Membership Service Agreement – Miles To Go Athletics

MILES TO GO ATHLETICS

MEMBERSHIP SITE AGREEMENT

Welcome to MILES TO GO ATHLETICS. We are so excited to have you here!

By participating in group or 1:1 coaching programs (the “Membership”), signing this Agreement, or accessing this Membership site: https://milestogoathletics.trainerize.com (the “Site”) you hereby agree to the following terms outlined herein.

We encourage you to read this Agreement carefully before accessing the Membership and/or using any proprietary materials associated with the Membership including any written, audio, or visual presentations or documents associated with the Membership (the “Materials”).

The terms and conditions of this subscription Membership Site are entered into and effective as of the date of purchase between you (the “Member”) and MILES TO GO ATHLETICS, LLC (the “Company”).

Please understand that if you do not understand or accept this Agreement, we ask you to kindly not access any of the Company’s proprietary materials. If you have any questions you may kindly email us at: info@milestogoathletics.com.

The Materials appearing on this Site are provided as either informational or educational services for the Member to learn from. The owner of this Site, MILES TO GO ATHLETICS, LLC and its directors, agents, contractors, employees and affiliates assume no responsibility or liability for any consequence resulting directly or indirectly from any action or inaction you take based on the information found on or Materials linked to on this Site.

To access or use our Membership, you must be 18 years of age or older and have the requisite mental capacity to enter into these Terms & Conditions. By using this Membership Site, you represent that you are at least 18 years old and agree to be bound by these Terms and Conditions.

In consideration of your enrollment into the Membership, and access to the Site, the Member agrees to the following:

1. ACCEPTANCE OF TERMS

1.1 The following Terms and Conditions Agreement is a legally binding agreement that shall govern the relationship with our Members which may interact or interface with the Company, our Membership and our subsidiaries and affiliates. Your access to and use of this Membership and Site signifies your acceptance and agreement of the Terms and Conditions.

2. SCOPE OF SUBSCRIPTION

2.1 The Member’s access to the Membership includes the following:

Programming: Includes our strength and conditioning programming and nutrition guidance in accordance with Member’s paid service tier or program membership and the Company’s Services Guide.
Group Coaching Calls: Regular 30-minute community calls for live coaching.
On-Going Support:
- Reasonable video, text, and voice messaging access to our coaches in the community chat groups
- Access to our on-demand resource library

2.2 The Member understands and accepts that any additional services provided for or offered by the Company may require additional fees and signing of a separate agreement to be discussed and agreed upon by the Member and Company.

2.3 Recorded Sessions: The Company may use AI notetaking for Coaching and Community Calls and that such calls may be recorded (audio and video). The Member acknowledges that by attending and/or appearing on such calls that will be video recorded and such recording is agreed. The Member may not record any sessions with the Company without the Company’s prior written consent.

2.4 Disclaimer: The Member understands that the Company is a PERSONAL TRAINER & NUTRITION COACH. The Company is not a therapist, or licensed medical professional, and therefore the Member needs to discuss and clear any and all changes to the Member’s lifestyle, food intake, exercise regimen, or medical treatment with Member’s physician before implementing changes or habits suggested by the Company. The Member confirms that Member has or will discuss any and all changes to Member’s diet, exercise regimen, supplements, medications, or lifestyle with Member’s physician or qualified medical professional before implementing any suggested or offered changes, additions, or alterations to Member’s lifestyle. The Member understands that the Company is not a physician, medical professional, and/or a psychotherapist or psychologist.

Further, the Company has not promised, nor shall it be obligated to: (1) act as a therapist by providing psychological counseling, psychoanalysis or behavioral therapy, (2) assist anyone with a serious medical condition to resolve, manage, or improve that medical condition, and/or (3) assist anyone not under the care of a physician or medical professional while implementing healthy changes in Member’s life.

