TERMS & POLICY AGREEMENT

CLASS CANCELLATION AND BOOKING POLICY

RESERVING CLASSES:

Clients are solely responsible for the booking and canceling of their classes. Clients may reserve class spots online through the Image 180 Fitness application linked to the Mind-Body app.

CHECK-IN POLICY:

Clients are required to enter their scheduled class at start time. If a client does not enter their class on time, it is considered a no-show, and Image 180 Fitness reserves the right to assign the spot to another person on the waitlist, as well as charge a no-show fee (detailed below). If a class is full, we reserve 4-5 spots in all classes for walk-ins the day of (excluding fitness events). Image 180Fitness may either close or operate at reduced hours on holidays. Business hours, policies, and regulations are subject to change without notice

Be ON-TIME for all classes

Doors lock 3 minutes before class starts, and NO late entry will be permitted. 

EXERCISE ATTIRE:

Proper attire is required for participants using the Image 180 Fitness facility. Shirts, shoes, and clean, un-torn clothing are mandatory. No bathing suits or briefs without tights or leg coverings are allowed. Proper footwear must be worn as follows: 

  • Aerobics:  Aerobics, Cross Trainers or Motion Control shoes only.
  • Weight Training and General Exercise:  No open-toed shoes, thongs, sandals, street shoes, bare feet, or slipper-type shoes allowed. 
  • Clean Shoes must be shown at the front desk and worn each time you enter the studio to work out.

CANCELLATIONS:

Reservations may be cancelled without penalty by canceling up to 8 hours before the class start time. This may be done via Mindbody application.

Cancellations via electronic mail (email), Facebook messenger, Instagram, or other social media, voice messages, text messages, are not valid, and the member will be charged.

CLASS PACKS:

If you do not cancel within the 8-hour window, a late-cancel fee of $15 will be charged to your account, and the class will be returned. If you do not have a working card on file, your class will be forfeited instead. If you do not cancel and do not show up to your scheduled class, a no-show fee of $20 will be charged to your account, and the class will be returned. If you do not have a working card on file, your class will be forfeited instead. Class Packs are good for 60 days.

MONTHLY UNLIMITED MEMBERSHIPS:

If you do not cancel within the 8-hour required window, a LATE FEE of $15 will be charged to your account. If you do not cancel and do not show up to your scheduled class, a NO SHOW fee of $20 will be charged to your account. If you are on an auto-debit agreement or unlimited package and do not have a working card on file for such fees, your package will be reduced by one day. 

The no-show and late-cancel fees apply to ALL clients equally regardless of unlimited status or special package pricing or membership level.

After four no-shows/late cancel classes, we hold the right to cancel your pre-registered classes for the remainder of the month.

Once auto-pay drafts you have 30-days of open enrollment in classes, if you try to register for classes on day 31 and beyond, the system will prompt you to pay.

If you book multiple classes or waitlist classes, you are solely responsible for canceling your classes within the bounds of the cancellation policy outlined above. Image180 Fitness staff cannot be held accountable for accidental bookings by clients, double bookings, or double waitlisted classes made by members. Late-cancel and no-show fees apply if you do not cancel within the bounds of the cancellation policy for double bookings.

WAITLIST:

In the event, a scheduled class is booked to capacity, you may place yourself on the waitlist for the class. If you add yourself to a waitlist, YOU are solely responsible for managing your bookings and for canceling your classes within the bounds of the cancellation policy. The system will auto-populate clients into class from the waitlist as soon as other clients with confirmed spots cancel, and class slots will be assigned as such. Image 180 Fitness staff cannot move class slots for clients in classes that are full with waitlists.

MEMBERSHIP AGREEMENT

This Membership Agreement (“Agreement” or “Membership Agreement”) is entered into between Body Image Fitness Inc., dba Image 180 Fitness, located at 456 East Cherry Street, Columbus, Ohio 43215 (“Image 180 Fitness”), and you the member. Image 180 Fitness is a boutique fitness studio offering group fitness classes. This Agreement entitles members to access to participate in these classes and to enjoy other amenities offered, including but not limited to Wi-Fi, blog, and changing rooms unless noted otherwise.

