Terms & Conditions Contract

This Agreement (“Agreement”) concerns all virtual workouts and related services hosted or presented by ENDORPHIN METHOD on its website (endorphinmethod.com) or on any third party platform such as Facebook or Zoom, including but not limited to all classes, fitness routines, fitness services, training, or any other form of exercise provided by ENDORPHIN METHOD (collectively “Workouts”).  

    The parties to this Agreement are ENDORPHIN METHOD, on the one hand (“Company”), and the person who seeks to access and participate in the Workouts and, by his/her signature below, agrees to the terms and conditions set out in this Agreement (“Client”). 

1. Eligibility.  The Workouts are offered only to individuals eighteen (18) years of age or older who are located in the United States of America and who have accepted this Agreement. By executing this Agreement, you represent and warrant to Company that you meet this eligibility requirement.  

2. Payment. In order to access and participate in the Workouts, Client agrees to pay in accordance with one of the following payment options: 

One week trial – $30.00   

Month to month – $65.00

6 month commitment – $55 per month 

12 month commitment – $50 per month  

All payments made regarding the Workouts and pursuant to this Agreement are final, irrevocable, and not subject to or eligible for refund or return.

3. Presentations. Client understands that the Workouts are configured for and offered solely through the internet, and will be offered on Monday through Friday of each week. The Workouts will generally be live presentations, with exceptions for emergencies, illness or vacations of the provider, or national holidays. In the event of such exceptions, Client will be notified of equivalent substitute resources which Client can access and utilize in lieu of a live presentation.

4. Your Devices. Client will be solely responsible for arranging Client’s access to each Workout through a computer, tablet, smart phone, and/or other electronic device (“Device”). Company does not guarantee that the Workouts, or any portions thereof, will function on or in connection with any particular Device, software, operating system, carrier, or network. Company is not responsible for, and you further accept full responsibility for, any and all fees, rates, charges, and taxes which may apply to Client’s use of any Device to access a Workout. 

5. Links to Other Sites and Resources. 

a. Use of Zoom Video Communications, Inc. (“Zoom”). By accessing, participating in and using the Workouts hosted on Zoom you are agreeing to accept the terms and conditions of Zoom. The Zoom terms and conditions can be found at https://www.zoom.us/terms. If you do not agree to the Zoom terms and conditions you may not access, participate in or use the Workouts hosted on Zoom or otherwise provided under this Agreement.  

b. Linked Technologies. The Workouts may contain links to third-party websites, networks, platforms, servers, and/or applications (“Linked Technologies”). The Workouts contain these links only as a convenience to Client. The Linked Technologies are not under the control of Company, nor does the Company otherwise endorse or have any affiliation or association with the Linked Technologies. The Company is not responsible for any information, content, services, programs, products, or other items which may be found on or excluded from the Linked Technologies. Company does not make, nor has Company made, any representations or warranties concerning any items which may be found on or excluded from the Linked Technologies. 

6. User Representations, Warranties, and Covenants. You represent, warrant, and covenant to Company that: (a) you are a natural person and of eighteen (18) years of age or older; (b) you have read and understand this Agreement in its entirety; (c) you voluntarily accept and agree to, and will fully comply with, the terms and conditions of this Agreement. 

7. Disclaimers and Limitations. Your access to or use of the Workouts in any way is done at your own risk. Company does not make, nor has Company made, any promises, representations or warranties of any kind or nature to you with respect to the Workouts, or the success, performance, outcome, functionality, reliability, or safety of the Workouts.

8. Disclaimer About System Problems. You understand and acknowledge that the Workouts may be subject to limitations, delays, and other problems inherent in the use of third-party communication networks, including but not limited to ZOOM. Accordingly, Company shall not be responsible for any  injuries, liabilities, damages, or other problems associated with the Workouts which result from any system delays, downtimes, interruptions, or other failures of or problems with the Workouts which are outside of Company’s control. 

9. Limitation of Liability. In no event shall Company be held liable to you or any third party for any damages caused by or arising from or in connection with: (a) your access, inability to access, use, or inability to use the Workouts; (b) the unauthorized access to or alteration of your information; (c) any hacking or other third-party conduct that may lead to a compromise of your personal information or damage to your Device(s); (d) any transmission, download, or infection of any device, system, program, or file, that may lead to a compromise of your personal information or damage to your Device(s); or (e) any acts, errors, or omissions of any or all third-party providers. If you are dissatisfied with the Workouts, then your sole and exclusive remedy against Company is to discontinue your access and use of the Workouts.

10. Waivers, Consents, and Certifications. You understand, acknowledge, and agree that, by accepting this Agreement, you hereby voluntarily give your full informed consent to use and participate in the Workouts, and accept any and all risks associated therewith (whether known or unknown now or in the future). You also understand, acknowledge, and agree that you have been warned that there are requirements and risks associated with the Workouts, including that the Workouts may involve physically demanding and/or strenuous activities and that you should periodically stop exercising and participating in the Workouts in order to take a break, drink water or other fluids, or otherwise slow down your level of activity. Accordingly, you further acknowledge and agree to waive any and all claims against Company which relate to any physical or emotional injury which may result from your use of or participation in the Workouts, including both live and recorded Workouts (including recordings of any sort on social media or the Company’s website (endorphinmethod.com)), as well as any workouts hosted by Company using Zoom. 

11. Term; Termination; Survival. This Agreement shall be and remain in effect for the period(s) determined by the payment option elected under paragraph 2, above, unless terminated by Company. Company may terminate this Agreement and/or your access and use of the Workouts for any or no reason, and without prior notice to you. If this Agreement is terminated for any reason, then all rights granted to you under this Agreement shall automatically revert back to Company, and the following shall survive in perpetuity: (a) all payments which accrued as of the date of termination; (b) all disclaimers, limitations of liability, and limitations of remedies; and (c) all representations, warranties, covenants, certifications, releases, indemnifications, and promises made by you under this Agreement.

12. This Agreement shall be governed by the laws of the State of Ohio and any action brought to enforce this Agreement or any of its provisions shall be prosecuted in the Courts of the State of Ohio, County of Montgomery. In the event such an action is filed, the prevailing party shall be entitled to recover its, his, or her attorneys’ fees in accordance with Ohio law.