3. MEMBER RESPONSIBILITIES

3.1 Subscription Rate: In consideration for the Member’s access and enrollment to the Membership provided by the Company as set forth in Section 2: Scope of Subscription, the Member agrees to pay the current Membership fee as outlined at checkout at the time of joining. If the Member opts for monthly payments, the Member understands that the Membership will be a monthly pre-authorized payment to be paid thirty [30] days after their initial enrollment, and monthly thereafter.

3.2 Pre-Authorization: The Member authorizes upon their first transaction for the Company to charge their initial payment method and account monthly in accordance with the terms herein. The Member agrees to provide complete, current, and accurate payment information and to update the Company should any payment information change. The Member further understands that in the event any authorized charge applied by the Company to the Member’s method of payment fails, the Member must pay all amounts due upon demand, together with applicable collection costs.

3.3 Late Payment Fees: If any fee outlined in this Agreement remains unpaid, the following late fees apply: $15 per week, prorated for any partial week. The Company reserves the right to restrict the Member’s access to the Membership and Site, or terminate their participation in the Membership until all outstanding fees have been paid in full.

3.4 Payment Dispute Policy: The Member agrees to not dispute any charges at any time. In the event the Member inadvertently disputes a charge made to their account, the Member agrees to immediately cancel and/or withdraw such a dispute. The Member agrees to not cancel their payment method provided as security without the Company’s prior written consent. The Member is responsible for any and all fees outstanding to the Company, inclusive of attorney fees associated with recouping payment on disputes and any collection fees associated with such an event. If the Member has any questions about a charge made to their account, they may kindly email us at: info@milestogoathletics.com.

3.5 No Results Guaranteed: The Member understands that any amount of success or benefit from the Membership and Site, is dependent upon the Member’s level of participation in the Membership. In order to get the most out of the Membership, the Member must also work to participate in the Membership, implement the tools and strategies learned throughout the Membership, and make considerable efforts towards the Member’s own development on the Member’s own time. The Member is fully responsible for their own level of success and results.

3.6 The Member understands by accepting the payment terms herein, that they are voluntarily electing to participate in the Membership, and financially willing and able to invest in the Membership by choice as effected by their enrollment in the Membership herein. The Member is attesting that by doing so, they are not in any way incurring economic hardship and are aware of Section 5: Cancellation and Refunds

3.7 No Chargebacks: The Member will not, under any circumstances, issue or threaten to issue any chargebacks to the Company or to the Client’s credit card and/or form of payment (ie, Stripe or PayPal) for any reason whatsoever related to the Membership. In the event of a chargeback, the Company reserves its right to report it to the credit bureaus as a delinquent account.

3.8 Photograph and Testimonial Release: The Member grants the Company the right, title and interest to share any and all communications, wins, screenshots of communications, or testimonials in connection with the Member’s participation in the Membership for the purposes of promoting and marketing the Membership across social media, advertisements, the Company’s website, and to the Company’s future clients. The Member understands that Member will not receive any compensation for use of Member’s likeness, testimonial, or image. The Company will make all reasonable efforts to conceal the identity of the Member, unless otherwise granted permission by the Member to share Client’s name or identifying information.

4. TERM

4.1 The Term of this Agreement shall commence on the date of the Member’s enrollment in the Membership and shall remain in full force and effect for a minimum of six (6) months (the “Initial Term”). Upon completion of the Initial Term, the Membership will automatically transition to a month-to-month Membership basis and shall continue indefinitely based upon the duration of the Member’s subscription in the Membership. Upon the Members cancellation of the subscription, the Member will no longer have access to the Membership.

5. CANCELLATION AND REFUNDS

5.1 After the Initial Term, the Member may cancel their access to the Membership and Site at any time for any reason by providing written notice and completing a questionnaire to the Company. The Member must provide a minimum of ten (10) days’ notice for cancellation, and access to the subscription Membership and Site to be terminated. Cancellation of the Membership and/or this Agreement by the Member will not extinguish the Member’s obligation to pay the full subscription fee(s) as outlined in Section 3.1 if such termination is requested before completion of the Initial Term. The Member will remain obligated to pay all remaining unpaid subscription fees in full.

