Terms of Use

*Please print these Terms of Use for your records*

MEMBERSHIP SITE TERMS OF USE

By checking the box next to this Terms of Use on the purchase page, and clicking the “Purchase” button, you, the purchaser of a subscription to the Membership Site entitled Bendable Body TV, (hereinafter “Client”) acknowledge the terms as outlined herein, and agree you are willingly purchasing entry into this Membership Site to be provided with services rendered by Bendable Body LLC, a Delaware Limited Liability Company (hereinafter “Company”). You agree you are voluntarily entering into a legally binding Agreement, including the automatic renewal terms, with Company, inclusive of the following terms and conditions mutually agreed upon:

For good and valuable consideration of Thirty-Six U.S. Dollars ($36.00) per month, or Three Hundred Sixty U.S. Dollars ($360.00) annually, Client has agreed to purchase a monthly subscription to Bendable Body TV (hereinafter “Membership Site”). In exchange, Company agrees to provide the services outlined in the Membership Site Outline below, and Membership Site Addendum attached hereto.

  1. Membership Site Outline:
      1. Client agrees and understands that he/she is purchasing a monthly subscription to Bendable Body TV, an online membership website providing video tutorials on the Bendable Body Method of stretching and other educational content to help subscribers understand the method, as well as stretching videos to subscribers.
      2. Client acknowledges that he/she has read the Membership Site Addendum and conducted any additional research necessary to feel he/she understands what is being provided in Membership Site as well as what is not included. Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found in this Agreement and on Company’s website. 
      3. Membership Site is not to be considered a substitute for medical wellness or treatment. Company is not able to provide any sort of medical diagnoses, treatments, medications, or other services that are completed by a medical professional. Membership Site is not designed to treat any mental, emotional, or other medical conditions. If you as the Client believe you may be in need of medical treatment or a diagnosis to relieve a current condition, Membership Site may not be right for you. By completing this Agreement, you confirm you are not looking for medical treatment, understand the difference between Companying and treatment, and do not expect Company to provide any services other than that outlined below in the Membership Site Outline Addendum.

      2. Confidentiality

      1. Client understands he or she is purchasing a monthly subscription to the Bendable Body TV Site with Company. Following Client’s access to Membership Site, Client will have gained access to various trade secrets and personal intellectual property of Company, including but not limited to materials such as verbal advice, mindset guidance, and/or other information that may have become available for use through Client’s participation in the Membership Site. Client understands and acknowledges that this information is not to be openly shared with others who have not participated in Company’s Membership Site.  Client agrees not to share, copy, or distribute any documents or other proprietary information obtained through Membership Site, and agrees that he or she will be in violation of these Terms of Use if he or she uses any of the Content outlined as his/her own material, or repurposes and uses the Content in his/her own Companying business without express written permission of Company. Client also understands and agrees he/she will not disclose or use any information provided to Client during Companying sessions, discussions, or otherwise.
      2. Should Client breach this provision and disclose confidential or proprietary information belonging to Company or another participating in the Membership Site, Client understands additional action may be taken by Company up to and including legal action.

    3. Testimonials

      1. Company may request Client provide a testimonial to be published on Company’s website, or on various sales materials for this or another Program created by Company. Client understands that he or she is not required to give any testimony, and understands that the choice to do so is freely up to Client. There will be no ramifications or change in relationship between Company and Client if Client refuses testimonial.
      2. If Client accepts and provides Company with a testimonial, Client understands the material, along with a photo of Client, will likely be published on Company’s website or otherwise. Should Client agree to provide a testimonial, Client will agree to review and sign an additional Release, confirming same, and confirming Company’s rights to use Client’s testimonial. No payment or additional services will be provided in return for Testimonial, and Client understands he or she is granting Company an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any information provided to Company as part of a Testimonial.

