Terms of service
Limitation of Liability
COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.
Indemnity
You will indemnify and hold Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.
Trademarks
Trademarks, service marks, and logos appearing in this site are the property of Company or the party that provided the trademarks, service marks, and logos to Company. Company and any party that provided trademarks, service marks, and logos to Company retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site.
Web Offer Terms:
Free Week workouts must be used within 30 days of opting in. Offer available to New Members Only. Offer limited to only one free week trial program per person. Offer only available to local residents. Cannot be combined with any other offer.
StrongHER: must be used within 28 days from first workout. Offer available to New Members Only. Offer limited to only one 28 Day trial program per person. Offer only available to local residents. Cannot be combined with any other offer.
Events outside of our control
We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under any contract with you that is caused by events outside of our reasonable control (a “Force Majeure Event”) including, without limitation, fire, flood, explosion, storm, earthquake, war, terrorism, sabotage, revolution, riot or civil commotion, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, strikes, lockouts, failure of supplies of public or private telecommunications networks, power or fuel or the default of suppliers or sub-contractors. Our performance under our contract with you is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Events to a close or to find a solution by which our obligations under such contract may be performed despite the Force Majeure Event.
Receiving Text Messages:
By opting to receive text messages from us, you consent to receiving text messages at the mobile phone number that you provide now or in the future. You also agree to the Terms and Conditions below:
SMS Text Messaging Terms & Conditions Please read these SMS/Text Messaging Terms & Conditions carefully. By completing the SMS/Text Messaging Opt-In Form, you expressly consent to receive non-marketing and marketing text messages from “Drench Fitness Training", including text messages made with an Auto dialer, at the mobile phone number(s) you provide. You may opt-out of these communications at any time by replying STOP to any text message from “Drench Fitness Training" or by otherwise contacting the “Drench Fitness Training" as indicated below. You can receive help at any time by replying HELP to any text message from the “Drench Fitness Training" or by otherwise contacting “Drench Fitness Training" as indicated below. Consent to receive non-marketing or marketing text messages is not required to purchase any products or services from the “Drench Fitness Training". Messaging and data rates may apply. By completing the SMS text Messaging Opt-In Form https://www.fitmetrix.io/MemberPortal/Login/3348cec2-2f1b-e911-a977-93f12cb7eb50?LocationID=5916, check the box next to "I want to receive text messages from Drench Fitness Training about programs and serices for which I may be eligible. Message and data rates may apply. ",
check the box next to "I agree to Drench Fitness Training terms and conditions.", and
select "Save Changes".
you also accept and agree to be bound by these SMS Text Messaging Terms & Conditions and any other applicable terms and agreements related to your use of “Drench Fitness Training" services.
Although we will not charge you to receive text message alerts, your mobile carrier may charge you to receive such messages. Check your mobile plan for more details.
You must be 13 years of age or older to participate in text message alerts.
Text messages are sent to U.S. phone numbers only.
If you participate in text message alerts, we may store the following information about you: your mobile phone number, your mobile carrier's name, and the date, time and content of messages that we sent to you or received from you as part of this service. We may use this information to contact you. If your mobile number changes, you will need to subscribe to SMS messages again.
We reserve the right to remove subscribers from our messaging database at our discretion.
How to Opt In for Text Message Alerts:
To receive text messages from us, log in to your Drench Fitness Training App., go to “Menu”, Select “Settings” toggle to “Notifications”, toggle “On” or “Off” to receive or click on Opt in Form: https://www.fitmetrix.io/MemberPortal/Login/3348cec2-2f1b-e911-a977-93f12cb7eb50?LocationID=5916 check the box next to "I want to receive text messages from Drench Fitness Training about services about programs, schedule changes and studio modifications.
How to Opt Out of Text Message Alerts:
To stop receiving text messages from Drench Fitness Trainingt, log in to your Drench Fitness Training app, go to “Menu”, Select “Settings” toggle to “Notifications”, toggle “Off” to opt out of services about programs, schedule changes and studio modifications or click on Opt in Form: https://www.fitmetrix.io/MemberPortal/Login/3348cec2-2f1b-e911-a977-93f12cb7eb50?LocationID=5916 check the box next to "I do not want to receive text messages from Drench Fitness Training about programs and services for which I may be eligible. Message and data rates may apply. ".
