FitForService

TERMS OF PARTICIPATION

TERMS OF PARTICIPATION Fit for Service LLC programs are intense, interactive and, in our opinion, like no other programs which our students have ever experienced. We are committed to providing all participants with a positive experience. Thus, to fully experience and gain the most benefit from our programs, you agree: Fit for Service LLC may, at its sole discretion, limit, suspend, or terminate your participation in any of its programs, live, recorded, virtual, applications, social media-based or digital without refund or forgiveness of remaining payments if:

● you become disruptive or difficult to work with;

● you fail to follow the program guidelines; or,

● you impair the participation of our instructors or participants in our program(s).

Privacy & Confidentiality: We respect your privacy and must insist that you respect the privacy of fellow Program participants. We respect your confidential and proprietary information ideas, plans and trade secrets (collectively, "Confidential Information") and must insist that you respect the same rights of fellow Program participants and of the Company. Thus, you agree:

● not to infringe any Program participants or the Company's copyright, patent, trademark, trade secret or other intellectual property rights;

● that any Confidential Information shared by Program participants or any representative of the Company is confidential and Proprietary, and belongs solely and exclusively to the Participant who discloses it or the Company;

● that if you violate, or display any likelihood of violating, any of your agreements contained in this paragraph the Company and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

While you are free to discuss your personal results from our programs and training, you must keep the experiences and statements, oral or written, of all other participants in the strictest of confidence unless you receive written permission. You further agree to execute the Release And Waiver Of Liability, Assumption Of Risk, and Indemnity, annexed hereto.

Content:

● Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice, medical, therapy or counseling tailored to any individual.

● All materials, procedures, policies, and standards, all manuals, all teaching aids, and the like that have been or will be made available by Fit for Service LLC or their designated facilitators, coaches, team, contractors, vendors, affiliates or any other source, oral or written, are for personal use in or in conjunction with this training program only.

● The information contained in program material is strictly for educational purposes. Therefore, if you wish to apply ideas contained in this material, you are taking full responsibility for your actions.

● We assume no responsibility for errors or omissions that may appear in any program materials.

Financial Covenant & Promise To Pay:

● You promise to keep your payments current and on time.

● You promise to keep your payments current and on time, whether or not you choose to participate.

● You promise to notify Fit for Service LLC immediately if you change your credit card, ACH and/or billing address, email address or contact details.

● You promise to stay current on payments for all other products, programs, retreats, etc. that you are enrolled in with Fit for Service LLC.

Terms of Sale:

● You hereby ratify your understanding that all program sales at Fit for Service LLC are non-refundable and waive any rights to chargeback your purchase with your credit card processor and that any chargeback is considered a default of this Agreement. If your application is not accepted you will receive a full refund of your application deposit.

● You agree that Fit for Service LLC is not responsible for accommodations, meals, travel or other travel related expenses associated with events, retreats, Fit for Service LLCs, etc. and that these charges are your sole responsibility.

● You agree to pay the Amount Due no later than the Payment Due Date shown to ensure the program of your choice

● You agree to the following deadlines for deferral: If you decide to defer 31 days or more from the start date of the session you applied for, you will not be asked to pay the deferral fee.

If you decide to defer within 30 days of program start, you are required to pay a $250 deferral fee.

You can only defer up to 10 days prior to the start date of the program. No deferrals are possible afterwards.

● You understand the following deadlines for withdrawal: We require a $500 deposit to apply to Fit for Service Academy. The deposit is non-refundable and will be applied to tuition; in the case that you are not admitted to the program you will be refunded in full. Withdrawal Deadlines:

31+ days in advance of program start date: Cut off for withdrawals; Full refund less $500.

7 days in advance of program start: Cut off for deferrals.

1-7 days in advance of program start date: 75% refund.

After program has started: No refunds or deferrals.

If a student withdraws and later decides to reapply, they will be asked to pay a new non-refundable deposit as part of their full tuition.

● You agree that being under the influence of drugs or alcohol during sessions is a violation of our terms and is considered a default of this agreement. Prescription medication prescribed by a doctor is not considered default.

● You acknowledge that Fit for Service LLC has a no-quit policy and that your payments are due in full for the program prior to the start date, whether or not you choose to participate.

● You acknowledge that you are free to not participate in the program, however, you agree not to cancel your payments, chargeback, dispute or go delinquent in your payments, dues or membership fees that are due to Fit for Service LLC.