    4. Recurring Payment for Membership Site

      1. Client understands the cost of the Membership Site is Thirty-Six U.S. Dollars ($36.00) per month, or Three Hundred Sixty U.S. Dollars ($360.00) annually. If Client elects to pay monthly, each charge is withdrawn automatically, in accordance with the Auto-Renewal Terms outlined below in paragraph five (5). Client understands he/she is responsible for the full payment each month, and agrees to pay the sum requested electronically, via Company’s website or a designated third-party payment processor of Company’s choosing, in full.
      2. Should Client fail to make timely payments, or if additional payments are not able to be processed, Client understands his or her access to Membership Site may be forfeited if payment is not made within three (3) days of the date it is due.
      3. Company reserves the right to cancel Client’s access to Membership Site should he/she fail to make additional payments in accordance with the Auto-Renewal Terms as outlined below. Should this occur, Client understands she is not entitled to a refund of funds already issued to Company for access to Membership Site.

    5. Auto-Renewal Agreement

      1. FOR CLIENTS WHO ELECT TO PAY FOR SITE MONTHLY: Client understands and agrees that if he/she elects to pay for Site monthly, continued access to Membership Site requires recurring monthly payments of $36.00, that will be made by Client each month, on the same date of the month in which they joined (for example, if Client joins on the 14th of month one, they will be charged $36.00 on the 14th of month two, three and so forth). By purchasing access to Membership Site, and agreeing to these Terms of Use, Client understands he/she will be automatically charged each month, in the amount of $36 U.S. Dollars. Each month, Client will be sent an email to the email address provided upon initial purchase advising him or her of the pending automatic charge. Client will then automatically be charged via the same card or manner in which the initial payment was made, for the following month of membership to Membership Site. This process will repeat each month unless and until Client properly cancels his or her membership.
      2. FOR CLIENTS WHO ELECT TO PAY FOR SITE ANNUALLY: Client understands and agrees that if he/she elects to pay for Site annually, continued access to Membership Site requires recurring annual payments of $360.00 that will be made by Client each year, on the same date in which they joined. By purchasing access to Membership Site and agreeing to these Terms of use, Client understands he/she will be automatically charged each year, in the amount of $360.00. Prior to the charge completing, Client will receive an email sent to the email address provided upon initial purchase advising him or her of the pending automatic charge. Client will have the opportunity to cancel, and if he/she does not cancel, Client will then be automatically charged via the same card or manner in which the initial payment was made, for the following year of membership to Membership Site. This process will repeat each year unless and until Client properly cancels his/her membership.
      3. CANCELATION POLICY: If Client wishes to cancel his or her membership, Client must do so more than 24 hours before the charge is scheduled to withdraw. Any requests for cancelation made less than 24 hours before the automatic renewal is scheduled to charge Client’s card, or made subsequent to the charge, will take effect the following month.
        1. HOW TO CANCEL: Client may cancel anytime from his or her Membership Site dashboard, after logging in to his or her account. In the dashboard, Client may select “billing” then “change plan” and “cancel membership.” Please allow at least 24 hours for request to process.
          1. If Client is unable to cancel using this method, Client may send an e-mail to info@bendablebody.com with the subject line MEMBERSHIP CANCELATION, including the Client’s name, email address, and confirmation of request to terminate his or her membership. Client will be notified upon Company’s receipt of email, and his or her membership will subsequently be canceled prior to the following billing period, assuming it is more than 24 hours away.
        2. As outlined above, if Client cancels his or her membership less than 24 hours before the automatic renewal is scheduled to charge Client’s card, Client acknowledges and agrees he or she will be charged for the next month, and the cancelation will take effect following this. Should this occur, Client will have access to Membership Site for the month in which Client paid, with membership terminating at the end of the last paid month.
      4. IF Client purchased access to Membership Site during a period in which a free month(s), or trial period was granted, Client understands he or she will be automatically charged the full monthly amount of $36 following the end of the trial period. Client will not be given any additional notice regarding the end of the trial period, other than the email as outlined above, notifying Client that his or her card will be charged in the near future for the following month.
      5. By checking the box on the purchase page confirming your agreement to these Terms, you also confirm you are given your unequivocal, clear, affirmative consent to your agreement with these automatic renewal terms, the cancelation policy, and that you understand how to cancel before your card is charged for the following month.

