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JUMP&JACKED INC.

TERMS & CONDITIONS AGREEMENT


Last updated: February 19th, 2025


WELCOME TO OUR WEBSITE!


Jump&Jacked Inc. invites you to access and use our Website under the following Terms and Conditions. You are encouraged to read these terms carefully before using our Website.


By accessing or using our Website, you hereby agree to be bound by the Terms and Conditions incorporated herein, the Privacy Policy and the Disclaimer.


  1. ACCEPTANCE OF TERMS

1.1 This Terms and Conditions Agreement discloses the terms and conditions of www.jumpnjacked.com (the “Website”), and the application Jump&Jacked (the “App”), owned by Jump&Jacked Inc, a Company in the Province of Ontario (the “Company”). The following Terms and Conditions form a legally binding agreement that governs the relationship between the Company and its users, as well as anyone who interacts with the Company, its Website, subsidiaries and affiliates. Your access to and use of this Website signifies your acceptance and agreement to the Terms and Conditions. 


1.2 By using this Website, you represent that you are at least 18 years old and have the requisite mental capacity to be bound by the Terms and Conditions of this Agreement.


1.3 The material appearing on this Website is provided as information about the Company’s promotional marketing, digital products, downloadable app and services. The owner of this Website, and its directors, agents, employees, and affiliates assume no responsibility or liability for any consequence resulting directly or indirectly from any action or inaction you take based on the information found on, or material linked to, this Website. 


  1. LANGUAGE

2.1 The following terminology applies to these Terms and Conditions, Privacy Policy and Disclaimer Notice: “Client”, “User” “You” and “Your” refers to you, the person using this Website. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to the Company. “Party”, “Parties”, or “Us”, refer to both the Client and the Company. Any use of the above terminology or other words in the singular, plural, capitalization, and or he/she/they, are taken as interchangeable and therefore referring to the same. 


  1. FOR INFORMATIONAL AND RECREATIONAL PURPOSES ONLY

3.1 Any and all information by or on this Website and App is provided for promotional, informational and recreational purposes only and is not to be relied upon as a professional opinion whatsoever, nor the definitive source of expert advisement on the subject matter. It is not guaranteed to be accurate, complete, reliable, current or error-free. By using this Website, you accept and agree that following any information or recommendations provided therein and all channels of digital content is at your own risk. Such information can be found on all digital content, ancillary applications, resources, emails, videos, digital downloads, lead generation content, and applicable social media platforms, whether or not they are available for purchase, as resources, or educational and/or informational use only. 


  1. LICENSE OF INTELLECTUAL PROPERTY

4.1 Unless otherwise specified, the Company and/or its licensors retain full ownership of all intellectual property rights in the materials available on the Website. This ownership extends to materials on the App and social media platforms, including but not limited to, all intellectual property rights are reserved. Where the Website provides downloadable materials, users are generated a limited, non-commercial, and temporary use license for transitory viewing only. This License does not permit reproduction, distribution, modification, or any other beyond what is expressly allowed. As a “Licensee,” the User agrees not to: (i) copy, edit, distribute, duplicate, or otherwise misuse any information obtained through the service or downloaded from the Company without the Company’s written consent; (ii) post, distribute, share, copy, or otherwise use any portion of the program or its consent, without the company’s written consent, recognizing that such action may constitute infringement and may lead to legal action; or (iii) share purchased materials, information, content, or information with others who have not purchased them.

4.2 If such behaviour is discovered or suspected, this license shall automatically terminate. The Company reserves the right to immediately revoke access to the Website, the App, as well as any services, digital products or materials you may have purchased, without refund, and reserves the right to prosecute any actionable infringement or misuse to the full extent of the law. Upon termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format. 


4.3 Any requests for written permission to use any content posted on this Website must be expressly made before you use any such content, and may be made by sending an email with your written request to: sydney@jumpnjacked.com.


  1. LINK TO THIRD-PARTY WEBSITES

5.1 This Website and the App may contain links to third-party websites or resources that are not owned, operated, maintained, affiliated or controlled by the Company. These external websites and their content are provided for convenience only, and do not imply any affiliation, endorsement, or approval by the Company. The Company has no control over, and assumes no responsibility for, the accuracy, availability, legality, or content of any linked websites or resources. You acknowledge and agree that your use of any third-party websites is at your own risk, and the Company is not liable for any losses, damages or issues that may arise from your access to or reliance on such websites. The Company is further not responsible directly or indirectly for any errors, omissions, or damages resulting from interactions with third party links, the intended purposes of the links are provided solely to improve your use of the Website, to enable you to connect with the Company on various platforms, and to help the Company offer their services and conduct transactions. 