Please review this Agreement thoroughly as it is a legal contract between Image 180 Fitness and all members. By using the services offered at Image 180 Fitness, members are agreeing to the terms of this Agreement.

PAYMENT SUMMARY:

Monthly memberships are paid in advance monthly, on a month-by-month basis, via automatic debited payment (credit card, debit card, or automatic checking account draft) on the calendar date which the membership became activated, for the following month. Class packages are billed in-full at the time of purchase. Regular monthly dues apply after that.; additional terms regarding automatic debited payments are outlined below.

No cash or personal checks accepted for any memberships, products, or services, only credit cards on file (Excluding personal & group training).

All memberships agreements must be secured with a Visa, Master Card, or Discover on file.

Drafted payment dates may be changed within 7 days of the original payment date.

No refunds, exchanges, transfers or substitutions on any service for ANY reason no matter how many times you attend, if attending at all. Image 180 Fitness holds the right to change pricing at any time on all services.

In the event of a declined credit card/debit card, the member’s account will be immediately suspended, pending the member updating their payment information and their membership dues paid in full.

FREEZE POLICY:

Members with an unlimited monthly membership contract may place their membership on hold for a maximum of 2 calendar months within a one-year memberships. A fee of $35 will be charged per freeze request. Notice of intent to freeze one’s account must be submitted to Image 180 Fitness via email at info@image180fitness.com no less than seven (7) business days before the freeze date. The freeze request must state both the freeze start date and reactivation date. Members who provide insufficient notice cannot be guaranteed a timely stop on billing. Members will not be billed for memberships during the freeze months. Billing will resume automatically upon the end of freeze months.

If you need to suspend your agreement for longer than 2-months, Members can drop the current rate to 50% to freeze their account and maintain their current rate for 2-months maximum.

PACKAGE PURCHASES and AUTO DEBIT

PACKAGE PURCHASES:

By purchasing a package from Image 180 Fitness, you agree to the Terms and Conditions in full (see below). Packages cannot be shared between members. Unlimited and auto-debit contract members are required to keep a current credit card on file.

Specialty priced expiring packages may not be extended, transferred, refunded, shared, or frozen.

AUTO-DEBIT:

By enrolling in an auto-debit contract, you authorize Image 180 Fitness to, on a recurring basis, automatically charge the debit or credit card account you specified, for the monthly payments on your unlimited auto-debit plan associated with your account, on the billing due date. You understand and acknowledge that (1) Image 180 Fitness will initiate transfers/charges according to this authorization not to exceed the amount shown on your Membership Agreement or in connection with cancellation fees per the cancellation policy. Image 180 Fitness may discontinue processing of recurring charges if it is unable to secure funds from your debit/card due to, but not limited to, insufficient or uncollected funds in the account or inadequate or inaccurate information provided; (2) the Image 180 Fitness booking system allows for booking through the week regardless of the billing date of your contract; (3) if you are booked in a class past the subsequent billing date, and your debit/credit card fails to bill properly, that you will be removed from any classes past the subsequent billing date and notified via electronic mail; (4) if you are removed from class due to the circumstances as described, it may not be possible to place you back into the class for which you were initially booked and that you will not be given any priority in waitlisted classes; (5) it is your responsibility to keep a current card on file with accurate billing information. Image 180 Fitness cannot be held responsible for errors in processing due to expired or inaccurate data.Be ON-TIME for all classes

Doors lock 3 minutes before class starts, and NO late entry will be permitted. 

CANCELLATION OF MEMBERSHIP AGREEMENT BY MEMBER

To cancel a 1-year membership or weight-loss challenge within the contract auto-pay commitment timeframe, there is a cancellation fee based on guidelines below (prices vary for challenges).  If, at the time of receipt of your cancellation notice, if you have outstanding payments owed to Image 180 Fitness, these payments must be made in full for the Membership Agreement to be considered canceled. If you fail to pay outstanding amounts owed, your membership will be considered suspended, the Membership Agreement will not be cancelled, and Image180 Fitness reserves the right to pursue additional avenues or means to receive monies owed.

