Terms and Conditions
Content on the Website.
Account Security. You are responsible for maintaining the confidentiality of the username and password that you use to register for, purchase and/or use the Southern Fried Fitness Service. You agree to (a) immediately notify Southern Fried Fitness of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you logout from your account each time you exit your account and after training session. Southern Fried Fitness will not be liable for any loss or damage arising from your failure to comply with this provision. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Term and Termination. Southern Fried Fitness may, at its option, terminate your membership if (1) any payments are 30 days late, or repeatedly late, (2) the monthly EFT payments are interrupted or discontinued for any reason and you or your co-signer do not provide an acceptable alternative, (3) you violate any part of this agreement or (4) your conduct is improper or harmful to the best interest of Southern Fried Fitness or others. Termination is effective on the date Southern Fried Fitness mails a written notice to your last known address. You are liable for all financial obligations until that date and for the dues and fees of any remaining unused months. If you prepaid your dues and fees, Southern Fried Fitness will not refund unused portion.
Your Interactions with Other Members.
Interactions with Other users and Members. You are solely responsible for your interactions with other users of the Website (“Users”) or Members. Southern Fried Fitness makes no representations or warranties as to the conduct of Users or Members and shall not be in any way liable for any conduct of any User or Member. You agree to take reasonable precautions in all interactions with other Users and Members, particularly if you decide to meet offline or in person a User and/or a Member. You should not provide your financial information (for example, your credit card or bank account information) to other Users or Members.
Release. You hereby release Southern Fried Fitness, its affiliates, contractors, employees, agents or third party partners or suppliers from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your interaction with other Users or Members.
Promotions, discounts and bonus time. Southern Fried Fitness may periodically run promotions that may include bonus time on dues, discounted rates or other incentives to enroll in Southern Fried Fitness services. All incentive programs adhere to the Southern Fried Fitness terms and conditions. New enrollment incentives are for first time clients only. Current members may not be eligible for current discounts or promotions. Southern Fried Fitness may run promotions exclusively for current and active clients and the terms and conditions related to internal marketing vary depending on the promotion type and details of such programs may not be included here.
Cancellation and Refund.
By enrolling in any program and completing a purchase of any Southern Fried Fitness service you acknowledge and agree you have read and understands the Terms, Conditions, Procedures, Rules & Regulations of Southern Fried Fitness. You also acknowledge and agrees to the following cancelation and refund policy: (1) You, the buyer, may cancel this agreement at any time prior to the midnight of the fifth business day after the date of the signed Southern Fried Fitness agreement, excluding Sundays and holidays. (2) A refund or partial refund may be granted If you cancel this agreement within 5 days of signing. (3)You the buyer acknowledge that there are NO refunds on meal plans and the full published “STANDARD” retail price of a Southern Fried Fitness meal plan will be subtracted from your refund if a meal plan was delivered to you prior to cancellation. The published “STANDARD” meal plan retail price can be viewed here. (4) You also acknowledge that all Southern Fried Fitness subscription programs are a 60-day contract commitment and after the 5-day cancellation period, you will be responsible for the term of the agreement. (5) All Southern Fried Fitness programs may be canceled with written 10-day notice as indicated above. (6) If purchaser/member dies or becomes legally disabled during the term of this agreement, he/she and his/her estate shall be relieved of the obligation to pay any remaining balance. (7) There are NO refunds on any delivered meal plan and verification of sent plans will be validated by the outgoing mail system of Southern Fried Fitness. (8) You acknowledge that the scheduling of coaching session is your responsibility and these sessions do not carry over monthly or accumulate. Each Southern Fried Fitness program includes a set monthly series of coaching sessions and they expire at the end of each billing cycle and are non-refundable.