5.2 The Company reserves the right to request the removal of any links to our Website upon which removal must occur immediately.


  1. AFFILIATES AND COMMISSIONS

6.1 This website may contain affiliate links, referral links, or sponsored content, which means the Company may earn a commission, referral fee, or other compensation when the User clicks on, or makes a purchase through certain links. These links do not influence the content, recommendations, or reviews provided on the Website, and only promotes products or services that the Company believes adds value to the User. The User acknowledges that the Company does not assume responsibility for the accuracy, availability, or quality of products, services or content provided by third-party affiliate partners. Any purchase made by the User through an affiliate or commission link is solely between the User and the third-party vendor. The Company is not responsible for any issues, disputes, refunds, or liabilities related to such transactions.


  1. FEEDBACK, COMMENTS AND TESTIMONIALS

7.1 The terms herein further extend to the application and use of social media platforms, and any reviews or comments related to your use of the services, program or information provided by the Website. The Company requests you adhere to the following guidelines: (a) the Company reserves the right to remove, block, or delete any comments that may be construed as bullying, name-calling, offensive language, or otherwise contrary to the Website's intended goals of positivity, education, and encouragement; (b) by using any social media platform, you verify that all information submitted is accurate and factual; (c) any negative comments or complaints posted by you may be construed as claims about the Company and may be subject to legal claims; and (c) You further agree to privately contact the Company with any concerns or suggestions prior to, and in replacement of, posting publicly. 


7.2 You agree that the Company may use your feedback whether provided in emails, submissions, comments, and/or discussions on the services and/or digital product-related forums, calls, or otherwise, for marketing or promotional purposes related to the Company, its services and digital products. You understand that any comments posted on this Website or on our social media channels represent the views and opinions of the individual who made them, not those of the Company. The Company reserves the right to comment, edit, or delete any comment or posts made on this Website or on social media channels. 


7.3 The Website and its associated social media platforms may feature testimonials from previous clients or customers of our services and digital products. These testimonials are intended to provide readers with comments, feedback, and information based on others’ experiences with our services. All testimonials are from actual clients, sharing their real, honest opinions and results from their use of the Website, App, digital products, and services offered by the Company. These testimonials are not to be considered as a guarantee for all Users to expect the same or similar results, nor do these testimonials guarantee the same or similar results.


  1. SHARED INFORMATION NOT CONFIDENTIAL OR PRIVILEGED

8.1 Any information you provide or share with us, directly or indirectly, by use of this Website will not be treated as confidential or privileged. The Company reserves the right to use, reproduce, disclose, or distribute such information as its discretion, except where otherwise required by law. Exceptions shall include personally identifiable information, financial data inclusive of credit card and payment information, or any other information protected under the Personal Information Protection and Electronic Documents Act (PIPEDA) and the Company’s Privacy Policy.


  1. PURCHASE POLICY

9.1 If you purchase any services or digital products from the Website, you may also enter into one or more separate agreement(s) with the Company, and further be subject to additional terms outlined in such accompanying agreements.


  1. RESULTS NOT GUARANTEED

10.1 The Company may share the successful results achieved by users or customers through the use of the Website, App, services and its digital products. All results and testimonials are from actual clients, sharing their real, honest opinions and results. These examples are not to be interpreted as a promise or a guarantee - whether implied or stated - of any specific outcome or other results. By accessing the Website and using the products offered herein, you accept that you are fully responsible for your progress and results. The Company does not guarantee that you will achieve any specified results from the use of our Website, App, services or digital products, and nothing on the Website, nor in the use of the products offered herein, is a promise, warranty or guarantee to you of gaining such results. 


  1. MODIFICATIONS AND CHANGES

11.1 The Company reserves the right, at our sole discretion, to modify, replace or revise the terms herein at any time, without notice. The Company further reserves the right to modify, suspend, or discontinue, whether temporarily or permanently, the services or digital products (or any part thereof) for any reason without notice.  By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop use of the Website.


  1. LIMITATION OF LIABILITY; INDEMNIFICATION

12.1 The Company and its affiliates shall not be liable for any direct, indirect, consequential, special, or punitive damages arising from the use of, or inability to access, the materials or content on this Website. This includes but is not limited to, loss of data, loss of profits, business interruptions, modifications, interruptions, suspensions or discontinuances. Your decision to visit our Website, use the information contained herein, and purchase services or digital products offered is entirely voluntary.