● You agree to pay all reasonable costs, including attorneys' fees that Fit for Service LLC incurs to collect amounts you owe.

● You agree that all payments, details, coordination of travel and/or accommodations to/from and at events are your responsibility and disruptions of travel, delays, and/or cancellations for any reason are not a grounds for a refund. You agree to procure travel insurance or waive your right to do so.

Release And Waiver Of Liability, Assumption Of Risk, and Indemnity:

IN CONSIDERATION of being permitted to participate in Fit for Service LLC, presented virtually and in person I, for myself and for my personal representatives, assigns, heirs, devisees, beneficiaries, trusts, assignees or other successors-in-interest:

PARTICIPATION

  1. Acknowledge and Understand that Fit for Service LLC is not medical treatment or therapy and is not intended to provide and does not constitute medical, mental health, legal, or other professional advice, diagnosis and/or treatment. The content presented at Fit for Service LLC is designed to support, not replace, medical, psychological and/or psychiatric advice and treatment. I Acknowledge and Understand that Fit for Service LLC and its employees and representatives are not licensed therapists, psychiatrists, psychotherapists, doctors, or other medical, psychological and/or psychiatric professionals and agree to seek proper medical and/or therapeutic treatment as needed. Further, I understand that since Fit for Service LLC is not providing medical, mental health or any kind of healthcare services that my relationship with Fit for Service LLC is not protected under HIPAA (Health Insurance Portability and Accountability Act of 1996). I explicitly include any and all costs incurred by me for seeking such proper medical and/or therapeutic treatment with the matters for which I am releasing, waiving, and indemnifying any claims or liabilities below:

  2. Acknowledge and Understand that attending Fit for Service LLC may be an extremely difficult experience, both physically and emotionally. Attending Fit for Service LLC will expose me to extreme, atypical, and/or unnatural circumstances and may lead to extreme physical, psychological, and emotional strains, pressures, and/or distress, both during and after Fit for Service LLC, which may cause me, without limitation, anxiety, discomfort, embarrassment, anger, and/or shock. I Acknowledge and Understand that I am fully responsible for managing myself, my actions and my emotions in connection with Fit for Service LLC and am solely responsible for all actions I take and things I say during Fit for Service LLC. I am to refrain from any alcohol or drug use during my coaching days and sessions.

  3. Acknowledge and Understand that I shall refrain from causing any and all forms of emotional or physical harm and/or violence, or threatening such harm and/or violence, to any other person or entity including, without limitation, any other participant, in connection with Fit for Service LLC. If I do so, I acknowledge, understand, and agree that Fit for Service LLC needs to balance and preserve fairness while ensuring ultimate safety of the participants and shall have the right to exercise its sole discretion in evaluating such conduct and determining the nature of any required intervention including, but not limited to, asking me to leave Fit for Service LLC without a refund. I explicitly include the consequences that I may suffer as a result of engaging in any of the conduct and of Fit for Service LLC’s intervention with the matters for which I am releasing, waiving, and indemnifying any claims or liabilities below.

  4. Acknowledge and Understand that, in connection with Fit for Service LLC, I may reveal and/or relate, and/or other parties (including, without limitation, other Program participants and/or parties affiliated with Fit for Service LLC) may reveal and/or relate, information about me of a personal, surprising, defamatory, disparaging, embarrassing or otherwise unfavorable nature of the type that may typically expose me to public ridicule, humiliation or condemnation, and may be considered a serious invasion of my privacy. I explicitly include any injuries or harm that I may suffer as a result of engaging in any of the above described conduct with the matters for which I am releasing, waiving, and indemnifying any claims or liabilities below.

  5. Acknowledge and Understand that no party has made any representations or warranties to me about other participants in Fit for Service LLC or any other person whom I may encounter in connection with Fit for Service LLC, including by not limited to, the mental or physical health of any such person. If I choose to engage in consensual sexual behavior or intimate contact with any such person I do so voluntarily and knowingly and I assume any and all risks that by engaging in such activity. I am cognizant of the risks and I shall behave in a manner consistent with good judgment and causation as I would in my daily life. I further Acknowledge and Understand that if I choose to enter into an intimate relationship of a romantic and/or sexual nature with any such person, I do so without any duress and assume any and all risks that may be associated with any such relationship, including but not limited to emotional, physical, or financial harms. I explicitly include any injuries or harm that I may suffer as a result of engaging in any of the above described conduct with the matters for which I am releasing, waiving, and indemnifying any claims or liabilities below.