    6. Refund Policy

      1. Company is not able to offer refunds once Client has purchased access to the Membership Site. If Client is dissatisfied with his or her membership, he or she may elect to Cancel via the CANCELATION POLICY outlined above in paragraph five (5) and will not be charged for subsequent months.
      2. Client further agrees and understands that changing his/her mind about the Membership Site, failing to follow through or understand the details of the Membership Site, not experiencing the results he/she expected or desired, or experiencing any other similar situations does not entitle her to a refund.

    7. Technology

      1. Company is not responsible for any specific technology you may need in order to adequately view and utilize Membership Site. Client’s inability to access Membership Site due to a technology issue on Client’s end does not qualify Client for a refund, nor does it alleviate Client of his or her responsibility to make monthly payments, unless or until Client’s membership is properly canceled in accordance with the cancelation policy in paragraph five (5).

    8. Medical Disclaimer – Not Medical or Professional Advice

      1. The purpose and goal of Membership Site is to provide Client with an online membership that provides access to video tutorials on the Bendable Body Method, Company’s signature method of stretching, and other educational content to help Client understand the method. Membership Site and content contained within the Membership Site is not to be considered medical advice, and nothing within the Membership Site is intended to provide or act as a substitute for mental health treatment.
      2. Client understands and agrees that Membership Site offers instructional services in the field of health, wellness, and/or fitness only. There are no treatment or medical-based elements to Membership Site, and it is not meant for those who are in need of (or think they may be in need of) medical services. Company is not attempting nor suggesting Client enroll in Membership Site in place of a personalized consultation with a medical professional in your geographical area.
      3. Company encourages Client to consult a physician if he/she suspects he/she may benefit from such services. We will assume that all individuals choosing to purchase Membership Site will have previously obtained clearance and permission from their applicable personal medical physician and has concluded that the Companying Membership Site offered is right for them. Nothing contained within Membership Site is intended to diagnose, cure, treat, or prevent any medical condition or disease, nor is it to be considered medical advice in any capacity.

    9. Voluntary Participation

      1. Client understands and agrees that he/she is voluntarily choosing to enroll in Membership Site and is solely responsible for any outcomes or results. While Company believes in her services and that Membership Site is able to help many people, Client acknowledges and agrees that Bendable Body LLC  is not responsible nor liable to Client should Client sustain any injuries, incur harm, or encounter any negative ramifications. Client agrees that he/she is fully responsible for his/her health and well-being, including participation in Membership Site and any results therein.

    10. Disclaimer /No Guarantees

      1. While many of Company’s past and current clients have experienced wonderful benefits from the content contained in Membership Site, Company cannot guarantee results from any of the content on Membership Site and cannot make any representations or guarantees regarding individual results. Client will hold Bendable Body LLC harmless if he or she does not experience the desired results.
      2. Client understands that all services provided by Bendable Body LLC in connection with the Membership Site being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase access to Membership Site and work with Company on a purely voluntary basis and does not hold Company or Membership Site responsible should Client become dissatisfied with any portion of the Membership Site.
      3. Client agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion of the Membership Site, as long as Company delivers the Membership Site as described in the Addendum below.
      4. Client also understands Company is not a doctor, nurse, lawyer, financial adviser, psychic, licensed therapist, or otherwise, and agrees to hold Bendable Body LLC harmless should any physical, emotional, or financial injury occur as a direct or indirect result of the Membership Site. The content provided by Company on his/her website and within the Membership Site is comprised of information that has worked for Company and other clients, and may or may not be useful to Client in his/her personal business or life. Client understands Company cannot guarantee results from this Membership Site, and has no expectation of a specific result that he or she holds Company responsible for.
      5. Client also understands he or she is purchasing the Membership Site and participating freely and voluntarily. The information contained within the Membership Site may not be suitable for all persons and all fitness levels, and Client understands he or she is required to modify accordingly, based upon his or her fitness levels, and instructions by physician.