12.2 You agree to indemnify, defend, and hold harmless the Company, its affiliates, partners, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable legal fees), that may arise from or relate to: (a) your use or misuse of the Website, (b) your violation of the terms herein, (c) your violation of any third-party rights, including intellectual property rights, or (d) any content you submit, post, or transmit through the Website. This indemnification shall survive the termination or expiration of these terms and your use of the Website.


12.3 Release of Claims: You acknowledge that this release is a complete and unconditional release of all liability to the fullest extent permitted by law, and you voluntarily give up any right you may have to bring legal action against the Company for any losses or damages arising from your use of the Website, whether known now or discovered in the future. 


  1. SEVERABILITY

13.1 If any provision of these terms shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of the Terms and Conditions is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 


  1. GOVERNING LAW

14.1 Any claim relating to the Website shall be governed by the laws of the Province of Ontario without regard to its conflict of law provisions. 


  1. ENTIRE AGREEMENT

15.1 The Terms and Conditions and any other legal notices, policies and guidelines of the Company linked to these Terms and Conditions or contained on this Website constitute the entire Agreement between you and the Company relating to your use of this Website and supersede any prior understandings of the Parties regarding such subject matter. This Agreement may not be amended or modified except by the Company. 


  1. CONTACT

16.1 If you have any questions about these Terms, please contact us at: sydney@jumpnjacked.com.


MEMBERSHIP AGREEMENT


Last updated: February 19th, 2025.


You (the “Member”) understand that by accessing, clicking, joining, or otherwise enrolling, electronically, verbally, or otherwise, to the Jump&Jacked Membership (the “Membership”) offered on www.jumpnjacked.com (the “Membership Portal”), that you agree to be provided with pre-recorded rebounding classes, strength workouts, programs and/or services provided by Jump&Jacked Inc., an incorporated company in the Province of Ontario (the “Fitness Instructor”), and hereby understand that you are entering into a legally binding Agreement with the Fitness Instructor and are subject to the following terms and conditions.


  1. PURPOSE

1.1 The purpose of this Agreement is to inform the Member of the membership services. The Fitness Instructor encourages the Member to read this Agreement carefully before accessing the Membership and/or using any of the services associated with the Membership selected at the checkout page.


1.2 For access to use the Membership, the Member must be eighteen [18] years of age or older and have the requisite mental capacity to agree to these Terms & Conditions.


1.3 As part of the Membership, the Member will have access to various resources provided by the Fitness Instructor including access to the pre-recorded rebounding classes, community group, and members board, work out-to-win program, and other various resources offered.


  1. MEMBERSHIPS

2.1 Trial Period: A free trial period will be granted to new members of the Membership for the first seven [7] days (the “Trial Period”). Upon completion of the Trial Period, the Membership shall automatically terminate unless the Member elects to enroll in a paid Membership plan as outlined in the terms herein.


2.1 Monthly Membership: The term of this Membership shall commence upon the date of first access to the Membership and will remain in full force and effect on a monthly basis (the “Monthly Term”), after which, the term will automatically renew for another Monthly Term (the “Renewal Term”), unless earlier terminated in accordance with Section 7: Cancellation.


2.2 Annual Membership: The term of this Membership shall commence upon the date of first access to the Membership and will remain in full force and effect for a term of twelve [12] months (the “Annual Term”), after which, the term will automatically renew for another Annual Term (the “Renewal Term”), unless earlier terminated in accordance with Section 7: Cancellation.


  1. MEMBER RESPONSIBILITIES AND RESTRICTIONS

3.1 The Member agrees to fully comply with the responsibilities outlined herein: (a) Members must conduct themselves in a respectful manner at all times and are encouraged to contribute to a supportive environment within the Membership, inclusive of collaboration, cooperation, and mutual respect amongst all participants; (b) Members must commit to inclusivity and non-discrimination within the Membership portal; and (c) Members acknowledge that rebounding and trampoline workouts involve physical exertion and that they remain in good fitness and health when enrolling in the Membership.


  1. TERMS OF PAYMENT

4.1 The appropriate payment amount owing for the Membership is reflected upon checkout (the “Membership Fee”). The Member may elect at checkout to pay the Membership Fee for the Monthly Term or Annual Term with all payments to be made in the reflected currency (the “Membership Term”). The Member will be liable for all payments of the elected term regardless of the Member’s continued participation in the Membership.