Membership. After selecting the subscription service program of choice, you register for an account on the Website and become a Member. This membership is a monthly recurring personal fitness training and coaching program delivered online. It begins on the date of enrollment and continues indefinitely unless canceled, by giving 10-days written notice by submitting notice to email@example.com and providing full payment of any unpaid dues or indebtedness. Members using the Southern Fried Fitness Service to receive training, instruction, and coaching provided by Southern Fried Fitness fitness professionals (as described below), are known as “Clients”. Once enrolled, Clients can use the mobile app and coaching services provided by Southern Fried Fitness.
Modification of Terms. Southern Fried Fitness reserves the right, in its sole discretion, to change, modify, add, or remove portions of this Agreement at any time and for any reason without notice to you and by simply updating this page. This Agreement was last updated and is effective as of the “Updated” date indicated below. You should visit this page from time to time to review the then-current Agreement because it is binding on you and your continued use of or access to the Website and use and/or purchase of Southern Fried Fitness Service after the posting of changes will be construed as your acceptance of the revised Agreement. For any material changes to this Agreement, such amended terms will automatically be effective 30 days after they are initially posted on the Website.
Individual Features and Southern Fried Fitness Services. When using the Website and/or the Southern Fried Fitness Service, you may be subject to any additional posted guidelines or rules applicable to specific services and features, which may be posted from time to time on the Website (the “Guidelines”). All such Guidelines are hereby incorporated by reference in this Agreement. To the extent that any terms of these terms & conditions conflict with any Guidelines, these terms & conditions shall prevail.
Eligibility. You must be at least eighteen (18) years of age or the age of majority in the place of your residence to register as a Member or use the Southern Fried Fitness Service. Membership in the Southern Fried Fitness Service is restricted to natural persons. Membership to the Southern Fried Fitness Service is void where prohibited. By using the Southern Fried Fitness Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and you agree to abide by this Agreement.
Proprietary Rights. Southern Fried Fitness, and its licensors, own and retain all proprietary rights in the Website and/or the Southern Fried Fitness Service. The Website and/or the Southern Fried Fitness Service contains content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services and other elements of the Southern Fried Fitness Service (the “Southern Fried Fitness Materials”) that are protected by copyright, trade dress, patent, and trademark laws, international conventions, and other relevant intellectual property and proprietary rights, and applicable laws. Except for that information which is in the public domain or for which you have been given express written permission, you may not copy, modify, publish, transmit, distribute, license, perform, display, or sell any Southern Fried Fitness Materials. Southern Fried Fitness Materials do not include User Content (as defined below) or other content submitted by Users. Southern Fried Fitness retains all rights not expressly granted in this Agreement. You shall not acquire any right, title or interest to the Website, the Southern Fried Fitness Service or Southern Fried Fitness Materials, except for the limited rights set forth in this Agreement.
Reliance on Content. Advice, opinions, statements, offers, or other information or content, including without limitation User Content (as defined below), made available through the Website and/or the Southern Fried Fitness Service, but not directly by Southern Fried Fitness, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Southern Fried Fitness does not: (i) guarantee the accuracy, integrity, quality, legality, safety, completeness, or usefulness of any information on the Website and/or the Southern Fried Fitness Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website and/or the Southern Fried Fitness Service. Under no circumstances will Southern Fried Fitness or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website and/or the Southern Fried Fitness Service or transmitted to or by any Users or Members.
Health Information. The information provided through the Website and/or the Southern Fried Fitness Service may contain general health information. THIS WEBSITE AND/OR Southern Fried Fitness SERVICE DOES NOT PROVIDE MEDICAL DIAGNOSIS FOR ANY INDIVIDUAL AND MUST NOT BE USED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR CARE. All specific medical questions you may have about your specific medical condition, treatment, care, or diagnosis must be presented to your health care professional. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING PROFESSIONAL ADVICE BECAUSE OF ANY INFORMATION CONTAINED IN OR RELATED TO THE WEBSITE AND/OR THE Southern Fried Fitness SERVICE. You represent that you are in good physical condition and may have no medical reason, impairment, or disability that vie might prevent you from using all Southern Fried Fitness programs or services. As such, you acknowledge that Southern Fried Fitness did not give you medical advice before you enrolled, and cannot give you any after you enroll, or discuss them with your doctor before participating in any programming.
