Terms and Conditions of Use

Section 1. WHAT THE PROGRAM INCLUDES & ACCESS TO GREG

F.I.T. Body Blueprint is a hybrid coaching program comprised of web-based learning modules, communication via online app, and scheduled remote live group coaching; it is not a private coaching engagement.

We may, at our sole election, add components over time and will alert you if and when these “bonus” components come on-line.

Our offices close every year from December 24th to January 1st. If your program enrollment includes these dates, or in the unlikely event that your coach is unavailable for a full week due to illness, family emergency or vacation and unable to respond to you for the entire week, your program will be extended for the equivalent duration as your sole remedy.

Section 2. GROUP CALLS

The calendar of weekly group coaching calls will be scheduled in advance. Barring your coach being ill or having a family emergency, these group calls will not be rescheduled. We have found this to be the fairest way to proceed in order to be respectful of all participants who will have re- served these group coaching calls on their calendar.

You are expected to be on time and present for every group call - this is the most important step you can take to realize the maximum return on your investment. If you must miss participating in a session, remember that all sessions are recorded and sent out afterwards.

Section 3. GETTING SUPPORT

We have found that many of the questions you have are best shared in one way or another with your fellow participants. You may ask questions in the private group or during the weekly group coaching calls. If you post a question in the group and do not receive an adequate response, then you may message your coach or raise the question on your next group coaching call.

Please use the above channels for getting support so that we can prioritize your questions and respond to them most effectively. These are the exclusive communication channels that we will use as part of this program. This program does not include private calls with Greg, texting with Greg, or personal email responses from Greg.

Section 4. PAYMENT

You have chosen either to pay $997 upfront or two monthly payments of $547. Your 8 week enrollment period starts on October 26th, 2020 and ends on December 20th, 2020.

You may be invited to continue working with us at the end of your 8 week period depending on your needs, goals, and results.

Late Payment Policy:

If an automatic monthly payment fails for whatever reason, our system will automatically retry the transaction one or more times over the following 7 days (or until the payment goes through successfully). Payments will be deemed late on the 10th day following the first attempt. In the event that you have an outstanding invoice, the charges will accrue as follows:

Late Payment: 10% late fee added to the total amount owed for that month, or the greatest amount allowed by law, whichever is less.

30 days Past Due: We will cease all services and this contract will be placed “on hold” until you have paid the total amount owed plus all applicable late fees. If you wish to continue working together after Past Due payment is received, a new and updated contract will be signed subject to program availability.

Thank you for this investment in our program and in your long term health.

Section 5. PARTICIPATION TERMS


We are committed to providing all participants with a positive experience. Thus, Greg Faxon Enterprises, LLC may, at its sole discretion, limit, suspend, or terminate your participation in any of its programs, live, recorded, social media-based or digital if you:

(a) Become disruptive or difficult to work with
(b) Fail to follow the program guidelines
(c) Impair the participation of our employees, contractors, clients, instructors or participants in any of our programs

In the event of your termination from the Program, Greg Faxon Enterprises, LLC will consider on a case by case basis providing a partial refund based upon the number of weeks remaining in the 8 Week Program.

Please note: We take mental health issues very seriously. This program should not be seen as offering psychological counsel or therapy of any type. Please inform us of any past mental health issues on your intake form. Being in a program like this one that is focused on stretching your capabilities is only appropriate when in a healthy mental state.

If you should have a mental health “flare up” such as a manic episode while enrolled in the program, you will be asked to take a leave of absence. This is for your benefit as well as for the benefit of the group. Your billing and remaining weeks will be paused during this time for up to 30 days. Once you are fully healthy, you may return to the program with a doctor’s note.

Section 6. RELATIONSHIP, RESULTS, AND REFUNDS

We both commit to giving 100% effort to this program with the goal of helping you reach your fitness goals. This program consists of a respectful collaboration between you and your coach.

Your coach will be here as a guide and a thought partner for you as you work towards your goals - ultimately you are responsible for your actions and results.

Given the inherent nature of this collaboration and the variables involved in health and fitness, we cannot guarantee specific results (including consistent with past clients).

Refunds will only be issued if a request has been submitted via email within 14 days of starting the course.