4.2 The Fitness Instructor accepts payment via credit card, and the Member authorizes upon first transaction for the Fitness Instructor to charge their credit card account provided in accordance with the Membership Term selected. All future payments will be processed on the Renewal Term. The Member agrees to provide complete, current, and accurate payment information and to update the Fitness Instructor should any payment information change prior to the payment due date.


4.3 Upon a failed or missed payment, the credit card on file shall be automatically charged up to four [4] times within a period of seven [7] days in an attempt to recover the outstanding fees. If payment remains outstanding, the Membership shall be subject to automatic cancellation without further notice.


4.4 In the event of any duplicate Membership Fee charges incurred by the Member, the Member should contact the Fitness Instructor for further discussion at: jumpnjacked@uscreen.support.


4.5 The Fitness Instructor reserves the right to increase the prices of the Membership at any time with thirty days [30] written notice, made either via bulletin in the Membership Portal, or directly to the Member via email notification.


4.6 The Member agrees that the charges on their credit card in compliance with the terms herein are irrevocable, undisputable and may not under any circumstance be charged back, contested or challenged now or in the future. The Member understands that doing so would be a material breach of this Agreement in which the Fitness Instructor would be entitled to legal fees, costs and fees associated with addressing a chargeback in addition to the amount challenged.


4.7 The Member understands by accepting the payment terms herein, that they are voluntarily electing to participate in the Membership, and financially willing and able to invest in the Membership by choice as effected by their enrollment in the Membership.


  1. MONEY BACK GUARANTEE

5.1 The Fitness Instructor offers a money-back guarantee to first time Members. If the Member is not satisfied with the Membership for any reason, they may request a refund within thirty [30] days of their initial payment. This guarantee does not cover renewals or subsequent purchases.


  1. ACCOUNT CREATION AND DATA COLLECTION

6.1 The Fitness Instructor invites the Member to create an account with a username and password on the Fitness Instructor’s Membership Portal. The Member is responsible for maintaining the confidentiality and security of their account and password, and for all activities that occur within their account. The Member shall notify the Fitness Instructor immediately of any unauthorized use of their account or password, or any other breach of security. As part of the account creation, the Member agrees to provide the Fitness Instructor with accurate, complete, and current information upon registration and will update their information as necessary. The Member must not use another member’s account with or without their permission, and must not share their account with another individual.


6.2 As part of the account creation, the Member understands and agrees that the Fitness Instructor may collect, use, and disclose aggregated, identifiable, anonymized, or de-identified data and statistics derived from the Member’s access to and use of the Membership. This information may include but is not limited to the Member’s name and contact information, number of users, profession and age of users, the frequency and duration of use, the types of activities and interactions, location of users, preferences and feedback, and other metrics and/ or trends. The Fitness Instructor may use this data for their own purposes such as improvements and enhancements to the Membership and related services, conducting internal research and analysis, generating reports and insights, recruitment engagement, and external marketing efforts. The Fitness Instructor may share this data without identifying you, with their partners, sponsors, advertisers, and affiliates. The collection, use, and storage of such data shall be in compliance with the Personal Information Protection and Electronic Documents Act (PIPEDA) and the Fitness Instructor’s privacy policy.


  1. CANCELLATION

7.1 The Member may provide notice for cancellation at any time whereby the Membership will terminate at the expiration of the elected Term. To prevent automatic renewal for another term, the Member must login to their Membership Portal and cancel their Membership in the billing and payments section of their account.


7.2 The Member understands that the Fitness Instructor retains the right to and may limit, suspend, or terminate the Member’s access to the Membership without refund if the Member: (i) becomes disrespectful or disruptive within the group forums; (ii) is found to make discriminatory remarks, or harass the Fitness Instructor and/or other members of the Membership; (iii) participates in copyright infringement of any intellectual property produced and/or developed by the Fitness Instructor; (iv) is found negatively speaking about the products and/or services offered by the Fitness Instructor in public forums without prior consultation with the Fitness Instructor; and/or (v) breaches any other terms outlined in this Agreement.


  1. MEDIA RELEASE AND TESTIMONIALS

8.1 The Member hereby grants full permission to the Fitness Instructor to use, share, distribute or publish photographs, motion pictures, videotapes, recordings or any other post/statement made in the community group and/or the members board for purposes of social media, website, advertising, online courses, archiving, and without limitation, commercial use (the “Media”). The Member hereby releases the Fitness Instructor from all claims in which the Member may have now or in the future for compensation of any kind arising out of the Member’s participation in said Media and acknowledges all such Media to be the exclusive property of the Fitness Instructor.


