B2C – END USER TERMS AND WAIVER

Download the original BDNFit® terms document

END USER TERMS AND WAIVER FOR BDNFit®

(The FIT Collective®)

By purchasing, accessing, activating, or participating in BDNFit® offered by The FIT Collective®, you (“Participant”) agree to be bound by these End User Terms and Waiver (“Terms”).

If you received access to BDNFit® through an Activation Code provided by a clinic, practice, employer, or other organization, these Terms form an agreement between you and The FIT Collective®. That organization may have its own terms with you, but it is not a party to this agreement.

Definitions

“BDNFit®” or the “Program” means the BDNFit® workout program offered by The FIT Collective®, including all workouts, videos, written materials, educational content, progressions, and related digital assets, in any format and as updated from time to time.

“Clinical Services” means any diagnosis, treatment, prescription, counseling, or other healthcare services furnished by a licensed healthcare professional.

“Payer” means any commercial health insurer, self-funded health plan, Medicare, Medicaid, or other third-party payor program.

“Practice” means any clinic, medical practice, employer, or other organization that may provide you with an Activation Code or otherwise help you access the Program.

“Activation Code” means a code or credential issued by The FIT Collective® or a Practice that, when redeemed, provides you with time-limited access to the Program.

Program and Access

BDNFit® is a video-based strength and fitness program delivered through digital platforms. It is designed as general fitness and wellness education for adults.

You may obtain access to the Program either by purchasing it directly from The FIT Collective® or by redeeming an Activation Code provided by a Practice. Unless otherwise stated at the time of purchase or activation, each purchase or Activation Code provides you with access to the Program for a period of twelve (12) months from the date of purchase or activation, whichever applies.

Access is personal to you. One purchase or Activation Code provides access for one Participant only.

The FIT Collective® may update, revise, add to, or retire Program content during your access period in its reasonable discretion.

Voluntary Participation; Electronic Acceptance

Your electronic acceptance of these Terms, including by checking a box or clicking an “I Agree” (or similar) button when these Terms are presented to you, constitutes your electronic signature and agreement to be bound by these Terms.

Participation in the Program is entirely voluntary. You may discontinue participation at any time.

You are not required to participate in the Program as a condition of receiving medical care from any healthcare provider, or as a condition of employment with any employer.

Non-Medical Service Disclaimer; No Medical Advice

The Program is general wellness and fitness education. It does not constitute medical, nutritional, psychological, neurological, or therapeutic advice, diagnosis, or treatment. Participation in the Program must not be used as a substitute for medically necessary treatment such as physical therapy, supervised rehabilitation, cardiac rehabilitation, or other prescribed clinical care.

The FIT Collective® is not a healthcare provider, does not establish a provider-patient relationship with you, and does not provide individualized medical advice or Clinical Services through the Program.

Any references in the Program to the relationship between physical activity and brain health, cognition, mood, or related topics are provided for general educational purposes only, reflect general scientific literature, and are not claims that the Program will diagnose, treat, cure, or prevent any disease or condition, or produce any particular cognitive, neurological, or mental-health outcome for you.

The Program is not an individualized or supervised exercise prescription and may not be appropriate for all individuals.

You agree to consult with your own physician or qualified healthcare provider before beginning the Program, particularly if you have any known or suspected medical condition, injury, or limitation, are pregnant or postpartum, or have been advised to limit physical activity.

Self-Pay; No Insurance Coverage

The Program is a self-pay wellness service. Fees paid for the Program are not covered by health insurance, Medicare, or Medicaid and are not reimbursable by any Payer.

You agree not to submit claims to any insurer, health plan, or governmental program seeking coverage or reimbursement for Program fees, and not to request that your provider submit such claims on your behalf.

Participation or non-participation in the Program will not affect your eligibility for, or the quality of, any insurance-covered medical care you may receive from your own healthcare providers.

Eligibility

The Program is intended for adults only. You represent and warrant that you are at least eighteen (18) years of age (or the age of majority in the jurisdiction where you reside, if higher) and have the legal capacity to enter into these Terms.

Individuals under eighteen (18) years of age may not purchase, access, or participate in the Program. If The FIT Collective® learns that a Participant is under eighteen, it may terminate that Participant’s access without refund.

Assumption of Risk

You acknowledge that participation in fitness and strength training activities involves inherent risks, including but not limited to muscle strains and sprains, joint or ligament injuries, falls or accidents, impacts with equipment or other objects, equipment-related injuries, overexertion, dehydration, cardiovascular strain, and, in rare cases, more serious events such as cardiac complications or other acute medical issues, as well as emotional or psychological effects.

You understand that these risks may be increased by factors such as improper form, unsupervised exercise, underlying or undisclosed health conditions, failure to follow instructions, and environmental factors (including inadequate space, unsafe surfaces, or inappropriate equipment).

You voluntarily assume all risks, known and unknown, associated with your participation in the Program.

Responsibility for Safety

You are solely responsible for:

Determining your own readiness for exercise and obtaining medical clearance where needed;

Monitoring your own safety, symptoms, and environment during participation;

Modifying or discontinuing exercises as needed based on your condition, and stopping immediately and seeking appropriate care if you experience chest pain, dizziness, shortness of breath beyond what is expected for the activity, or any other warning sign; and

Ensuring appropriate footwear, sufficient space, and safe, well-maintained equipment.