5.2 The Member understands that the Company may alter the subscription price from time to time. This will not affect any members on a subscription, however, if a Member would like to pause or cancel their subscription, they will lose their preferred Member pricing.

5.3 The Member understands the Company does not offer any refunds for payments made. The Member understands that all sales are final and are not eligible for any refund under any circumstance, be it known or unknown now or in the future, if the Member has/had access to the Membership. The Member further agrees and understands that changing their mind about the Membership, failing to follow through or understand the details of the Membership, not experiencing the results they expected or desired, or experiencing any other similar situations does not, under any circumstance, warrant a refund. The Member further accepts that disputing a charge through their own financial institution is a violation of this Agreement and agrees not to do so. Please refer to Section 3.4 for the Company’s Payment Dispute Policy.

5.4 The Member may use the Site and Membership for lawful purposes only. The Member shall not post or transmit through the Site any material which violates or infringes the rights of the Company or others, which is racist, homophobic, transphobic, unethical, threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. Doing so is grounds for termination of Membership, at the Company’s discretion.

5.5 The Member agrees to communicate with other members with the utmost respect and professionalism. The Company reserves the right to cancel the Member’s Membership and terminate access to Site without warning if the Member engages in abusive or otherwise unprofessional behavior, as aforementioned above, in the Membership community forum, on the Site, or towards representatives of the Company or other members. In the event of such termination, no refund will be provided and the Member will remain obligated to pay all outstanding Membership fees in full.

5.6 In the unlikely event that an event is cancelled or there are service outages on the training app, the Company will make every effort to arrange alternative programming, but cannot guarantee it will be able to do so. Cancellation or rescheduling of programming will not be considered grounds for a refund of any kind.

5.7 If the Member is unable to keep an appointment with Company, please provide at least 2-hour notice directly to Member’s assigned Coach. The Member can reschedule Member’s appointment by using their coach’s calendar scheduler link.

6. NO GUARANTEES

6.1 The Member understands that the Company cannot guarantee the outcome of access to the Membership Site. The Company makes no guarantees that the scope of Membership subscription as outlined herein shall be provided to you in accordance with this Agreement. The Member acknowledges that the Company cannot guarantee any results of the Membership, as such outcomes are based on subjective factors (including, but not limited to, Member’s participation) that cannot be controlled by the Company. Any testimonials or reviews shared by the Company are not a representation of guaranteed results, only possible results. Should the Member not achieve their desired result, this shall not be grounds for a refund.

6.2 Testimonials: The Site and extended social media platforms may feature testimonials from previous clients and/ or customers of the Company’s products, packages and/or services. These are intended to provide readers with comments, feedback and information from other’s experiences with our products, packages and/or services. All testimonials are from actual clients, sharing their real, honest opinions and results from their use of the Site, products, packages and/or services. These testimonials are not to be considered as a guarantee for all members/clients to expect the same or similar results. Nor do these testimonials guarantee any level of results. The Member accepts that by viewing the selected testimonials that they do not expect the same results, and accepts that results will vary on a case-by-case basis.

6.3 Affiliate Links: The Membership and various channels may contain links to third-party websites and/ or resources, which are not maintained or related to the Company. The Company in no way guarantees or is responsible for the content contained in any linked website nor for any losses or damages the Member may incur as a result of the use of any such website. The Member acknowledges and agrees that the Company is not responsible for the availability of such links, resources and content, and does not endorse, and is not responsible or liable for, any content, advertising, products, services, or other materials made available to or from these linked websites. The Member understands that the Company accepts no liability, directly or indirectly, for any errors, damages, or omissions contained in third-party websites. The intended purpose of the links provided is to improve the Member’s use of the Membership, to enable the Member to connect with the Company on various platforms, and to help the Company offer the Membership.

6.4 Technical Issues: The Member accepts that no recording of live calls will be provided, or rescheduled if there is a technical error that prohibits or damages the recording, or due to any external Acts of Gods prohibiting or damaging the recording.

