medical provider.
Physical fitness activities, by their very nature, carry with them certain inherent risks which cannot be eliminated regardless of the care taken to avoid injuries. This Program will involve various activities, including but not limited to, weight lifting, aerobic exercises, yoga, and stretching. Some of these involve strenuous exertions of the cardiovascular and muscular systems and muscular strength using various muscle groups. You should never force or strain during these activities. If you experience any pain or discomfort, you should immediately consult with a physician or other licensed medical provider. By participating in this Program, you acknowledge, understand, and assume these inherit risks, and all risks, known or unknown.
Dakota is a Certified Personal Trainer through the American College of Sports Medicine (''ACSM''). Rachel Matz is a 500-hour Registered Yoga Teacher (''RYT'') through the Awakened Life School of Yoga. Dakota and Rachel are not licensed medical providers or dieticians.
Matz Fitness will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, mobile phone or device, data, or other proprietary material due to your use of the Website or App, the downloading of any Material posted on the Website or App, or on any hyperlink contained on the Website or App.
The intellectual property rights in all software and content (including videos, programs, and guides) made available to you on or through the Website and App remains the property of Matz Fitness, LLC, or its licensors. You may store, print, and display the provided materials solely for your own personal use. You may not publish, manipulate, distribute, reproduce, or use for any business purpose, in any format, any of the Material on the Website or App without the express written of Matz Fitness.
Matz Fitness does not guarantee that any particular result will occur as part of your participation in the Program, including but not limited to, weight gain or loss, strength gain or loss, change in physique, or change in other health conditions. Obviously, physical fitness and health is dependent on a large number of factors, many of which are outside the control of Matz Fitness.
You agree to indemnify, defend, and hold harmless Matz Fitness, its directors, officers, employees, consultants, agents, and affiliates, from any and all claims, liability, damages, and/or costs (including, but not limited to, legal fees, if available under Ohio law) arising from your use of the Website or App, the Materials, or your breach of these Terms and Conditions.
Matz Fitness shall have the right, in its sole discretion, at any time and without notice, to amend, remove, or change the Material and other content on the Website or App.
These Terms and Conditions shall constitute the complete agreement between you and Matz Fitness. They shall be binding upon and inuring to the benefit of the parties and their respective successors and assigns. There shall be no oral conditions, representations, warranties, or agreements. This agreement shall be governed by the laws of the State of Ohio, and venue shall be in Muskingum County. If any provision is deemed by a Court to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.