  • 1-year agreements are cancellation: within months 1-7 $350 | between months 8-12 $250
  • 6-month agreement cancellation: within the 6-month term $350
  • Paid In Full cancellation: NO REFUND
You must give notice 15-calendar days in advance if you would like to cancel your membership by emailing info@image180fitness.com Cancellation of the membership will take place the day the cancellation fee is charged or at the time of the request, and you will no longer be able to take classes after that date. No pro-ration will be awarded if you choose to cancel, as you decide to cancel at any time.

You, the buyer, may choose to cancel this Agreement at any time prior to midnight of the fifth business day of the health studio after the date of this Agreement, excluding Sundays and holidays. To cancel this Agreement, mail, email, or deliver a signed and dated notice that states that you, the buyer, are canceling this Agreement, or words of similar effect. The notice shall be sent via first-class mail, via email from an email address on file with the health studio, or delivered in-person to Jacqueline Richardson at 456 Cherry Street, Columbus, Ohio OR info@image180fitness.com.

AGREEMENT TO PARTICIPATE and ASSUMPTION OF RISK

By signing up for or attending classes, events, activities, and other programs and using the premises, facilities, and equipment (individually or collectively, the “Classes” and “Facilities”) of Image180 Fitness and its subsidiaries, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and assigns, that there are certain inherent risks and dangers in indoor cycling and exercise equipment in association with the Classes and Facilities.

You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and 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, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff. If in the subjective opinion of the Image 180 Fitness staff, you would be at physical risk participating in Image 180 Fitness’s Classes, you understand and agree that you may be denied access to the Classes and Facilities until you furnish Image 180 Fitness with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing Image 180 Fitness’s concerns and stating that Image 180 Fitness’s concerns are unfounded.

In consideration of being allowed to participate in and access the Classes and Facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you concerning the Classes and Facilities, (2) release, indemnify, and hold harmless Image 180 Fitness, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives, and agents, and each of their respective successors and assigns and all others, from any 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 Classes or use of the Facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of Image 180 Fitness Classes and Facilities, (b) do not have a physical or mental health 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 of using Image 180 Fitness’s Classes and Facilities and should not be participating in any Classes.

BOUTIQUE POLICIES

CONDUCT/DAMAGES:

Image 180 Fitness is committed to the health, safety, and welfare of each of its members and will not tolerate unreasonably, threatening, obscene, harassing, indecent, or illegal behavior. Members who do not observe Image 180 Fitness rules and regulations or who abuse equipment in any fashion will be asked to leave. Image 180 Fitness has the right to judge behavior and respond accordingly. This right includes but is not limited to termination of membership without refund to any member engaging in unacceptable behavior. The member shall pay for any damages to Image 180 Fitness property which results from the willful or negligent conduct of any member, member’s guest, or member property. Not all rules and regulations are listed in this agreement. Image 180 Fitness reserves the right to add, change or remove rules, conditions of membership, opening and closing hours, and all services and facilities offered by Image 180 Fitness.  

COVENANT NOT TO COMPETE:

independent contractor, employee, or shareholder, without Image 180 Fitness, Inc. prior written consent, which may be withheld in its sole discretion. The provision of this Paragraph shall continue in full force, and effect Member understands and acknowledges that he/she will, as a result of his/her membership in Image 180 Fitness Inc., have significant contacts with other members, employees of Image 180 Fitness Inc., as well as other persons and entities which have been a contractual relationship with Image 180 Fitness, Inc., and shall become familiar with trade secrets, methods of doing business, and other confidential business and proprietary information of Image 180 Fitness, Inc. that does not qualify as a trade secret. Therefore, during the term of this Agreement and for a period of 3 years following the termination of this Agreement, Member will not, individually or in conjunction with others, directly or indirectly, engage, or assist in any manner others in engaging, in any part of any business which competes directly or indirectly with Image 180 Fitness, Inc. whether as an officer, director, proprietor, employer, partner, even after the termination of Member’s membership in Image 180 Fitness, Inc.

PHOTO/VIDEO RELEASE:

You at this moment grant Image 180 Fitness, its representatives, employees, or agents the right to take photographs and video footage of you and your property while at Image 180 Fitness and to use and publish these photos or videos in print and electronically. You agree that Image 180 Fitness may use photographs or video footage of you with or without your name for any lawful purpose, including for such purposes as publicity, illustration, advertising, and web content. 