6.5 The Company may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside of the Company’s control, that materially affects the performance of Membership services provided under this Agreement, such as: (a) an act of God (inclusive of natural disasters, fires, explosions, earthquakes, hurricane, flooding, storms or infestation); (b) or other (inclusive of hostility, war, invasion); (c) or any hazardous situation created outside the control of either the Member or Company (inclusive of a riot, pandemic, disorder, nuclear leak or explosion, or act or threat of impending terrorism).

7. CONFIDENTIALITY

7.1 Member Information: Any and all Member information and data of a confidential nature, including but not limited to any and all design, creative, marketing, sales, operating, performance, know-how, business and process information (the “Confidential Information”), shall be treated by the Company in the strictest confidence and not disclosed to third parties or used by the Company for any purpose other than for providing the Member with the services specified herein, without the Member’s express written consent, other than to comply with the applicable law. The Confidential Information shall not include any information which (a) becomes available to the public through no breach of confidentiality by Company, (b) was in Company’s possession prior to receipt from the disclosure, (c) is received by Company independently from a third party free to disclose such information, or (d) is independently developed by the Company without use of the Member’s Confidential Information.

7.2 Participant Information: The Member agrees to keep confidential any Confidential Information, as defined in Section 7.1 shared by fellow participants in the Membership (the “Participants”). Any Confidential Information shared by Participants is confidential, proprietary, and belongs solely and exclusively to the Participant who discloses it. The Member agrees not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on any group forum, be it Facebook or otherwise. The Member agrees not to use such Confidential Information in any manner other than in discussion with other Participants in the Membership. Confidential Information shall not include information rightfully obtained from a third party. The Member will keep Participants’ Confidential Information in the strictest confidence and shall use their best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss and/or theft.

7.3 Company Information: The Member agrees to keep confidential any Confidential Information, as defined in Section 7.1, shared by the Company in the Membership. Any Confidential Information shared by Company, its employees, or contractors is confidential, proprietary, and belongs solely and exclusively to the Company. The Member agrees not to disclose, reveal or make use of any Confidential Information or any transactions, during any discussions had as part of the Membership or in relation to the Membership, or otherwise. The Member agrees not to use such Confidential Information in any manner other than in discussion with other Participants in the Membership. The Confidential Information shall not include information rightfully obtained from a third party. The Member will keep Company’s Confidential Information in the strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss and theft.

7.3 Violation of Confidentiality: The Member agrees that if the Member violates or displays any likelihood of violation, the Company and/or other Participants of the Membership will be entitled to injunctive relief to prohibit any such confidentiality violations to protect against the harm of such violations.

8. NON-DISPARAGEMENT

8.1 The Member shall not at any time, either throughout or post their access to the Membership and/or Site, directly or indirectly take any action and/or make, publish, file or record any oral or written statements that would likely have a negative or injurious impact upon, or that is derogatory, defamatory, libel or slanderous in nature to the Company, Membership and/or speakers in the Membership in any way.

9. INTELLECTUAL PROPERTY

9.1 Unless otherwise stated, the Company and/or its licensors own the property rights for all material in the Membership, and in any digital products sold or downloaded through the Membership and/or Site, as well on accompanying social media platforms, inclusive of but not exhaustive of, Instagram, Facebook (private pages and groups), TikTok, YouTube, LinkedIn and Pinterest. All intellectual property rights are reserved. If the Company has Materials in the Membership that are available for download, permission is granted to the Member to download copies of the Materials for personal, non-commercial transitory viewing only.

9.2 This is the grant of a license, not a transfer of title. Under this license, the Member may access the Site for personal use, but the Member may not: (a) modify, copy, republish, reproduce, or redistribute the Materials; (b) use the Materials for any commercial purpose, including but not limited to: sell, rent, sub-license, or use for any public display (commercial or non-commercial); (c) transfer the Materials to another person or ‘mirror’ the Materials on any other server.

9.3 If such behavior is discovered or suspected, this license shall automatically terminate if you are found to have violated any of these restrictions and may be terminated by the Company at any time. The Company reserves the right to immediately revoke your access to the Membership and/or Site, without refund, and reserves the right to prosecute any actionable infringement or misuse to the full extent of the law. Upon terminating the Member’s viewing of these Materials or upon termination of this license, the Member must destroy any downloaded Materials in their possession whether in electronic or printed format.

