Terms and Conditions

TERMS AND CONDITIONS

4REAL is a premium personal training company that offers online and in-person individualized workout plans, tailored by certified specialists in fitness and wellness industry.

For greater certainty, 4REAL premium personal training services includes any use of the mobile app or access to resources generated by us through the mobile app, desktop, or direct coaching. These terms & conditions are a legally binding agreement between client and company (4REAL) regarding the use of the Website and use and purchase of workout programs and personal training services. By accessing or using the website or using or purchasing personal training services, you acknowledge that you have read, understood, and agreed to be bound by these terms & conditions, including any additional guidelines, 4REAL Privacy Policy, and any future modifications thereto, whether or not you become a member of 4REAL plans by registering an account for the personal training service. 4REAL premium personal training is a registered trademark and 4REAL name, mark and type are protected by law.

IF YOU DO NOT AGREE TO ANYTHING IN THIS STATEMENT OR 4REAL PRIVACY POLICY, YOU CANNOT USE THE WEBSITE OR 4REAL SERVICES AND YOU SHOULD IMMEDIATELY CEASE YOUR USE THEREOF.

Account Security. You are responsible for maintaining the confidentiality of the username and password that you use to register for, purchase and/or use 4REAL personal training plans. You agree to immediately notify 4REAL of any unauthorized use of your username or password or any other breach of security and ensure that you logout from your account each time you exit your account and after training session. 4REAL will not be liable for any loss or damage arising from your failure to comply with this provision. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Term and Termination. 4REAL may, at its option, terminate your membership if (1) you violate any part of this agreement or (2) your conduct is improper or harmful to the best interest of 4REAL or others. Termination is effective on the date 4REAL mails a written notice to your last known address and email. You are liable for all financial obligations until the last date of the plan previously purchased.

Once you prepaid your dues and fees and the contract of service is signed, 4REAL will not refund the unused portion of the online or hybrid premium personal training plans.

Interactions with other members. You are solely responsible for your interactions with other users of the website and 4REAL app members. 4REAL makes no representations or warranties as to the conduct of users or members and shall not be in any way liable for any conduct of any user or member. You agree to take reasonable precautions in all interactions with other users and members. You should not provide your financial information (credit card or bank account information) to other users or members.

Release. You hereby release 4REAL, its affiliates, contractors, employees, agents or third-party partners or suppliers from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your interaction with other Users or Members.

Promotions, discounts, and bonus. 4REAL may periodically run promotions that can include discounted rates or other incentives to enroll in 4REAL services and products. All incentive programs adhere to the 4REAL terms and conditions. New enrollment incentives are for first-time clients only. Current members may not be eligible for current discounts or promotions. 4REAL may run promotions exclusively for current and active clients and the terms and conditions related to internal marketing vary depending on the promotion type and details of such programs may not be included here.

VIRTUAL STANDARD AND VIRTUAL VIP PLANS CANCELLATION AND REFUND: By enrolling in any program and completing a purchase of any 4REAL premium personal training plan you acknowledge and agree you have read and understand the Terms, Conditions, Procedures, Rules & Regulations of 4REAL. You also acknowledge and agree to the following cancelation and refund policy: (1) You, the buyer, may cancel this agreement at any time before you send us the contract of service signed. Enrollment is defined by submitting your payment and having the contract of service signed. (2) A full refund may be granted if you contact us requesting to cancel your plan at any time before the video call with the personal trainer assigned to you. (3) A partial refund may be granted if you contact us requesting to cancel your plan at any time after the video call with the personal trainer assigned to you and before you send us the contract of service signed. You will be billed a $50 fee for the video call time of the personal trainer and other services provided previously, including communication, administration, or any activity related to your program including technology service set-up (4REAL app), agreement generation and workout programming, whether completed or not. Besides the $50 fee, the client will get refunded for the difference paid for, and the company will not keep their billing information in their records. (4) You the buyer acknowledge that there are NO refunds on online plans after you sign and send over the contract of service. You understand that by signing and sending the contract of service you agree to work with the Gold Standard Certified Personal Trainer assigned to you until the workout plan purchase is over or renewed after 3 months. (5) You also acknowledge that all 4REAL premium personal training plans are a 3-month contract commitment, and you will be responsible for the term of the agreement.