Section 7. DISCLAIMER & RELEASE

I am aware of and assume 100% of the risks involved in this diet and exercise program. I do not have any medical conditions that would prevent me from participating, and have regular medical physical exams. I acknowledge that a risk of injury is inherent in any exercise program. I understand that this program does not constitute medical or psychology advice and I will consult my doctor and/or nutritionist and/or therapist when necessary. I agree to hold harmless, indemnify and defend Greg Faxon Enterprises, LLC (and its owners, officers, and employees) in connection with any claims arising in any way from my participation in this program.

The attached Release and Waiver of Liability and Indemnity is hereby incorporated by reference.

Section 8. DEFAULTS, DISPUTES, & MISCELLANEOUS

We agree that, with respect to money damages for breach of this Agreement by Greg Faxon Enterprises, LLC, damages are difficult to determine with certainty. Therefore, the parties hereto agree that the maximum recovery, if Greg Faxon Enterprises, LLC is found to be in default in the performance of the terms of this Agreement, whether in contract, tort or otherwise, shall not ex- ceed 100% of the total compensation paid for the program. Under no circumstances shall: Greg Faxon Enterprises, LLC be liable for consequential or special damages; or any owner, officer or employee of Greg Faxon Enterprises, LLC be personally liable for damages arising out of this Agreement. Violations of intellectual property rights under this Agreement may be remedied by equitable relief such as an injunction.

In the event of any dispute arising hereunder among the parties, and if the same is not settled within thirty (30) days, then either party may demand that the dispute be submitted first to confidential mediation in accordance with the applicable rules of the American Arbitration Association, or an ADR provider mutually agreed upon by the parties (“AAA”), with the mediator selected by AAA. If said mediation fails to resolve the dispute within thirty (30) days after said election, then the dispute shall be submitted for a confidential binding decision to an arbitrator selected by AAA. The parties to the dispute shall proceed with expedited arbitration in accordance with the applicable rules of the AAA then in effect, and the decision may be enforced by a court proceeding. The parties shall each bear equally the cost of the mediator or arbitrator con- ducting the proceedings which shall be held in the headquarters city of Greg Faxon Enterprises, LLC. Nothing herein shall be construed as eliminating the right of a party to bring an action for injunctive relief.

If any provision of this Agreement or any portion thereof shall be held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable. This Agreement contains the entire agreement of the parties and supersedes any prior written or oral agreements between the parties. This Agreement can only be modified by and instrument signed by both parties. The captions herein are for convenience only. This Agreement shall not be interpreted against the drafter. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel compliance with every provision of this Agreement. Electronic signatures shall be considered originals. This Agreement shall be governed by the laws of state of Greg Faxon Enterprises, LLC’s headquarters.

These provisions shall survive termination of this Agreement.

Section 9. RIGHT TO USE NAME AND LIKENESS

• (a)  You hereby consent to the use of your name, photograph, likeness, voice, testimonial and biographical material, in whole or in part, for publication or reproduction in any medium, including but not limited to television, radio, print media and the internet, among others, for any purpose, including but not limited to public relations, education, advertising, marketing, training and research

• (b)  Your consent is granted to Greg Faxon Enterprises, LLC and extends to such use without restriction or limitation as to time or geographic boundary

• (c)  You hereby waive all rights you may have to any claims or demands for payment or royalties in connection with the use of any of such materials, regardless of the purpose of such use or publication, and regardless of whether a fee is charged or collected by Greg Faxon Enterprises, LLC for any product and/or service in connection with such use and publication

• (d)  You also waive any right to inspect, review or approve any photograph, recording, or other written material at any time, and waive the right to approve the use and medium of publication determined by Greg Faxon Enterprises, LLC

• (e)  You understand that Greg Faxon Enterprises, LLC owns all rights in and to any such photo- graph, recording or testimonial, including any copyright and/or trademark relating to such use

• (f)  Notwithstanding the foregoing, in the event that your specific identity is disclosed in the testimonial or photograph or related materials, Greg Faxon Enterprises, LLC will obtain your written or verbal consent first before sharing publicly.