9.4 The Company further reserves the right to request that the Member remove all links or any particular link to our Site that the Member may have posted or have access too. The Member hereby accepts to immediately remove all links associated with the Membership, Company or Site, upon request from the Company.

9.5 Any requests for permission to use any Materials or content posted on this Site, must be made before the Member wishes to use any such content and may be made by sending an email with their written request to: info@milestogoathletics.com.

10. LIMITATION OF LIABILITY

10.1 In no event shall the Company or its affiliates be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) modification, interruption, suspension or discontinuance arising out of the use or inability to view or use the Materials or content on the Membership Site, even if the Company has been notified orally or in writing of the possibility of such damage.

10.2 The Company shall not be held responsible for any content that appears on or through the Membership and/or Site. The Member agrees to protect and defend the Company against all claims that may be interpreted as: libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.

10.3 The Members decision to visit the Company Site, use information contained herein, and purchase any products offered is purely voluntary. The Member understands that the Company is not responsible or liable for any harm or damage to the Member, or their business resulting from direct or indirect use of Materials or content contained on our Site. The Member agrees to hold the Company harmless from any damages directly or indirectly resulting from their use of Materials, content, products or services in the Membership or distributed through email, and agree that the Member will not make any claims against the Company herein.

10.4 Notwithstanding anything to the contrary contained herein, the Member’s sole and exclusive remedy for negligence, failure to perform, or breach by the Company hereunder shall be a refund of the amount paid but not earned on the Agreement. IN NO EVENT SHALL THE COMPANY BE LIABLE TO THE MEMBER FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES.

11. INDEMNITY

11.1 As a condition of access to the Membership, the Member agrees to indemnify and hold harmless the Company and its agents, employees, representatives, successors and assigns from all direct and third party claims, losses, expenses, fees, including attorneys’ fees, costs, and judgments that may be asserted against Company, by any third parties that result from the errors, negligence, acts, and/or omissions of the Member.

12. RELEASE OF CLAIMS

12.1 The Member releases any right to claims against the Company to the maximum extent as permissible under applicable law. The Member agrees that under no circumstances will the Company be liable to any party, for any type of damages resulting, or claiming to result from any use of, or reliance on, our Membership or content found therein, and the Member hereby releases the Company from any and all claims whether known now or discovered in the future.

13. MODIFICATIONS AND CHANGES

13.1 The Company reserves the right, at our sole discretion, to modify, replace or revise these Terms and Conditions of this Membership at any time and without notice. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Site after those revisions become effective, the Member agrees to be bound by the revised terms. If the Member does not agree to the new terms, please stop accessing the Company’s Membership and/or Site. The Company further reserves the rights to modify, suspend or discontinue, whether temporarily or permanently, the services (or any part thereof) or products, for any reason without notice.

14. SEVERABILITY

14.1 If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

15. NOTICES

15.1 All notices, requests, demands, and other communications under this Agreement shall be in writing and sent to: info@milestogoathletics.com.

16. GOVERNING LAW

16.1 Any claim relating to the Company Site shall be governed by the laws of the State of Maryland without regard to its conflict of law provisions.

17. ENTIRE AGREEMENT

17.1 This Agreement and any other legal notices, policies and guidelines of the Company linked to this Agreement or contained on this Site constitute the entire Agreement between you and the Company relating to your use of this Site and supersede any prior understandings of the parties regarding such subject matter. This Agreement may not be amended or modified except by the Company.

17.2 The Member and Company have executed this Agreement on the date of enrollment by the Member. Completion of enrollment, payment by Member, and granted access to the Site constitutes our Agreement.

18. SEVERABILITY

The provisions of this Agreement shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of this Agreement shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Agreement as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.

19. CONTACT

19.1 If you have any questions about these terms in this Agreement, please contact us at: info@milestogoathletics.com.

Cannot wait to see you in there!