TERMS & CONDITIONS
I. MEMBERSHIP AGREEMENT SERVICES
The service being requested is for Membership to the NCFIT Collective. The NCFIT Collective, provided by NC FIT GROUP, INC., offers daily programming and sessions plans to its Clients and the agreement is for these services over a specific period of time during which the Client is eligible to partake in any and all activities in accordance with their Membership package. The NCFIT Collective offers Month-to-Month Memberships to its Clients and all Memberships are non-transferable, non-assignable, and non-saleable. Any such attempted transfer, assignment, or sale is void and will not be honored.
II. MEMBERSHIP TERM
The term of the Agreement shall commence on the date of purchase and shall automatically renew every 30 calendar days thereafter, unless otherwise cancelled in accordance with the provisions of the Agreement.
No refunds shall be made for services purchased, except as specifically provided in the Agreement.
IV.PAYMENT & BILLING
Client’s monthly subscription must be paid in full per the guidelines of the agreement and is set to continuous auto-renewal each month based on the initial start date (“anchor day”) of the subscription. For example, if Client subscribed on the 2nd of the month, the Client’s subscription will renew and Client will always be billed on the 2nd. Further, if a Client subscribed on the 15th, the Client’s subscription will renew and Client will always be billed on the 15th. In the event that a month does not have the “anchor day”, the subscription will be billed on the last day of the month. For example, a subscription starting on January 31st will renew and Client will be billed on February 28TH (or February 29 in a leap year), then March 31ST , April 30th , and so on. Client may also incur an inflation fee increase of 3% annually on January 1st. This increase may be automatic and no advanced notice of such increase is required.
V. CLIENT'S RIGHT TO CANCEL
The Client may terminate their monthly subscription, without penalty or fee at any time through the Client’s dashboard or by requesting that NC FIT GROUP, INC. process the cancellation. Client acknowledges that cancellations not made effective on the Client’s billing date will not result in a prorated final invoice.
In the event that the Client desires NC FIT GROUP, INC. to process the cancellation on their behalf, NC FIT GROUP, INC. requires fifteen (15) days advance written notice of the Client’s billing date. Written notice stating that you, the Client, are cancelling this monthly subscription, must be sent to NC FIT GROUP, INC. via email (email@example.com) or by certified mail.
Vi. CLIENT'S RIGHT TO HOLD
Monthly Memberships are not subject to any hold options.
VII. INTELLECTUAL PROPERTY OWNERSHIP
NC FIT GROUP, INC. owns all information, data, programming, documents, including all intellectual property rights associated with the NCFIT Collective and associated Services.
NC FIT GROUP, INC. makes no warranties or representations whatsoever to Client or to any third party with respect to the programming, coaching, or Services and Client’s participation therein.
DISCLAIMER: NC FIT GROUP, INC. EXPRESSLY DISCLAIMS, ALL OTHER WARRANTIES, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE OR FITNESS FOR A PARTICULAR PURPOSE.
IX. LIMITATION OF LIABILITIES
NC FIT GROUP, INC. WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY THEREOF. NC FIT GROUP, INC.’S LIABILITY ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED THE AMOUNT PAID BY CLIENT TO NC FIT GROUP, INC. UNDER THIS AGREEMENT FOR THE PRIOR 12 MONTHS.
X. ADDITIONAL RULES AND REGULATIONS
The minimum age requirement for Membership is 18 years old and NC FIT GROUP, INC. reserves the right to refuse Membership to anyone. Clients agree to allow NC FIT GROUP, INC., its agents, officers, principals, employees and volunteers the use of any and all picture(s), film and/or likeness of Client for marketing, advertising, or teaching purposes. NC FIT GROUP, INC. reserves the right to make changes to the type or quantity of NCFIT Collective programs and services.
XI. USE OF NC FIT GROUP, INC LOGO, NAME AND TRADEMARK
For the sole purpose as detailed herein, NC FIT GROUP, INC. hereby grants to Client the revocable and limited right to use the “NCFIT COLLECTIVE” name, logo, and trademarks as provided by NC FIT GROUP, INC. (each a "NCFIT COLLECTIVE Mark" and collectively, the “NCFIT COLLECTIVE Marks”) solely in connection with the Services herein and for no other purpose. The “NCFIT COLLECTIVE” Marks shall at all times remain the sole and exclusive property of NC FIT GROUP, INC., and at no time shall Client use, or permit others to use, the “NCFIT COLLECTIVE” Marks without NC FIT GROUP, INC.’s express prior written consent, which may be either withheld, or granted and later revoked at NC FIT GROUPS, INC.’s sole and exclusive discretion. At no time shall Client use, or permit others to use, the “NCFIT” Mark without being in conjunction with “COLLECTIVE”, as in “NCFIT COLLECTIVE”. Further, Client shall not claim or make any representations, or permit any third party to claim or make any representations, that it is an “affiliate”, “franchise”, or “licensee” of NC FIT GROUP, INC. or any of its marks.
XII. CLIENT'S DEFAULT
Client shall be deemed in default of this Agreement upon the failure to comply with any of the terms and conditions of the Agreement, including, but not limited to, the obligation to make any payment as and when due. Upon default, NC FIT GROUP, INC. shall have all rights and remedies available, including termination of this Agreement and institution of an action for all applicable damages. If NC FIT GROUP, INC. delays or refrains from exercising any rights under this Agreement, NC FIT GROUP, INC. does not waive, nor will NC FIT GROUP, INC. lose those rights. If NC FIT GROUP, INC. accepts late or partial payments from the buyer, NC FIT GROUP, INC. does not waive the right to receive full and timely payments and other charges due under this Agreement.
XIII. SUCCESSORS AND ASSIGNEE(S)
Client agrees that all terms and conditions of this Agreement shall be binding upon the heirs, Personal Representatives, lawful successors, and assignee(s) of Client, and anyone claiming by or through Client.
The parties agree that if any provision or portion of this Agreement is declared void and unenforceable, such provision or portion of a provision shall be deemed severed from this Agreement, which shall otherwise remain in full force and effect. However, Client specifically agrees all the terms and conditions are to be enforced and Client specifically waives any statute or other right of any type, which would invalidate the enforceability of any provision or portion of a provision of this Agreement.
XV. GOVERNING LAW
This Agreement shall be governed and enforced in accordance with the laws of the State of California. In the event litigation is necessary to enforce any of the terms and conditions of this Agreement, NC FIT GROUP, INC. and Client agree that the venue for such action shall exclusively be Santa Clara County, California.
XVI. ATTORNEY FEES
In the event either party finds it necessary to commerce litigation or other court action to enforce the terms and conditions of this Agreement, the prevailing party in such litigation or court action shall be entitled to receive their actual attorney's fees incurred, together with court costs, and other charges from the other party as a part of any ruling or judgment.
XVII. CONTACT US
If you have any questions about these Terms you can reach us at firstname.lastname@example.org
EFFECTIVE DATE: 5/31/19