Content Posted by You on the Website and/or the Southern Fried Fitness Service.
Accurate Content. You are solely responsible for the User Content (as defined below) that you publish or display (a “post”) on the Website and/or the Southern Fried Fitness Service or transmit to other Users and/or Members through any media form.
Moderating Content. You understand and agree that Southern Fried Fitness may, but has no obligation to, moderate, review and delete any content, comments, messages, photos or profiles (collectively, “User Content”), in each case in whole or in part, that in the sole judgment of Southern Fried Fitness, violates this Agreement, might be offensive or illegal, or that might violate the rights or safety of other Users or Members.
License to User Content. By posting User Content to any public area of the Website and/or the Southern Fried Fitness Service, you automatically grant, and you represent and warrant that you have the right to grant, to Southern Fried Fitness, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and User Content and to prepare derivative works of, or incorporate into other works, such information and User Content, and to grant and authorize sublicenses of the foregoing. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. You also hereby grant to each User and Member of the Website and/or the Southern Fried Fitness Service a non-exclusive license to access your User Content, in each case as permitted by the functionality of the Website and/or the Southern Fried Fitness Service and this Agreement. The above license granted by you shall survive any termination or expiration of this Agreement.
Representations and Warranties. In connection with the User Content, you affirm, represent, and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to post the User Content to the Website and/or the Southern Fried Fitness Service, to authorize Southern Fried Fitness to use the User Content in the manner contemplated by Southern Fried Fitness and this Agreement, and to grant the rights and licenses set forth above, (ii) the public posting and use of your User Content by Southern Fried Fitness and other Users and Members will not infringe or violate the rights of any third party or violate any applicable law or regulation.
Prohibited User Content. The following is a partial list of the kind of User Content that is illegal or prohibited on the Website and/or the Southern Fried Fitness Service. Southern Fried Fitness reserves the right to investigate and take appropriate legal action, in its sole discretion, against anyone who violates this provision, including without limitation, removing the offending communication from the Website and/or the Southern Fried Fitness Service and terminating the membership of such violators. It includes, but is not limited to, User Content that:
is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, profane, offensive, sexually oriented, racially offensive, defamatory or libelous;
promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other Users or Members; or
engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
Member Profile. All information you include in your member profile, including without limitation the information in your billing account, must be accurate, current and complete. If information provided to Southern Fried Fitness, subsequently becomes inaccurate, misleading or false, you will promptly notify Southern Fried Fitness of such change.
Prohibited Activities. Southern Fried Fitness reserves the right to investigate and terminate your membership if you have misused the Website and/or the Southern Fried Fitness Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Website and/or the Southern Fried Fitness Service:
You will not use the Website or the Southern Fried Fitness Service for any purpose that is unlawful or prohibited by this Agreement;
You will not impersonate any person or entity;
You will not “stalk” or otherwise harass any person;
You will not express or imply that any statements you make are endorsed by Southern Fried Fitness without our specific prior written consent;
You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Website and/or the Southern Fried Fitness Service or its contents;
You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
You will not remove any copyright, trademark or other proprietary rights notices contained on the Website and/or the Southern Fried Fitness Service;
You will not interfere with or disrupt the Website and/or the Southern Fried Fitness Service or the servers or networks connected to the Website and/or the Southern Fried Fitness Service;
You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
You will not Southern Fried Fitness headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Website and/or the Southern Fried Fitness Service;
You will not “frame” or “mirror” any part of the Website and/or the Southern Fried Fitness Service or the Website and/or the Southern Fried Fitness Service, without Southern Fried Fitness’s prior written authorization. You also shall not use meta tags or code or other devices containing any reference to Southern Fried Fitness, the Website or the Southern Fried Fitness Service in order to direct any person to any other website for any purpose;
You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or the Southern Fried Fitness Service or any software used on or for the Website or the Southern Fried Fitness Service or cause others to do so.