Section 10. CONFIDENTIAL INFORMATION

We respect your privacy and must insist that you respect the privacy of fellow Program participants and Greg Faxon Enterprises, LLC’s proprietary information, ideas, plans, and trade secrets (collectively, "Confidential Information”). Thus, you agree:

• (a)  Not to infringe upon Greg Faxon Enterprises, LLC’s copyrights, patents, trademarks, trade secrets or other intellectual property rights. All program materials, including training and nutrition plans as well as coaching call recordings and communications from Greg (“Program Materials”), will remain the sole property of Greg Faxon Enterprises, LLC’s subject to your rights to a non-assignable single user license upon payment in full of the program fee.

• (b)  That any Confidential Information shared by Program participants or any representative of Greg Faxon Enterprises, LLC is confidential and proprietary.

• (c)  Not to disclose such information to any other person or use it in any manner other than in discussion with other Program participants during Program sessions or set forth in this agreement.

• (d)  That all materials and information provided to you by Greg Faxon Enterprises, LLC are confidential and proprietary intellectual property which belongs solely and exclusively to Greg Faxon Enterprises, LLC, and may only be used by you as authorized in writing by Greg Faxon Enterprises, LLC at it’s sole discretion.

• (e)  Reproduction, distribution, or sale of these materials by anyone but Greg Faxon Enterprises, LLC is strictly prohibited.

• (f)  That if you violate, or display any likelihood of violating, any of the sections contained in this 
 paragraph or referenced in this Agreement, Greg Faxon Enterprises, LLC and/or other Pro- gram participants will be entitled to injunctive relief against you for any such violations.

SECTION 11. RELEASE AND WAIVER OF LIABILITY

PLEASE READ THIS WAIVER CAREFULLY:

By signing this Waiver, Client waives certain legal rights in connection with the Activities.

This is a legally binding release, waiver of liability, and assumption of risk agreement (the “Agreement”). The undersigned (the “Client”) desires to attend and participate in the Greg Fax- on Enterprises, LLC (“Trainer”) Activities (defined below).

IN CONSIDERATION OF receiving online personal training from the Trainer, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Client hereby agrees to the following terms and conditions (the “ Waiver”):

1. Activities. The Client desires to participate in an online personal training plan offered by the Trainer, which may include, but is not limited to a detailed and customized workout program involving weight lifting, calisthenics, swimming or sport specific activities; nutritional and dietary or meal planning suggestions (the “Activities”).

2. Expenses. The Client shall be liable for all other costs, expenses and expenditures incurred to enable the Client’s participation in the Activities, including without limitation, travel expenses, parking, and/or any equipment necessary to perform the Activities, as well as any recommended meals, drinks or nutritional supplements.

3. Not an Agent. The Client is not an employee or agent of the Trainer. The Client shall not share any of the materials, information, suggestions or advice associated with the online personal training program or the Activities with any other person, and shall be responsible for and shall bear all liability that results from the provision of the online personal training plan or participation in the Activities to any other person. The Client is solely responsible for and shall bear all liability that results from the Client’s own participation in the online personal training plan and the Activities. The Client will indemnify and save harmless the Trainer from and against all

claims whatsoever, made in connection with participation by the Client or another person in the online personal training plan or the Activities, supplied to the Client by the Trainer.

4. Awareness and Assumption of Risks. The Client knows and understands that the Client may suffer physical injuries such as muscle strains, muscle pulls, muscle tears, broken bones, heart attacks, strokes, psychological injuries, sickness or death, or damage to or loss of property, in connection with the Activities. The Client knows and understands the scope, nature and extent of all the risks contemplated by this Agreement, and understands that, if the Client wishes insurance of any kind, the Client must furnish his or her own. The Client freely and voluntarily accepts and assumes all such risks, dangers and hazards, and takes full responsibility for his or her own ac- tions, safety and welfare, and accepts that the Trainer does not have any responsibility for safe- guarding the Client or the Client’s property from the dangers of participating in the Activities.

5. No Medical Conditions. The Client acknowledges that he or she does not have any medical condition(s) that would prevent the Client from participating in any Activities, or that would result in any injury or damage to the Client, or anyone else, as a result of the Client’s participation in Activities. If the Client is aware of any such medical condition(s), it will be the sole responsi- bility of the Client to abstain from participating in the Activities.