8.2 The Member further grants permission to the Fitness Instructor to use their feedback and testimony, whether in the form of emails, submissions, surveys, comments, discussions, calls, or otherwise, for the purpose of marketing or promoting the Fitness Instructor or the Membership.


  1. INTELLECTUAL PROPERTY OWNERSHIP

9.1 The Fitness Instructor retains all ownership rights to the materials provided during the Member’s participation under this Agreement. Any designs pre-recorded workouts, classes, programs, trade names, logos found on the Membership Portal will remain the sole intellectual property of the Fitness Instructor and may not be used in any other form without prior written consent. The Member is provided with a non-exclusive, non-transferable single-user license authorizing the Member to use the materials for their individual purposes only. Nothing in this Agreement shall constitute a transfer of ownership of any intellectual property from the Fitness Instructor to the Member. The Member agrees not to reproduce, duplicate, copy, trade, resell, or exploit for any commercial or personal purposes, any portion of the material, without the Fitness Instructor express written consent. If such behaviour is discovered or suspected, the Fitness Instructor reserves the right to immediately end your participation in the Membership without refund, as well as access to any program or materials you may have purchased. The Member acknowledges that the Fitness Instructor retains the right to terminate access to any product for any violation of this section and may be entitled to injunctive relief.  


  1. LINKS TO THIRD-PARTY WEBSITES

10.1 The Membership Portal and various channels may contain links to third-party websites and/ or resources, which are not maintained or related to the Fitness Instructor. All such linked websites, materials and pages are not under the control of the Fitness Instructor and the Fitness Instructor is not responsible for the content contained in any linked website nor for any losses or damages the Member may incur as a result of the use of any such website. The Member acknowledges and agrees that the Fitness Instructor is not responsible for the availability of such links, resources and content, and does not endorse, and is not responsible or liable for, any content, advertising, products, services, or other materials made available to or from these linked websites. The Member understands that the Fitness Instructor accepts no liability, directly or indirectly, for any errors, damages, or omissions contained in third-party websites. The intended purpose of the links provided is to improve the Member’s use of the Membership, to enable the Member to connect with the Fitness Instructor on various platforms, and to help the Fitness Instructor offer the Membership.


  1. PRIVACY AND CONFIDENTIALITY

11.1 The Member agrees to give the Fitness Instructor permission to keep a confidential record of the Member’s name, contact information, payment information, or personal details shared on the community group and public forums. The Fitness Instructor has implemented commercially reasonable technical and organizational measures designed to secure Member content and associated data from accidental loss and from unauthorized access, use alteration, or disclosure. The Fitness Instructor cannot guarantee that unauthorized third parties will not be able to defeat those measures and/ or use the Member’s content or associated data for improper purposes. The Member acknowledges that all Member content and associated data is provided to the Fitness Instructor at their own risk.


13.2 Due to the nature of the Membership, the Member understands that the Fitness Instructor is not able to guarantee the privacy and confidentiality of the information posted and/ or shared by the Member within the Membership forum(s) or through the Membership Portal. The Fitness Instructor encourages the Member to be cautious of the information they are sharing in the public forums offered as part of the Membership, and the potential personal nature of their posts. The Fitness Instructor will not be responsible for any damages or injury incurred by the Member as a result of their posting.


  1. DISCLAIMER

12.1 The Membership presents unique physical demands, and the safety and effectiveness of the workouts, classes and programs depend on various factors, including but not limited to the quality and condition of the rebounder, the Member’s physical health, age, weight, and surrounding environment. The Fitness Instructor is not responsible for any injuries or discomfort, including but not limited to knee pain, joint discomfort, or pelvic floor pain, that may result from using a substandard trampoline. Members are responsible for ensuring that they use a high-quality rebounder suitable for their individual needs, age, and weight capacity.

12.2 The Fitness Instructor makes no representations, warranties, guarantees or promises verbally or in writing pertaining to the achievement of any level of results from the Member’s participation in, or use of the Membership, including, but not be limited to, weight loss, muscle gain, cardiovascular improvement, or any other improvements in physical fitness and physique. The Member understands and agrees that they are voluntarily electing to become a member of the Membership and are solely responsible for any personal outcomes or results.