HYBRID AND IN-PERSON PERSONAL TRAINING PLAN CANCELLATION AND REFUND: By enrolling in any program and completing a purchase of any 4REAL premium personal training plan you acknowledge and agree you have read and understand the Terms, Conditions, Procedures, Rules & Regulations of 4REAL. When you purchase any of the hybrid or in-person personal training plans, you confirm that you are a resident of Orange County – CA and live within the cities the company provides its services. You attest that you have the minimum requirements to perform a workout plan such as having a fitness center at your residential complex, owning a home gym, having some training equipment at home [dumbbells, bands, kettlebells, barbells] or being enrolled to any gym that allows EXTERNAL PERSONAL TRAINERS. You also acknowledge and agree to the following cancelation and refund policy: (1) You, the buyer, may cancel this agreement at any time before you send us the contract of service signed. Enrollment is defined by submitting your payment and having the contract of service signed. (2) A full refund may be granted if you contact us requesting to cancel your plan at any time before the video call with the personal trainer assigned to you. (3) A partial refund may be granted if you contact us requesting to cancel your plan at any time after the video call with the personal trainer assigned to you and before you send us the contract of service signed. You will be billed a $50 fee for the video call time of the personal trainer and other services provided previously, including communication, administration, or any activity related to your program including technology service set-up (4REAL app), agreement generation and workout programming, whether completed or not. Besides the $50 fee, the client will get refunded for the difference paid for, and the company will not keep their billing information in their records. (4) You the buyer acknowledge that there are NO refunds on hybrid and/or in-person plans after you sign and send over the contract of service. You understand that by signing and sending the contract of service you agree to work with the Gold Standard Certified Personal Trainer assigned to you until the workout plan purchase is over or renewed. (5) You acknowledge that the scheduling of coaching sessions is your responsibility and these sessions do not carry over monthly or accumulate. Each 4REAL hybrid and in-person program includes a set monthly series of coaching sessions according to each plan: HYBRID PLAN: 1 session/month within 3-month pack [total = 3]; STANDARD IN-PERSON PLAN: 8 sessions/month; VIP IN-PERSON PLAN: 12 sessions/month and it expires at the end of each month division. The in-person personal training session can be re-schedule ONE (1) TIME PER MONTH with a minimum of 24 HOURS NOTICE. The personal training session will be counted as performed if missed or by last-minute reschedule attempt. Nevertheless, 4REAL may accommodate you for planned absenteeism, emergencies, vacations, or limited terms agreed upon separately from this agreement. Please coordinate with your 4REAL coach for such accommodation. Please communicate directly you’re your personal trainer to facilitate in-person sessions cancellation.

Modification of Terms. 4REAL reserves the right, in its sole discretion, to change, modify, add, or remove portions of this Agreement at any time and for any reason without notice to you and by simply updating this page. For any material changes to this Agreement, such amended terms will automatically be effective 30 days after they are initially posted on the Website.

Individual Features and 4REAL Services. When using the website and/or the 4REAL services, you may be subject to any additional posted guidelines or rules applicable to specific services and features, which may be posted from time to time on the website’s terms and conditions.

Privacy Policy. The 4REAL Privacy Policy is hereby incorporated into this Agreement by reference. Please read the Privacy Policy carefully for details relating to the collection, use, and disclosure of your personal information.

You must be at least eighteen (18) years of age or the age of majority in the place of your residence to register as a member or use 4REAL services. Membership to 4REAL services is void where prohibited. By using the 4REAL service, you represent and warrant that you have the right, authority, and capacity to access this document and you consent to abide by this agreement.