Modifications to the Website and/or the Southern Fried Fitness Service. Southern Fried Fitness reserves the right at any time to modify or discontinue, temporarily or permanently, the Website and/or the Southern Fried Fitness Service (or any part thereof) with or without notice. You agree that Southern Fried Fitness shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website and/or the Southern Fried Fitness Service.
Blocking of IP Addresses. To protect the integrity of the Website and/or the Southern Fried Fitness Service, Southern Fried Fitness reserves the right at any time in its sole discretion to block Users or Members from certain IP addresses from accessing the Website and/or the Southern Fried Fitness Service.
The Southern Fried Fitness logo and name is a Registered Trademark (87824785) and protected by law. Please submit usage requests to firstname.lastname@example.org.
Infringement Notice. It is Southern Fried Fitness’s policy to respond to clear notices of alleged copyright infringement. If you are a copyright owner or an agent thereof and you believe that any content hosted on the Website and/or the Southern Fried Fitness Service infringes your copyrights, please contact us at the address provided below.
Repeat Infringer. Please note that Southern Fried Fitness will promptly terminate without notice any User’s or Member’s access to the Website and the Southern Fried Fitness Service if that User or Member is determined by Southern Fried Fitness to be a “repeat infringer.” A “repeat infringer” is a User or Member who has been notified by Southern Fried Fitness of infringing activity violations more than twice and/or who has had their User Content or any other User-submitted content removed from the Website and/or the Southern Fried Fitness Service more than twice.
Results Not Guaranteed. Southern Fried Fitness DOES NOT GUARANTEE ANY RESULTS FROM USE OF THE WEBSITE AND/OR THE Southern Fried Fitness SERVICE. Southern Fried Fitness DOES NOT ENDORSE ANY FITNESS OR NUTRITION PROGRAM OFFERED THROUGH THE WEBSITE AND/OR THE Southern Fried Fitness SERVICE. ANY STATEMENTS, GUARANTEES, OR OTHER INFORMATION THAT MAY BE PROVIDED TO YOU BY FITNESS PROFESSIONALS OR OTHER USERS OF THE WEBSITE AND/OR THE Southern Fried Fitness SERVICE ARE SOLELY ATTRIBUTABLE TO THE FITNESS PROFESSIONAL OR USER. Southern Fried Fitness IS NOT LIABLE FOR ANY STATEMENTS OR GUARANTEES MADE BY FITNESS PROFESSIONALS OR OTHER USERS.
No Warranties; “As Is,” “As Available,” and “With All Faults”.TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Southern Fried Fitness, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITE AND/OR THE Southern Fried Fitness SERVICE IS AT YOUR SOLE RISK AND THAT ANY ADVICE THAT MAY BE POSTED ON THE WEBSITE AND/OR THE Southern Fried Fitness SERVICE IS FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND WILL NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. THE WEBSITE AND/OR THE Southern Fried Fitness SERVICE, USER CONTENT AND ANY THIRD-PARTY MEDIA, CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE AND/OR THE Southern Fried Fitness SERVICE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
Operation and Content. Southern Fried Fitness IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON OR IN CONNECTION WITH THE WEBSITE AND/OR THE Southern Fried Fitness SERVICE, WHETHER CAUSED BY USERS, MEMBERS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE WEBSITE AND/OR THE Southern Fried Fitness SERVICE. Southern Fried Fitness ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER OR MEMBER COMMUNICATIONS. Southern Fried Fitness IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS AND/OR MEMBERS OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE WEBSITE AND/OR THE Southern Fried Fitness SERVICE.