  6. Acknowledge and Understand, agree, and represent that I understand the nature of the activities to be undertaken at Fit for Service LLC and that I am qualified, in good health, and in proper physical and mental condition to participate in such activities. I further agree and covenant that if at any time I believe that my participation in an activity at Fit for Service LLC would put me or other participants at risk of harm, I will decline to participate in such activity, or if such activity has commenced, immediately discontinue further participation in such activity. If I participate in an activity, I do so voluntarily and knowingly and I expressly assume any and all risks of property damage, personal injury, and/or death to me or other participants arising from my participation in such activity.

  7. The information contained in this program (including but not limited to content in any format) is based on sources and information reasonably believed to be accurate as of the time it was recorded or created. However, this material deals with topics that are constantly changing and are subject to ongoing changes related to technology and the market place as well as legal and related compliance issues. Therefore, the completeness and current accuracy of the materials cannot be guaranteed. These materials do not constitute legal, compliance, financial, tax, accounting, or related advice. Any case studies, examples, illustrations cannot guarantee that the user will achieve similar results. In fact, your results may vary significantly and factors such as your market, personal effort and many other circumstances may and will cause results to vary.

  8. The information provided in this product is sold and provided on an “as is” basis. Fit for Service LLC does not promise or guarantee any income or particular result from your use of the information contained herein. Those results are your responsibility as the end user of the product.

  9. Hereby consent to receive medical treatment which may be deemed advisable in the event of any physical and/or emotional injury, accident and/or illness I may suffer during Fit for Service LLC. I Acknowledge and Understand that no party has made any representations or warranties about the treatment that I may receive and I explicitly include any injuries or harm that I may suffer as a result of the treatment, including but not limited to as a result of inadequate and/or negligent medical treatment, with the matters for which I am releasing, waiving, and indemnifying any claims or liabilities below.

  10. Acknowledge and Understand and agree that at Fit for Service LLC, video images, movies, photographs and audio recordings may be made by Fit for Service LLC, and its representatives and employees. I hereby authorize my photo, video, voice or film likeness (with or without my name) to be used, without any compensation payable to me, for any non-commercial purpose in any and all non-commercial media by Fit for Service LLC or the RELEASES (defined below). IF you do not consent to this photographic waiver, email team@fitforservice.com for an alternative.

  11. Acknowledge and Understand that all video, audio and written materials purchased by or provided to me in connection with Fit for Service LLC are protected by copyright laws and I agree not to use, disclose, copy or distribute any such materials for commercial purposes without the prior written consent of Fit for Service LLC.

  12. Acknowledge and Understand that my participation in Fit for Service LLC is voluntary. I Acknowledge and Understand the scope, nature, and extent of the risks involved and expressly, voluntarily, and irrevocably assume any and all risks of loss and/or damage to property, illness, injury, and/or death arising from my travel to and attendance and participation in Fit for Service LLC, whether or not contemplated in this Agreement and regardless of how it was caused.

RELEASES

  1. To the maximum extent permitted by law, hereby unconditionally and irrevocably forever release, discharge and covenant not to sue Fit for Service LLC, its subsidiaries, divisions, affiliates, hosts (including the owners and lessors of the premises on which the retreat takes place), sponsors, promoters, advertisers, all participants in Fit for Service LLC, and all of their respective directors, officers, shareholders, employees, volunteers, representatives and agents of any kind, and the respective successors and assigns of each of the foregoing (each a “releasee” and collectively, the releasees”), from any and all claims, demands, rights, causes of action, damages, liabilities, losses, attorneys’ fees, costs and expenses of any kind, arising out of, resulting from or by reason of, any tort, contract, and/or statutory cause of action of any kind whatsoever which I now have or later may have (whether known or unknown, foreseen or unforeseen) against the releases in any way resulting from, arising out of, or in connection with my preparation for, travel to, attendance in and/or participation in Fit for Service LLC, occurring before, during or after my actual participation in Fit for Service LLC, including without limitation, claims for any injury, illness, damage, loss or harm to me or my property, or my death.