Proprietary Rights. 4REAL, and its licensors, own and retain all proprietary rights on the website and/or the 4REAL services. The website and/or the 4REAL service comprehends content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services, and other elements of the 4REAL service that are protected by copyright, trade dress, patent, and trademark laws, international conventions, and other relevant intellectual property and proprietary rights, and applicable laws. Except for that information which is in the public domain or for which you have been given express written permission, you may not copy, modify, publish, transmit, distribute, license, perform, display, or sell any 4REAL materials. 4REAL materials do not include user or other content submitted by Users. 4REAL retains all rights not expressly granted in this agreement. You shall not acquire any right, title, or interest to the website, the 4REAL service or 4REAL materials, except for the limited rights set forth in this agreement.

Reliance on Content. Advice, opinions, statements, offers, or other information or content, including without limitation user content, made available through the website and/or the 4REAL service, but not directly by 4REAL, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. 4REAL does not: (1) guarantee the accuracy, integrity, quality, legality, safety, completeness, or usefulness of any information on the website and/or the 4REAL service, or (2) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the website and/or the 4REAL service. Under no circumstances will 4REAL or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the website and/or the 4REAL service or transmitted to or by any Users or Members.

Health Information. The information provided through the website and/or the 4REAL service may contain general health information. THIS WEBSITE AND/OR 4REAL SERVICE DOES NOT PROVIDE MEDICAL DIAGNOSIS FOR ANY INDIVIDUAL AND MUST NOT BE USED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR CARE. All specific medical questions you may have about your specific medical condition, treatment, care, or diagnosis must be presented to your health care professional. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING PROFESSIONAL ADVICE BECAUSE OF ANY INFORMATION CONTAINED IN OR RELATED TO THE WEBSITE AND/OR THE 4REAL SERVICE. You represent that you are in good physical condition and may have no medical reason, impairment, or disability that vie might prevent you from using all 4REAL programs or services. As such, you acknowledge that 4REAL did not give you medical advice before you enrolled, and cannot give you any after you enroll, or discuss them with your doctor before participating in any programming.

Content posted by you on the website and/or the 4REAL service.

Accurate content. You are solely responsible for the user content that you publish or display on the website and/or the 4REAL service or transmit to other Users and/or Members through any media form.

Moderating content. You understand and agree that 4REAL may, but has no obligation to, moderate, review and delete any content, comments, messages, photos, or profiles, in each case in whole or in part, that in the sole judgment of 4REAL, violates this agreement, might be offensive or illegal, or that might violate the rights or safety of other users and members.

License to user content. By posting user content to any public area of the website and/or the 4REAL service, you automatically grant, and you represent and warrant that you have the right to grant, to 4REAL, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and user content and to prepare derivative works of, or incorporate into other works, such information and user content, and to grant and authorize sublicenses of the foregoing. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your user content. You also hereby grant to each user and member of the website and/or the 4REAL service a non-exclusive license to access your user content, in each case as permitted by the functionality of the Website and/or the 4REAL service and this agreement. The above license granted by you shall survive any termination or expiration of this agreement.

Representations and Warranties. In connection with the user content, you affirm, represent, and/or warrant that: (1) you own, or have the necessary licenses, rights, consents, and permissions to post the user content to the website and/or the 4REAL service, to authorize 4REAL to use the user content in the manner contemplated by 4REAL and this agreement, and to grant the rights and licenses set forth above, (2) the public posting and use of your user content by 4REAL and other users and members will not infringe or violate the rights of any third party or violate any applicable law or regulation.

Prohibited User Content. The following is a partial list of the kind of user content that is illegal or prohibited on the website and/or the 4REAL service. 4REAL reserves the right to investigate and take appropriate legal action, in its sole discretion, against anyone who violates this provision, including without limitation, removing the offending communication from the website and/or the 4REAL service and terminating the membership of such violators. It includes, but is not limited to, user content that:

is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or spamming;
promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, profane, offensive, sexually-oriented, racially offensive, defamatory or libelous;
promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
contains restricted or password-only access pages, or hidden pages or images [those not linked to or from another accessible page];
provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer virus;
solicits passwords or personal identifying information for commercial or unlawful purposes from other users or members; or engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

Member Profile. All information you include in your member profile, including without limitation the information in your billing account, must be accurate, current, and complete. If information provided to 4REAL, subsequently becomes inaccurate, misleading, or false, you will promptly notify 4REAL of such change.