12.3 Any meal plans, tools, exercises, fitness regimens, or nutritional resources provided on the Membership Portal are subject to the Fitness Instructor’s personal study, education and experience. Any and all information contained on the Membership Portal are for the exclusive purpose of education and information only and it is not intended to be, nor shall it be understood or construed as, professional advice in any capacity. The Member understands that the Fitness Instructor does not offer any professional medical or nutritional advice and that it is the Member's exclusive responsibility to seek such independent professional guidance as needed. Should a Member be pregnant or suffer from any medical conditions or illness, advice from a professional healthcare provider is encouraged.


  1. LIMITATION OF LIABILITY

13.1 Limitation of Liability: The Member’s decision to enroll in the Membership, use the information contained therein the Fitness Instructor offers is purely voluntary, and the Member understands the Fitness Instructor is not responsible nor liable for any harm or damage to the Member resulting from direct or indirect use of materials or content contained or the affiliated companies on this Website. The Member agrees to hold the Fitness Instructor harmless from any damages directly or indirectly resulting from the use of the content, products or services sold or visible on the Fitness Instructor Website and/or distributed through email, social media marketing, or advertising, and further agrees that the applicant will not make any claims against the Fitness Instructor herein.


13.2 Indemnity: As a condition of access to the Membership, the Member hereby releases the Fitness Instructor and its directors and affiliates from and against any and all liabilities, expenses, legal fees and damages arising out of claims resulting or arising from the Member’s use of the Membership.


13.3 Release of Claims: The Member releases any right to claims against the Fitness Instructor to the maximum extent as permissible under applicable law. The Member agrees that under no circumstances will the Fitness Instructor be liable to any party, for any type of damages resulting, or claiming to result from any use of, or reliance on, our Membership or content found therein, and the Member hereby releases the Fitness Instructor from any and all claims whether known now or discovered in the future.

  1. WAIVER

14.1 In consideration of being permitted to participate in the Membership, the Member agrees to assume full responsibility for any risks, injuries and/or damages, physical or mental, known or unknown, now or in the future, which they might incur as a result of participation in the Membership. The Member acknowledges and understands that rebounding involves inherent risks, including but not limited to loss of balance, falls, joint or muscle strain, impact injuries, and potential aggravation of pre-existing conditions.

14.2 The Member represents and warrants that they are in good physical condition and have no medical condition and or/allergies that would prevent and/ or limit their participation in the Membership, and to follow their own physical conditioning and ability when approaching the programs in the Membership. The Member understands that it is their responsibility to consult with a physician prior to, their use of a rebounder, and ability to engage with the Membership. The Member shall bear sole responsibility for their health and well-being in the Membership and understands the Fitness Instructor will not provide any modified, or personalized programs unique to the Members needs.


14.3 Assumption of Risk: In consideration of being permitted to participate in the Membership with the Fitness Instructor, the Member agrees to assume full responsibility for any risks, injuries, and/ or damages, physical or mental, known or unknown, now or in the future, which they might incur as a result of the participation in the Membership with the Fitness Instructor.


14.4 Waiver of Rights: The Member is aware that this is a release of liability and knowingly, voluntarily and expressly waives any claim they may have against the Fitness Instructor for injury or damages that they may sustain as a result of participation in the Membership or in connection with any instruction from the Fitness Instructor or other’s representative operating with/or in connection with the Fitness Instructor while the Member is in the Membership.


  1. MODIFICATIONS

15.1 The Fitness Instructor reserves the right, at their sole discretion, to modify, replace or revise these terms and conditions of this Membership Agreement at any time and without notice. What constitutes a material change will be determined at their sole discretion. By continuing to access or use the Membership after those revisions become effective, the Member agrees to be bound by the revised terms. If the Member does not agree to the new terms, please stop accessing the Fitness Instructor’s Membership. The Fitness Instructor further reserves the rights to modify, suspend or discontinue, whether temporarily or permanently, the services (or any part thereof) or products, for any reason without notice.


  1. SEVERABILITY

16.1 If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 


  1. APPLICABLE LAW

17.1 This Agreement shall be governed by the laws of the Province of Ontario regardless of conflict of law principles, and regardless of the location of the Member. The Member understands this and agrees that the laws of Ontario shall have exclusive jurisdiction over any disputes relating to this agreement.


  1. BINDING EFFECT

18.1 This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns. 


  1. CONTACT

19.1 If there are any questions about these Terms, the Fitness Instructor can be contacted at: jumpnjacked@uscreen.support.