6. Drugs and Alcohol. The Client undertakes that if the Client consumes alcohol and/or medication and/or drugs at any time during the course of the Activities, the Client will do so only in moderation and in such quantity that will not affect the Client’s ability to safely complete the individualized program. The Client realizes that a combination of alcohol, medication, and drugs can cause unexpected side effects that can severely affect the Client’s health and ability to complete the program. The Client accepts full responsibility for his/her own actions, health and welfare, and the Client acknowledges and agrees that the Trainer will not be vigilant as to their condition. The Client accepts that the Trainer will not have any responsibility for their welfare. 


RELEASE. THE CLIENT HEREBY REMISES, RELEASES AND FOREVER DIS- CHARGES THE TRAINER, Greg Faxon Enterprises, LLC, all of their affiliates and associated companies, and all of their current and former agents, officers, directors, shareholders, volunteers, managers, servants, successors, assigns, employees, consultants, subsidiaries and affiliates (individually and collectively the foregoing list are the “Trainer Representatives”) from any present or future causes of action, claims or demands of any kind, including (without limitation) claims for loss, damage, injury, costs, legal fees and related disbursements (individually and col- lectively, the foregoing is/are the “ Claim(s)”) including, but not limited to:

a. From Any Claim(s) Related to Negligence: related to the negligence of the Trainer or Trainer Representatives (the meaning of which includes failure to use such care as a reason- ably prudent and careful person would use under similar circumstances and failure to meet any safety standards of care); and

b. From Any Claim(s) Related to Failure to Protect: related to the failure of the Trainer or Trainer Representatives to take reasonable steps to safeguard or protect the Client from the risks, dangers and hazards articulated in the Assumption of Risk provision (above) or other- wise, that are in any way connected with the Client’s participation in the Activities.

1. Indemnification. The Client agrees to indemnify, defend and hold harmless the Trainer and the Trainer Representatives from all Claim(s) brought by any person against the Trainer and/or Trainer Representatives.

2. Promise Not to Sue. The Client covenants not to initiate or assist in the prosecution of any Claim, which may have occurred by the Client’s participation in the Activities.

3. No Partnership. Both the Trainer and the Client acknowledge and agree that no partnership relationship between the Trainer and the Client can be construed by this Agreement or by the per- formance of the Activities.

4. Enurement. This Waiver will enure to the benefit of the Trainer Representatives, and will enure to the benefit of and be binding upon the respective heirs, executors, administrators, successors and assigns, as the case may be, of the Client, and the Trainer.

5. Headings, Survival and Waiver. Clause headings in this Waiver are included herein for con- venience of reference only and shall not constitute a part of this Waiver for any other purpose. Notwithstanding the termination of this Waiver for any reason, the material provisions of this Waiver shall continue in full force and effect following such termination. Failure to exercise, or any delay in exercising, any right or remedy provided under this Waiver or by law shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy.

6. Governing Law. This Waiver will be construed in accordance with, and be governed by, the laws of Vermont. The Client hereby attorns to the exclusive jurisdiction of the courts of Vermont with respect to any matter arising under or related to this Waiver.

7. Severability. The Trainer and the Client acknowledge that this Waiver is reasonable, valid and enforceable. However, if any term, covenant, condition or provision of this Waiver is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties' intent that such provision be changed in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable; if not possible, the offending provision will be stricken, and the remainder of the provisions of this Waiver shall continue in full force and effect and in no way be affected, impaired or invalidated as a result.

8. Opportunity to Seek Independent Legal Advice. The Client has had sufficient time and opportunity to consult with independent legal counsel regarding this Waiver, and if the Client has opted not to obtain legal advice prior to executing this Waiver, the Client will not in any proceed-

ing relating to the enforcement of rights or obligations under the Waiver raise his or her failure to obtain legal advice as a defence or otherwise.

9. Acknowledgement that this Agreement has been read. The Client has read and fully under- stands the provisions of this Waiver. The Client confirms and agrees that the Client has executed this Waiver on the Client’s own volition and without any duress whatsoever from the Trainer.