The FIT Collective® is not responsible for participant supervision, screening, or safety, and does not monitor individual participation.

Release of Liability

To the fullest extent permitted by law, you hereby waive, release, and discharge The FIT Collective®, Mind Body Marriage PC, and their respective owners, officers, directors, employees, contractors, and agents (the “Released Parties”) from any and all claims, demands, causes of action, or liability arising out of or related to:

Your participation in the Program;

Any injury, illness, or adverse outcome you may experience;

Negligence by any Released Party, including alleged negligent design, selection, or instruction of Program content or activities (excluding gross negligence or willful misconduct);

Misuse, misunderstanding, or misapplication of Program content; and

Actions or inactions of third parties, including healthcare providers, Practices, employers, coaches, or other participants.

This release applies to physical, emotional, and property-related claims, and is binding on you and your heirs, assigns, and representatives.

No Guarantee of Results

You understand that fitness and wellness outcomes vary by individual and depend on many factors, including consistency, nutrition, sleep, stress, genetics, and health status.

The FIT Collective® makes no guarantees regarding strength gains, body composition or weight changes, performance improvements, cognitive or brain-health changes, mood or mental-health changes, or any other specific outcome from participating in the Program.

Program participation is not a promise or warranty of results.

Fees; Refunds; Activation Codes

Fees for the Program are as displayed at the time of purchase or as communicated by the Practice that provides you with access.

Unless required by law or expressly stated otherwise at the time of purchase, all Program sales are final and non-refundable. Unused or expired Activation Codes have no cash or other financial value and cannot be refunded, reactivated, or credited.

If you receive access through an Activation Code from a Practice, your rights as a Participant are governed by these Terms and any additional terms presented to you at activation. Any separate financial arrangement you have with the Practice is between you and that Practice.

Access expires automatically at the end of the access period unless renewed. The FIT Collective® is not obligated to provide notice before expiration.

Intellectual Property; Limited License

The FIT Collective® owns all rights, title, and interest in and to the Program and associated content, including the BDNFit® name and mark, videos, workouts, programming and progressions, written materials, instructions, and digital assets.

Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Program for your personal, non-commercial use during the applicable access period.

You may not copy, record, screen-capture, reproduce, distribute, publicly display, modify, create derivative works from, or host Program content; use Program content to train, coach, or instruct others; or share your access credentials with others, without prior written permission from The FIT Collective®.

BDNFit® and The FIT Collective® are trademarks of The FIT Collective®. Nothing in these Terms grants you any right to use these marks.

Technology; Third-Party Systems

The Program may rely on third-party websites, applications, and technology platforms.

The FIT Collective® is not responsible for outages, data loss, technical failures, or security incidents attributable to third-party systems and does not guarantee uninterrupted access to the Program.

Limitation of Liability

The Program is provided “as is” and “as available.” To the maximum extent permitted by law, The FIT Collective® disclaims all warranties, express or implied, including any implied warranties of merchantability and fitness for a particular purpose.

To the maximum extent permitted by law, The FIT Collective®’s aggregate liability to you for all claims arising out of or relating to the Program or these Terms, whether in contract, tort (including negligence), or otherwise, will not exceed the total amount you paid directly to The FIT Collective® for Program access in the twelve (12) months preceding the event giving rise to the claim. If you did not pay The FIT Collective® directly (for example, your access was funded by a Practice), The FIT Collective®’s liability will be limited to one hundred U.S. dollars ($100).

In no event will The FIT Collective® be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, or business opportunity, even if advised of the possibility of such damages.

Some jurisdictions do not allow certain limitations on liability. If any limitation above is found unenforceable, liability will be limited to the smallest extent permitted by applicable law.

Indemnification

You agree to indemnify and hold harmless the Released Parties from any claims, damages, legal fees, or liabilities arising from:

Your participation in the Program;

Your violation of these Terms; or

Your misuse or misapplication of Program content.

Governing Law; Dispute Resolution

These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-laws rules.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Program will be resolved by binding arbitration administered by the American Arbitration Association (AAA) in Philadelphia, Pennsylvania, in accordance with the AAA’s applicable rules. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Survival; Entire Agreement; Modification; Contact

Survival. The provisions of these Terms that by their nature should survive expiration or termination will remain in full force and effect, including, without limitation, provisions relating to payment obligations, intellectual property, risk allocation, indemnification, disclaimers and limitations of liability, and governing law and dispute resolution.

These Terms constitute the entire agreement between you and The FIT Collective® with respect to the Program and supersede all prior agreements or representations on these subjects.

If any provision of these Terms is held to be invalid, illegal, or unenforceable in any respect, that provision will be enforced to the maximum extent permissible, and the remaining provisions will continue in full force and effect.

The FIT Collective® may update these Terms from time to time. Material changes will apply prospectively and will be communicated through reasonable means, such as updates on the Program platform. Continued access or participation after such notice constitutes acceptance of the updated Terms.

Questions about these Terms may be directed to:

Mazzy Orban, Program Director

Email: mazzy@thefitcollective.com