WEBSITE

Welcome to the Image 180 Fitness https://image180fitness.com/ (“Website”) which is owned by Image 180 Fitness, INC. (“Image180Fitness or Company”). This site is operated by 180IF, and 180IF primarily owns the materials on the site. The site may also include materials owned by third parties and posted on this site by a license, grant, or some other form of agreement between the third party and 180IF. This site has been created for your personal enjoyment, entertainment and education. The following terms and conditions, our Privacy Policy, and other documents expressly incorporated by reference (collectively, these “Terms of Use”) govern your access to and use of the Website, including any content, functionality, and services offered on or through the Website, whether as a guest or a registered user.

Please read these Terms of Use carefully before accessing or using our website. All users are permitted to browse this site, but if you are under 13 years of age, you may not make a purchase, provide personal information, or register on our site. By accessing or using any part of the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not want to agree to these Terms of Use, then you may not access the website or use any services

We reserve the right to update and revise any part of these Terms of Use. All changes are effective immediately when we post them and apply to all access and use of the Website. If such changes are material, we will notify you by posting notice of the revisions on the Website and, in our sole discretion, by email. It is your responsibility to check this page periodically for changes as they are binding on you. Your continued use of or access to the website following the posting of any revised Terms of Use constitutes acceptance and agreement to the changes.

1. PRIVACY:

Protecting your private information is our priority. This Statement of Privacy applies to the https://image180fitness.com/ and 180IF. By using the website, you consent to the data practices described in this statement.

COLLECTION OF YOUR PERSONAL INFORMATION:

We may collect personally identifiable information, such as your name. If you purchase our products or services, we collect billing and credit card information. This information is used to complete the purchase transaction. We may also collect anonymous demographic information, which is not unique to you, such as your age and gender. We may gather additional personal or non-personal information in the future. Information about your computer hardware and software may be automatically collected. This information can include your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the website. We encourage you to review the privacy statements of sites you choose to link to from here so that you can understand how those websites collect, use and share your information. We are not responsible for the privacy statements or other content on sites outside of our website.

USE OF YOUR PERSONAL INFORMATION:

We collect and use your personal information to operate its website(s) and deliver the services you have requested. We may also use your personally identifiable information to inform you of other products or services we offer. We may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be provided. We do not sell, rent or lease its customer lists to third parties.  We may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. We may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to us, and they are required to maintain the confidentiality of your data.  We will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to (a) conform to the edicts of the law or comply with legal process served on A or the site; (b) protect and defend the rights or property of A; and, (c) act under exigent circumstances to protect the personal safety of our users, or the public.

2. ACCESS TO WEBSITE AND SECURITY:

We reserve the right to withdraw or amend this Website or any service or material we provide on the Website, in our sole discretion without notice. Further, we are not liable if, for any reason, all or any part of the Website is unavailable at any time or period. In accessing the Website, you may be asked for certain personal information for registration. It is a condition of your use of the Website that all the information you provide is correct, current, and complete. You agree that all information you provide to register with this Website is governed by our Privacy Policy, and you consent to all actions taken concerning your information. If you choose or are provided with a user, password, or any other piece of information as part of our security procedures, you must treat such information as confidential and notify us immediately if there has been unauthorized use of your password or account. We reserve the right to refuse service and terminate accounts without prior notice if these Terms of Use are violated.

3. ACCURACY OF INFORMATION:

We try to be as accurate as possible when describing our services on the Website, but do not warrant that the service descriptions, pricing, and availability, or other content available on the Website are accurate, complete, reliable, current, or error-free. The material on this site is provided for general information only, and any reliance on said material is at your own risk. We, therefore, reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice.

4. INTELLECTUAL PROPERTY:

This Website, the Company name, logos, service marks, and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement of), are owned by Image 180, its licensors, or other providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately. No right, title, or interest in or to the Website or any content is transferred to you, and all rights not expressly granted are reserved by Image 180.