User and Member Conduct. Southern Fried Fitness IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR MEMBER. UNDER NO CIRCUMSTANCES WILL Southern Fried Fitness OR ANY OF ITS AFFILIATES, ADVERTISERS, PROMOTERS OR DISTRIBUTION PARTNERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE WEBSITE AND/OR THE Southern Fried Fitness SERVICE, ANY CONTENT POSTED ON THE WEBSITE AND/OR THE Southern Fried Fitness SERVICE OR TRANSMITTED TO USERS OR MEMBERS, OR ANY INTERACTIONS BETWEEN USERS OR MEMBERS, WHETHER ONLINE OR OFFLINE. Southern Fried Fitness IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANY EVENTS OR ACTIONS OCCURRING AT VENUES OR ANY INTERACTION BETWEEN A USER OR MEMBER AND ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION EMPLOYEES OF A VENUE OR OTHER PATRONS OF A VENUE.
Links and Third-Party Southern Fried Fitness Services. The Website and/or the Southern Fried Fitness Service may provide, or third parties may provide, links or functionality in the Website and/or the Southern Fried Fitness Service to other websites or third-party resources (“Third Party Southern Fried Fitness Services”). Because Southern Fried Fitness has no control over Third Party Southern Fried Fitness Services, you acknowledge and agree that Southern Fried Fitness is not responsible for the availability of the Third-Party Southern Fried Fitness Services, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from the Third Party Southern Fried Fitness Services. You further acknowledge and agree that Southern Fried Fitness shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through Third Party Southern Fried Fitness Services. ACCESS AND USE OF THIRD PARTY SERVICES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SERVICES OR AVAILABLE THROUGH THIRD PARTY SERVICES, IS SOLELY AT YOUR OWN RISK. When you leave the Website, these Terms and Conditions no longer govern. You should review applicable terms and conditions and policies, including the privacy and data gathering practices, of any Third-Party Southern Fried Fitness Services.
Release of Liability for Injury or Death; Limitation on Liability; Damages.
Release of Liability for Injury or Death. YOUR PARTICIPATION IN ONLINE TRAINING SESSIONS OR OTHER PROGRAMS THROUGH THE WEBSITE AND/OR IS AT YOUR OWN RISK. Exercise programs of any kind represent an inherent danger to participants. Southern Fried Fitness IS NOT LIABLE FOR ANY PERSONAL INJURY OR DEATH THAT RESULTS FROM USE OF THE WEBSITE AND/OR THE Southern Fried Fitness SERVICE INCLUDING PARTICIPATION IN ONLINE TRAINING SESSIONS. YOU RELEASE Southern Fried Fitness FROM ALL LIABILITY FOR INJURY OR DEATH THAT RESULTS FROM YOUR PARTICIPATION IN A TRAINING SESSION OR USE OF THE WEBSITE AND/OR THE Southern Fried Fitness SERVICE. Members should consult a physician before beginning use of the Southern Fried Fitness Service or any exercise program or training session. Not all exercise programs or training sessions are appropriate for all Members. PLEASE CHECK ALL EQUIPMENT AND THE AREA IN WHICH YOU ARE USING THE Southern Fried Fitness SERVICE FOR ANY DANGEROUS CONDITIONS. IN CASES WHERE APPLICABLE LAW DOES NOT ALLOW THE ABOVE RELEASE OF LIABILITY, Southern Fried Fitness’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAWS.
Limitation of Liability. Except in jurisdictions where such provisions are restricted, in no event, and under no legal theory, including without limitation negligence, will Southern Fried Fitness or its affiliates, contractors, employees, agents or third party partners or suppliers be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including without limitation lost profits, data or use or cost of cover, even if Southern Fried Fitness has been advised of the possibility of such damages. In cases where applicable law does not allow the above limitation of liability, Southern Fried Fitness’s liability will be limited to the extent permitted by applicable laws.