    The released claims shall include, without limitation, those based on negligence or gross negligence, wrongful death, personal injury, infliction of emotional distress (both negligent and intentional), products liability, breath of contract, fraud, fraudulent inducement, fraudulent concealment, breach of any statutory or other duty of care owed under applicable laws, libel, slander, defamation, statutory and common law invasion of privacy, intrusion upon seclusion or solitude or into private affairs, public disclosure of private facts, false light, violation of the right of publicity or personality, infringement of intellectual property, and/or loss of earnings or potential earnings, whether caused by any of the releases or any of the other participants in Fit for Service LLC or other third parties.

    The release extends to any and all claims I have or later may have against the releases including, but not limited to, claims resulting from or arising out of (I) the releasees’ acts or omissions in connection with Fit for Service LLC (whether before, during or after my actual participation in Fit for Service LLC); (II) the conditions, qualifications, instructions, rules or procedures under which Fit for Service LLC is conducted; (III) any medical treatment received; and/or (IV) any other cause this agreement shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.

  2. Hereby agree to release, indemnify, defend and hold harmless each of the releasees from any and all claims, losses, liabilities, damages, expenses (including reasonable attorneys’ fees and costs) of any nature whatsoever, by whomever asserted, which they may incur or suffer arising out of, in connection with, or relating to (a) any breach or alleged breach of any agreement, covenant, representation, warranty made by me in this agreement or (b) my travel in connection with, and preparation for, attendance and participation in Fit for Service LLC or the activities associated with Fit for Service LLC, whether occurring before, during or after my actual participation in Fit for Service LLC, including, without limitation, any injury, illness, damage, loss, harm or death I or any third parties may suffer therefrom and any statement, action or omission of mine during or in connection with Fit for Service LLC or resulting directly or indirectly from Fit for Service LLC (whether before, during or after my actual participation in Fit for Service LLC).

  3. Acknowledge and Understand and agree that, to the maximum extent permitted by law, the releasees will not be liable to me or any third party for any indirect, consequential, incidental, punitive, or special damages, regardless of the form of action, whether in contract or in tort, including negligence, even if the releasees have been advised of the possibility of such damages. In addition, I Acknowledge and Understand and agree that under no circumstances shall the releasees’ total liability of any kind arising out of or related to this agreement and Fit for Service LLC, regardless of the forum and regardless of whether any action or claim is based on contract, tort, or any other legal theory, exceed my cost of admission to Fit for Service LLC. I Acknowledge and Understand that this limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this agreement and my participation in Fit for Service LLC. In the event that any litigation or arbitration is brought by me or the releasees, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation or arbitration.

  4. Acknowledge and Understand that if I institute or anyone on my behalf institutes, any suit or action at law or any claim for damages or cause of action against any of the releases because of injury to my person or property, or my death, due to the activities covered by this agreement, this agreement can and will be used in court as conclusive evidence of my full informed “covenant not to sue” releases, and it is my full intent and desire that this waiver be given full force and effect to prevent any litigation brought by my estate, heirs, executors, administrators, successors and assigns who may attempt to bring suit against the releases. I have freely relinquished my right to sue and thus my successors, heirs and assigns shall be equally bound in law and equity by this covenant not to sue. It is my understanding and intent that this agreement will be binding not only on myself, but will also be binding on all other persons or entities including my estate, executors, heirs, personal representatives, administrators or other successors and assigns who may initiate any suit, action, claim or other proceeding arising out of my participation in any and all activities, however such injuries, damages or losses are caused.

  5. Acknowledge and Understand that any dispute, controversy, or claim (collectively, “Claims”) arising out of or related to this Agreement, or the creation, validity, interpretation, breach, or termination of this Agreement will be resolved under Texas law. All parties agree that all Claims shall be finally and exclusively resolved by binding arbitration, under the Expedited Arbitration rules of the American Arbitration Association. Such arbitration will be held in the City of Houston, Texas and may be initiated by any party by sending written notice request arbitration to the other parties. The parties agree not to contest personal jurisdiction or venue in connection with any such proceeding. Disputes may only be resolved on an individual basis, and I may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration. If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.

  6. Acknowledge and Understand that this document constitutes the entire agreement and understanding between the parties concerning the subject matter hereof, and supersedes all prior or contemporaneous communications, whether electronic, oral, or written between the parties, and cannot be changed or terminated except by a written instrument signed by the parties hereto. I have read this agreement, fully understand its terms, understand that I have given up substantial rights by signing it and have signed it freely and without inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any provision of this agreement shall be determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect and enforceable.