5. PROHIBITED USER:

You understand and agree that you will not do or attempt to do or cause any third party to do or try to do any of the following in connection with your use of the Website:

  • Send, knowingly receive, upload, download, use, or re-use any material which does not comply with the Content Standards.
  • Transmit, procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” or “spam,” or any other solicitation.
  • Impersonate or attempt to impersonate the Company, its employees, or another user or entity.
  • Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
  • Use any robot, spider, or other automatic devices, process or means to access the Website for any purpose, including monitoring or copying any Website material; introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, server, or any server, computer, database connected to the Website.

6. USER CONTRIBUTION:

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, contest entries, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users (in the future, “post”) content or materials (collectively, “User Contributions”) on or through the Website. Any User Contribution to the Website is considered non-confidential and non-proprietary, and by providing User Contribution, you grant us and our affiliates, service providers, and respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material. You understand and acknowledge that you are responsible for any User Contributions you submit, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible or liable to any third party for the content of the accuracy of any User Contributions.

We reserve the right to remove any User Contribution for any or no reason; take any action for any User Contribution that we deem necessary in our sole discretion, including if we believe that the User Contribution violates the Terms of Use, Content Standards, infringes on any intellectual property right of any person/entity, or threatens the personal safety of users of the Website or the public; disclose your identity or other information about you to any third party who claims that material posted by you violates their rights; take appropriate legal action for any illegal or unauthorized use of the Website, and terminate or suspend your access for violation of the Terms of Use.

7. CONTENT STANDARDS:

These Content Standards apply to all User Contributions and the use of Interactive Services. User Contributions must not:

  • Contain material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property rights.
  • Violate the legal rights (including rights of publicity and privacy) of others or contain any material that could give rise to civil or criminal liability under applicable laws and regulations or that otherwise may be in conflict with the Terms of Use and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote illegal activity, advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety to another person.
  • Impersonate any person or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales.

8. COPYRIGHT INFRINGEMENT:

We respect the intellectual property of others. If you believe that a User Contribution copied content in a way that constitutes copyright infringement, please email us at info@image180fitness.com, to notify us of a claimed infringement.

9. THIRD-PARTY WEBSITES AND LINKS:

We are not responsible for the content of any third-party sites, even if they are linked to or from our Website. Links appearing on the Site are for convenience only and are not an endorsement by us, our parents, our subsidiaries, affiliates, or partners of the referenced content, product, service, or supplier. This includes links contained in advertisements, banner advertisements and sponsored links. Your use and access to these third-party websites are at your own risk, as we have no control over the content of those sites or resources. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of the third-party websites or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such websites, including without limitation, their privacy policies and terms of use. You should carefully review the privacy policies and terms and conditions of the third-party websites you visit. We may disable any or all social media features and any links at any time and without notice at our discretion.

10. DISCLAIMER OF WARRANTIES:

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION CONCERNING THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE PREVIOUS, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY AS A RESULT OF THIS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE PREVIOUS DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

11. LIMITATION OF LIABILITY:

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

12. INDEMNIFICATION:

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

13. CONSENT TO RECEIVE NOTICES ELECTRONICALLY BY POSTING ON THE SITE AND VIA EMAIL:

You consent to receive any agreements, notices, disclosures, and other communications (collectively, “Notices”) to which these Terms of Use refer from us electronically, including without limitation by e-mail or by posting notices on this Website. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing.

14. Governing Law and Jurisdiction:

All matters relating to the Website and these Terms of Use and any dispute or claim arising from there or related to it shall be governed by and construed following the internal laws of the State of Illinois, without giving effect to any choice or conflict of law provision or rule.

14. LIMITATION ON TIME TO FILE CLAIM:

Any cause of action or claim you may have to arise out of or relating to these Terms of Use or the Website must be commenced within one (1) year after the cause of action accrues. Otherwise, such a cause of action or claim is permanently barred.

15. WAIVER AND SEVERABILITY:

No waiver of by the Company of any term or condition outlined in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

16. ENTIRE AGREEMENT:

The Term of Use, our Privacy Policy, and other relevant, incorporated documents or policies constitute the sole and entire agreement between you and Image180 for the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

17. COMMENTS AND CONCERNS:

All feedback, comments, questions, requests for technical support, and other communications regarding the Website should be directed to info@image180fitness.com

456 East Cherry Street Columbus, OH 43215 

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