Nutrition and Fitness Disclaimer: The nutrition advice given by Southern Fried Fitness is based on the information you provided by completing and submitting this questionnaire. You understand it is your responsibility to provide complete and accurate information. You further understand and acknowledge Southern Fried Fitness provides general nutrition education and coaching and is not a medically supervised program or a licensed dietetics company. You understand any menu program created for you by Southern Fried Fitness is simply a recommendation and you are volunteering to participate or follow advice, meal plans or exercises suggestions. You understand that no service or program provided by Southern Fried Fitness is intended to cure, prevent, diagnose, alleviate or treat any medical conditions, disease, physical or mental. You understand that Southern Fried Fitness is in a licenses agreement with a third-party provider of nutrition and meal planning services and all meal plans are populated by that party for Southern Fried Fitness clients based on the data submitted by the client on this questionnaire.
Nutrition and/or Fitness Waiver and Covenant Not to Sue: You have volunteered to participate in a nutrition suggestion program under the guidance of Southern Fried Fitness which may include but may not be limited to nutrition planning and personalized coaching. In consideration of Southern Fried Fitness agreement to assist me, you do here and forever release and discharge and hereby hold harmless Southern Fried Fitness and their respective agents, heirs, assigns, contractors, and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected with your participation in any nutrition program including any injuries resulting there from. You acknowledge and agree that no warranties or representations have been made to me regarding the results you may or will achieve from this program. You understand that results are individual and may vary.
Nutrition Assumption of Risk: You recognize that specific foods may create allergic and possible fatal reactions, most specifically, products containing nuts. You have therefore specified any food allergies or sensitivities you are aware of. You are aware that specific foods may interact with certain medications. You have discussed such food reactions and the side effects of all your medications with your doctor or pharmacist and do not hold Southern Fried Fitness responsible for food and medication reactions. You also understand the food suggestion plan you receive will not take your medications into consideration. If you are on medications, you are responsible to consult with your doctor before starting a new diet plan. If you are pregnant or lactating, have high cholesterol, high blood pressure, high blood sugar, diabetes, renal disease, gastric by-pass surgery a family history of gout or any other medical condition that requires special dietary restrictions, you must receive permission from your physician before participating in the specific nutrition program designed for your use, or may be advised to seek help from another health professional.
Indemnity by You. You agree to indemnify and hold Southern Fried Fitness, its parent, subsidiaries, affiliates, officers, agents, licensors, and other partners and employees, harmless from any loss, liability, claim, damages, obligations, or demand, including attorney’s fees, made by any third party due to or arising out of (i) your use of the Website and/or the Southern Fried Fitness Service, (ii) your violation or breach of this Agreement, (iii) your User Content, or (iv) any breach of your representations and warranties set forth above. Southern Fried Fitness reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Southern Fried Fitness and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Southern Fried Fitness. Southern Fried Fitness will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Notice. Southern Fried Fitness may provide you with notices, by email or mobile app push notifications
No Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.
Jurisdiction and Choice of Law. This Website and the Southern Fried Fitness Service are controlled and operated by us and this Agreement, this Website, the Southern Fried Fitness Service and any use of the Website or the Southern Fried Fitness Service shall be governed by the laws of the state of California and the laws of the United States of America applicable therein without reference to principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in the State of North Carolina and irrevocably agree that all disputes shall be heard in such courts. You agree that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
Waiver. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Southern Fried Fitness to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
Entire Agreement. This is the entire agreement between you and Southern Fried Fitness relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. The Agreement shall not be modified except in writing, signed by both parties, or by a change to the Agreement made by Southern Fried Fitness as set forth in Section 4 above.
Severability. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
Assignment. The Agreement and any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by Southern Fried Fitness without restriction. Any assignment attempted to be made in violation of this Agreement shall be void.
Headings. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and shall not be deemed to limit or affect any of the provisions hereof.
Claims. YOU AND Southern Fried Fitness AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE AND/OR THE Southern Fried Fitness SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.