Mobile Carriers
Text message alerts are compatible with a variety of mobile carriers, including, but not limited to AT&T, Sprint/Boost/Virgin, T-Mobile/MetroPCS, Verizon Wireless, C Spire Wireless, Carolina West Wireless (CWW), CellCom USA, Google Voice, U.S. Cellular, ACS/Alaska, Advantage Cellular (DTC Wireless), Aio Wireless/Cricket, Appalachian Wireless, Atlantic Tele-Network International (ATN), Bandwidth, Bluegrass Cellular, Buffalo Wireless, CableVision, Cellular Network Partnership (PIONEER), Cellular One of East Central Illinois, Chariton Valley Cellular, Chat Mobility USA, ClearTalk (Flat Wireless), Copper Valley, Coral Wireless (Mobi PCS), Cross Telephone Company (MBO Wireless), Duet IP (Maximum Communications New Core Wireless), Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI Communications Corp, Golden State Cellular, i Wireless (IOWA Wireless), Illinois Valley Cellular (IV Cellular), Immix (Keystone Wireless), Inland Cellular Telephone Company, Leaco, Mosaic (Consolidated or CTC Telecom), MTA Communications, MTPCS (Cellular One Nation), Nex-Tech Wireless, Northwest Missouri Cellular Limited, Panhandle Telecommunications Systems (PTCI), Peoples Wireless, Pine Belt Wireless, Pine Cellular, Revol Wireless USA, RINA, Sagebrush Cellular (Nemont), SI Wireless/Mobile Nation, SouthernLinc, SRT Wireless, Texas RSA 3 Ltd (Plateau Wireless), Thumb Cellular, Union Telephone Company (Union Wireless), United Wireless, Viaero Wireless, West Central Wireless (5 Star Wireless).
Drench Fitness Training will not be liable for any delays in the receipt of any SMS messages or undelivered messages. T-Mobile also will not be liable for delayed or undelivered messages.
Changes to this SMS/Text Messaging Terms & Conditions “Drench Fitness Training” may revise, modify, or amend these Town & Country Insurance SMS/Text Messaging Terms & Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to “Drench Fitness Training” website. You agree to review these AGENCY SMS/Text Messaging Terms & Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive “Drench Fitness Training” text messages will indicate your acceptance of those changes. Amendment; Termination of Text Messaging “Drench Fitness Training” may suspend or terminate your receipt of “Drench Fitness Training” text messages if“Drench Fitness Training” believes you are in breach of these “Drench Fitness Training” SMS/Text Messaging Terms & Conditions. Your receipt of “Drench Fitness Training” text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. “Drench Fitness Training” reserves the right to modify or discontinue, temporarily or permanently, all or any part of “Drench Fitness Training” text messages and the “Drench Fitness Training” , for any reason, with or without notice to you.
Release: No Warranties; Limitation of Liability By participating in the “Drench Fitness Training” Program, you agree to release and hold harmless “Drench Fitness Training” and its representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, attorneys' fees, cost or expense whatsoever including without limitation, property damage, personal injury and death that may occur in connection with the “Drench Fitness Training” , or your use thereof, and for any claims, matters, or disputes based on violation of law or infringement or violation of any rights of any person or entity, including, without limitation, violation of publicity rights, defamation, or invasion of privacy.
