Terms of Service
Please read these Terms of Service (“Agreement”, “Terms of Service”) carefully before using www.workgrindfly.com (“the Site”) and all SERVICES performed and operated by WorkGrindFly™ and Lian Price, LLC. (these entities herein referred to as WorkGrindFly™.) This agreement sets forth the legally binding terms and conditions for your use of WorkGrindFly™’s SERVICES, (herein referred to simply as “SERVICES”) and your use of the Site at www.workgrindfly.com. By using this Site and any or all of WorkGrindFly™’s SERVICES, you agree to the following terms and conditions and will be referred to from herein as either “MEMBER” “you” or “your”.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement. These Terms of Service set forth the legally binding terms for your use of WorkGrindFly™’s SERVICES. You are only authorized to use the WorkGrindFly™’s SERVICES (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Service. Please read these Terms of Service carefully and save it. If you do not agree with it, you should leave the WorkGrindFly™ website and discontinue use of WorkGrindFly™’s SERVICES immediately. If you wish to become a MEMBER, you must read these Terms of Service and indicate your acceptance during the registration process.
In order to access some features of the website, you will have to create a WorkGrindFly™ account. You may never use another person's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account.
MEMBER hereby retains WorkGrindFly™ and its employees as an independent contractor, to design and demonstrate SERVICES for MEMBER, to enhance the health and fitness of MEMBER.
3. Due Diligence by Client
MEMBER agrees that he/she shall use his/her best efforts to comply with the programs and recommendations made by WorkGrindFly™ as part of the SERVICES. MEMBER expressly warrants and affirms to WorkGrindFly™ that he/she has obtained appropriate medical clearance to participate in the exercise training programs comprising the SERVICES.
3. Assumption of Risk/Waiver of Liability
By participating in SERVICES and/or using exercise equipment suggested by WorkGrindFly™ and its employees, MEMBER understands and acknowledges on behalf of yourself, your heirs, personal representatives and/or assigns, that participation in any exercise training program carries with it the inherent risk and danger of bodily injury and/or illness. MEMBER also acknowledges that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. MEMBER further acknowledges that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises or sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death. At all times MEMBER shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by instructors and staff. In consideration of being allowed to participate in and access WorkGrindFly™’s classes and SERVICES, MEMBER hereby (1) agrees to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the WorkGrindFly™classes and SERVICES, (2) release, indemnify, and hold harmless WorkGrindFly™, its employees, subsidiary affiliate entities, and each of their respective members, employees and representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the WorkGrindFly™ SERVICES, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of WorkGrindFly™ SERVICES, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in participating in WorkGrindFly™ SERVICES and should not be participating in any classes.MEMBER acknowledges that he/she has voluntarily chosen to participate in a program of intense physical exercise and agrees to forever release and hold WorkGrindFly™ and its employees harmless from and against any and all claims, whether for personal injuries, illness or otherwise, arising from the SERVICES, and that he/she shall not in any way seek to hold WorkGrindFly™ or it’s employees liable for any and all such claims.
4. Not a Substitute for Medical Treatment
MEMBER understands and acknowledges that the SERVICES are not in any way intended to function as a substitute for medical treatment and/or advice from MEMBER’s own physician.
5. Confidentiality and Non-Disclosure
MEMBER acknowledges and agrees that any and all information disclosed or provided by Lian Price to MEMBER in connection with the SERVICES is strictly confidential in nature, and constitutes proprietary work product owned by WorkGrindFly™. The SERVICES shall be utilized by MEMBER for the sole purpose of the weight management program and will not be disclosed, or permitted to be disclosed via the internet in any manner, INCLUDING FORUM JOURNALS, WEB BLOGS, VLOGS, YOUTUBE, VIMEO, PERSONAL WEBSITES OR COMMERCIAL WEBSITES, through literary publication, or otherwise, to any person or entity except as otherwise set forth herein. MEMBER acknowledges and agrees that he/she shall forever maintain as confidential, and that he/she shall not disclose to any third party (other than to a treating physician of MEMBER), any of the information, schedules, diets, recommendations and/or details concerning the SERVICES. MEMBER acknowledges and agrees that his/her duty of confidentiality and non-disclosure pursuant to this Agreement shall survive completion, cancellation, termination or cessation of the SERVICES. MEMBER acknowledges that he/she shall not knowingly or carelessly disclose, cause to be disclosed, or assist in disclosing or otherwise using or disseminating any information disclosed or provided by WorkGrindFly™ and its employees to MEMBER in connection with the SERVICES. MEMBER acknowledges and agrees to take reasonable measures to prevent unauthorized persons or entities from having access to, obtaining or being furnished with, the information and details comprising or related to the SERVICES.
It is agreed that WorkGrindFly™ and its employees keep any and all photos, written information and other private MEMBER information strictly confidential, unless otherwise specified by MEMBER.
6. Intellectual Property and Trademarks
The content on the WorkGrindFly™ Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to WorkGrindFly™, subject to copyright and other intellectual property rights under the law. Content on the website is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. WorkGrindFly™reserves all rights not expressly granted in and to the Site and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or SERVICES, provided by you to WorkGrindFly™ and its employees are non-confidential and shall become the sole property of WorkGrindFly™.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.
" WorkGrindFly™," "WorkGrindFly," “Lian Price, LLC.” and “WorkGrindFly™ Boot Camp," and other graphics, logos, word marks, and designs are trademarks of WorkGrindFly™ in the U.S. and/or other countries for which applications are pending. WorkGrindFly™ trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of WorkGrindFly™.