    11. Waiver/Assumption of the Risk

      1. Client understands he/she is entering into a Membership Site for the purpose of achieving a desired health and/or fitness goal through Company’s Membership Site. Client confirms he/she is entering into this Membership Site voluntarily and of his/her own free will.
      2. Client certifies he/she has or will be evaluated by his/her personal physician and obtain medical clearance prior to beginning any fitness, exercise, diet, health or wellness-related Membership Site with Company. If Client elects not to obtain this medical clearance prior to beginning Membership Site, he/she understands the potential injuries and ramifications of such actions, and agrees not to hold Company responsible for any such injuries or negative consequences.
      3. Client understands Membership Site may include elements of diet and exercise, which bring inherent risks of illness, injury, or other similar unanticipated consequences. Client agrees he/she is aware of and assuming these risks in order to voluntarily proceed with Company’s Membership Site. Should any such incidents occur, Client understands it is of no fault or responsibility of Company, and agrees Company is not liable.

    12. Intellectual Property

      1. Client agrees and understands that Company has created numerous original, creative works in connection with the Membership Site, and agrees that Company maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in the Membership Site, whether created prior to working with Client or specifically for Client, including but not limited to: documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, copy for website or sales pages, and any other original work created by Company. Client agrees she may be granted a limited right to use selected materials in the course of his or her own business, but understands that the original proprietary rights remain with Company. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Company to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Membership Site.
      2. Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Company or obtained through working with Company, without Company’s express written consent. If such behavior is discovered or suspected, Company reserves the right to immediately end Client’s participation in the Membership Site without refund, as well as access to any Membership Site or materials Client may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law. 
      3. Licensee Rights: Company’s Limited License to Client: Client understands that in purchasing the Membership Site, she/he is gaining access to view all content and information available as part of the Membership Site. Client understands this means he/she will have been granted a limited, revocable, non-transferable license to use the information provided as instructed or allowed by Company. As a “Licensee,” Client understands and agrees that Client will not:
        1. Copy, edit, distribute, duplicate or steal any information or any Content obtained through Membership Site without written permission by Company;
        2. Post, distribute, copy, steal or otherwise use any portion of the Membership Site or its content, or information obtained via other members in the group Membership Site without written permission by Company, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client.
        3. Claim any content created by Company as part of the Membership Site or otherwise given to Client is his/her own, meaning he/she cannot claim any content created by Company was Client’s work, and use in his/her business as his/her own.
        4. Share purchased materials, information, content with others who have not purchased them.
        5. Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitutes infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.

    13. Indemnification

      1. Client agrees at all times to defend, fully indemnify and hold Company and any affiliates, agents, team members or other party associated with Company harmless from any causes of action, damages, losses, costs, expenses incurred as a result of Client’s use of Membership Site, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Client’s participation in Membership Site. Should Company be required to defend herself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit Company’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Company, free of charge.

    14. Dispute Resolution

    1. A. Should a dispute arise between Company and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold Company responsible for any specific results, or those results which have been achieved by other clients of Company.)
    2. B. If unable to reach a resolution informally, Client and Company agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in New York within a reasonable amount of time. Client and Company agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree.

    15. Applicable Law

      1. This Agreement shall be governed by and under control of the laws of New York regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of New York are to be applicable here.

    16.Amendments

      1. This agreement is not to be altered, amended, changed, extended, or considered waived without execution of an additional addendum signed by both Client and Company, or a party authorized to sign on behalf of either party.

    MEMBERSHIP SITE OUTLINE ADDENDUM

    Client understands, acknowledges, and agrees he/she is purchasing a monthly subscription to Bendable Body TV. While the below is subject to change, at the time of purchase, Membership Site includes access to the following:

    1. Unlimited access to all stretching videos now loaded onto Membership Site, and those which will be added in the future, for as long as Client is a member;
    2. Unlimited access to any and all additional content Company uploads into Membership Site, including but not limited to written content, PDF resources, and other written material.
    3. A members-only commenting section in each stretching video provided on Site where Clients may type in and submit questions, and Company will respond to comments and questions.

    END OF DOCUMENT