THE “Drench Fitness Training” PROGRAM IS PROVIDED AS IS, WHERE IS AND WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, WRITTEN, ORAL OR ARISING UNDER CUSTOM OR TRADE. AGENCY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES AND NON-INFRINGEMENT. In no event shall AGENCY be liable to you, or to any third party, for any losses or damages whatsoever arising out of or resulting from the “Drench Fitness Training” Program, or your use thereof, regardless of the theory of recovery, including, without limitation, direct, indirect, consequential, incidental or special damages, lost profits, punitive damages, attorney's fees or any damages arising out of or resulting from a statutory or 4 regulatory violation, negligence, gross negligence, strict liability, tortious conduct, willful misconduct or fraud, breach of contract, or breach of warranty. To the extent this damage waiver is contrary to applicable law, your or any third party's maximum recovery for any losses or damages whatsoever arising out of or resulting from the “Drench Fitness Training” Program, or your use thereof, regardless of the theory of recovery, is $10.00. Arbitration/Class Action Waiver ALL DISPUTES, MATTERS, OR CLAIMS BETWEEN YOU AND “Drench Fitness Training” ARISING OUT OF OR RELATING IN ANY WAY TO THESE SMS/TEXT MESSAGING TERMS & CONDITIONS, ANY TEXT MESSAGES BETWEEN YOU AND AGENCY OR ANYONE ACTING ON YOUR OR AGENCY'S BEHALF, OR THE AGENCY PROGRAM, REGARDLESS OF THE THEORY OF LIABILITY OR RECOVERY, MUST BE RESOLVED SOLELY BY ARBITRATION CONDUCTED EXPEDITIOUSLY IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION CONSUMER ARBITRATION RULES ("AAA RULES") BY A SOLE ARBITRATOR SELECTED BY THE PARTIES TO THE DISPUTE FROM THE NATIONAL OR STATE OF CALIFORNIA PANEL OF ARBITRATORS. ALL DISPUTES, MATTERS, OR CLAIMS BETWEEN YOU AND “Drench Fitness Training” INCLUDES, WITHOUT LIMITATION, ANY ACTUAL OR ALLEGED STATUTORY OR REGULATORY VIOLATION, EQUITABLE CLAIM, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, TORTIOUS CONDUCT, WILLFUL MISCONDUCT OR FRAUD, BREACH OF CONTRACT, BREACH OF WARRANTY, AS WELL AS ALL DISPUTES, MATTERS, OR CLAIMS ARISING OUT OF OR RELATING IN ANY WAY TO THE ARBITRATION/CLASS ACTION WAIVER PROVISION OR THE RELEASE: NO WARRANTIES; LIMITATION OF LIABILITY PROVISION. This agreement to arbitrate is intended to be broadly interpreted, and expressly includes disputes, matters, or claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. THIS PROVISION MUST CONSTRUED IN ACCORDANCE WITH, AND THE ARBITRATION MUST BE GOVERNED BY, THE FEDERAL ARBITRATION ACT (9 U.S.C. § One et seq.). ANY JUDGMENT UPON THE DECISION RENDERED BY THE ANY COURT HAVING JURISDICTION MAY ENTER ARBITRATOR. UNLESS OTHERWISE REQUIRED BY LAW, THE ARBITRATOR IS PROHIBITED FROM AWARDING DAMAGES IN EXCESS OF THE LIMITATIONS SET FORTH IN THESE SMS/TEXT MESSAGING TERMS & CONDITIONS. EITHER PARTY TO THIS AGREEMENT MAY COMMENCE ARBITRATION PROCEEDINGS BY DELIVERING TO THE OTHER PARTY A WRITTEN NOTICE IN ACCORDANCE WITH THE AAA RULES. ANY ARBITRATION HEARING SHALL BE HELD IN THE STATE OF IOWA, UNLESS THE PARTIES TO THE DISPUTE AGREE OTHERWISE. ANY JUDGMENT RENDERED BY ARBITRATION SHALL BE FINAL AND BINDING ON THE PARTIES, AND MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. NOTWITHSTANDING ANY AAA RULES TO THE CONTRARY, THE AWARD OF THE ARBITRATOR MUST BE MADE NO LATER THAN THREE (3) MONTHS FOLLOWING THE DATE ON WHICH THE ARBITRATOR IS APPOINTED, UNLESS THE ISSUE IS THE SUBJECT OF LITIGATION BROUGHT BY A THIRD PARTY AND THE ARBITRATOR DEEMS IT APPROPRIATE TO DEFER ITS AWARD UNTIL THE LITIGATION IS RESOLVED.
MISCELLANEOUS
These Terms of Use will be governed and interpreted pursuant to the laws of California, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in California in connection with any dispute between you and Company arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in San Bernardino, CA. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. Company may revise these Terms of Use at any time by updating this posting.