7. Immediate Right to Terminate Services
MEMBER acknowledges and agrees that WorkGrindFly™ shall be entitled to immediately cease and terminate the SERVICES, at any time, for any reason and without notice, which may result in the forfeiture and destruction of all information associated with you. In the event SERVICES are terminated without disclosure of confidential information by MEMBER, WorkGrindFly™ will refund any remaining balance for paid but unused SERVICES within (30) days of termination. In the event SERVICES are terminated following MEMBER’s disclosure of confidential information to any third party or entity any information or details comprising or concerning the SERVICES, WorkGrindFly™ shall be entitled to retain any and all remaining funds paid by MEMBER in consideration for the SERVICES, and WorkGrindFly™ shall also be entitled to seek appropriate legal recourse against MEMBER. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
8. Indemnity for Breach of Agreement
MEMBER agrees to indemnify and hold harmless WorkGrindFly™ and its employees for any and all losses, claims, damages, attorney’s fees, judgments or liability arising from MEMBER’s breach of this Agreement.
9. Binding Arbitration
MEMBER acknowledges and agrees that any controversy or claim arising out of or relating to this Agreement or the breach thereof shall be resolved by binding arbitration in the State of California, utilizing the substantive and procedural laws of the State of California, in accordance with the rules and procedures of the American Arbitration Association. The Parties shall be entitled to such discovery as shall be determined by the arbitrator(s). Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
10. No Unwritten Waiver Effective
No waiver of any breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the Party waiving the breach, failure, right or remedy. No waiver of any breach, failure, right or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
If a court or an arbitrator of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected, unless an essential purpose of this Agreement would be defeated by the loss of the illegal unenforceable or invalid provision.
12. Mobile Services
Certain WorkGrindFly™ SERVICES that may be available via mobile device, including but not limited to (i) the ability to purchase a membership via your mobile phone, (ii) the ability to receive and reply to WorkGrindFly™ messages, (iii) the ability to browse WorkGrindFly™ from your mobile phone and (iv) the ability to access certain WorkGrindFly™ features through a mobile application you have downloaded and installed on your mobile phone (collectively the "Mobile Services"). We do not charge for these Mobile Services. However, your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding WorkGrindFly™ and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
13. WorkGrindFly™ and Independent Contractor
With regard to performance of the SERVICES and all matters referenced in this Agreement, WorkGrindFly™ and its employees shall at all times be an independent contractor. Nothing in this Agreement, or any actions taken pursuant to this Agreement, shall be deemed to create any express or implied employment or agency relationship between MEMBER and WorkGrindFly™ and its employees. Neither party to this Agreement shall have the authority to legally bind the other, except as otherwise set forth herein.
14. Read and Understood
By checking the box below, MEMBER acknowledges and warrants that he/she has read and understood this entire Agreement, and that he/she agrees to be legally bound by the terms and conditions of this Agreement.
15. Cancellation and Refund Policy
MEMBER may cancel this Agreement at any time, but all payments MEMBER has made to or that have been processed by WorkGrindFly™ prior to its receipt of MEMBER’s written cancellation, either by email or mail, are non–transferable and non–refundable. No exceptions. WorkGrindFly™ will service the sessions for which MEMBER has paid on schedule in effect at the time of cancellation, and will discontinue any further monthly charges to MEMBER.
16. Session Redemption and Cancellation
MEMBER agrees to put forth his/her best effort to attend and receive benefit from monthly SERVICES provided by WorkGrindFly™ and its employees. MEMBER will not hold WorkGrindFly™ and its employees responsible for missed SERVICES. Subject to the Cancellation provision above, MEMBER will forfeit, and agree to pay for, any sessions MEMBER failed to attend before the next monthly membership fee is charged. WorkGrindFly™ reserves the right to reschedule MEMBER’s session(s) at any time and without notice.
17. Class Rules and Regulations
– MEMBER may not vary from instructed exercises.
– MEMBER agrees to warm up and stretch thoroughly prior to the start of each SERVICE class.
– All injuries must be reported before the start of each SERVICE class.
– WorkGrindFly™ cannot ensure MEMBER will always receive a spot in every SERVICE class.
18. Third Party Sites
Our Site and its related SERVICES may contain and links to third-party sites and use these sites that are not owned or controlled by WorkGrindFly™ or Lian Price, LLC.
19. Changes to This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.
We encourage you to review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
You acknowledge that WorkGrindFly™ charges a fee for its services, and WorkGrindFly™ reserves the right to change its fees from time to time in its discretion. If WorkGrindFly™ terminates your membership because you have breached these Terms of Service, you may not be entitled to a refund of any unused portion of membership or other fees.
When you sign up for Member Services, you will also be asked to choose a password. Additionally, when signing into WorkGrindFly™ class to receive SERVICES, you will be asked to input a password chosen by WorkGrindFly™, which is regularly updated. You are entirely responsible for maintaining the confidentiality of these passwords. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify WorkGrindFly™ immediately if you suspect any unauthorized use of your account or access to these passwords. You are solely responsible for any and all use of your account.
23. Entire Agreement; No Waiver
24. Renewable Agreement
This Agreement shall automatically renew upon the rendering of payment for additional SERVICES by client. In order for SERVICES to be provided to MEMBER on a continuous basis, payment for SERVICES must be renewed on a monthly basis. All payments will be processed on the first day of the next month SERVICES are being rendered. In the event of a late payment, WorkGrindFly™ cannot guarantee the provision of SERVICES for that month. All SERVICES provided by WorkGrindFly™ and its employees shall be subject to the terms and conditions of this Agreement.