Prohibited Activities. 4REAL reserves the right to investigate and terminate your membership if you have misused the Website and/or the 4REAL service, or behaved in a way that could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the website and/or the 4REAL service:

You will not use the Website or the 4REAL Service for any purpose that is unlawful or prohibited by this agreement;

You will not impersonate any person or entity;
You will not “stalk” or otherwise harass any person;
You will not express or imply that any statements you make are endorsed by 4REAL without our specific prior written consent;
You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the website and/or the 4REAL service or its contents;
You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
You will not remove any copyright, trademark or other proprietary rights notices contained on the website and/or the 4REAL service;
You will not interfere with or disrupt the website and/or the 4REAL service or the servers or networks connected to the website and/or the 4REAL service;
You will not post, email or otherwise transmit any material that contains software virus, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
You will not manipulate identifiers in order to disguise the origin of any information transmitted through the website and/or the 4REAL service;
You will not “frame” or “mirror” any part of the website and/or the 4REAL service or the website and/or the 4REAL service, without 4REAL ‘s prior written authorization. You also shall not use meta tags or code or other devices containing any reference to 4REAL, the website or the 4REAL service in order to direct any person to any other website for any purpose;
You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, or disassemble any portion of the website or the 4REAL service or any software used on or for the website or the 4REAL service or cause others to do so.

Modifications to the Website and/or the 4REAL service. 4REAL reserves the right at any time to modify or discontinue, temporarily or permanently, the website and/or the 4REAL service (or any part thereof) with or without notice. You agree that 4REAL shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website and/or the 4REAL service.

Blocking of IP Addresses. To protect the integrity of the website and/or the 4REAL service, 4REAL reserves the right at any time in its sole discretion to block users or members from certain IP addresses from accessing the Website and/or the 4REAL service.

Infringement Notice. It is 4REAL policy to respond to clear notices of alleged copyright infringement. If you are a copyright owner or an agent thereof and you believe that any content hosted on the website and/or the 4REAL service infringes your copyrights, please contact us at the email address provided.

Repeat Infringer. Please note that 4REAL will promptly terminate without notice any user or member’s access to the website and the 4REAL service if that user or member is determined by 4REAL to be a “repeat infringer.” A “repeat infringer” is a user or member who has been notified by 4REAL of infringing activity violations more than twice and/or who has had their user content, or any other user-submitted content removed from the website and/or the 4REAL service more than twice.

Guarantee of results. 4REAL DOES NOT GUARANTEE ANY RESULTS FROM USE OF THE WEBSITE AND/OR THE 4REAL SERVICE. 4REAL DOES NOT ENDORSE ANY WORKOUT PROGRAM OFFERED THROUGH THE WEBSITE AND/OR THE 4REAL SERVICE. ANY STATEMENTS, GUARANTEES, OR OTHER INFORMATION THAT MAY BE PROVIDED TO YOU BY FITNESS PROFESSIONALS OR OTHER USERS OF THE WEBSITE AND/OR THE 4REAL SERVICE ARE SOLELY ATTRIBUTABLE TO THE PROFESSIONAL OR USER. 4REAL IS NOT LIABLE FOR ANY STATEMENTS OR GUARANTEES MADE BY TRAINING PROFESSIONALS OR OTHER USERS.

No Warranties; “As Is,” “As available,” and “With all faults”. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, 4REAL, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITE AND/OR THE 4REAL SERVICE IS AT YOUR SOLE RISK AND THAT ANY ADVICE THAT MAY BE POSTED ON THE WEBSITE AND/OR THE 4REAL SERVICE IS FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND WILL NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. THE WEBSITE AND/OR THE 4REAL SERVICE, USER CONTENT AND ANY THIRD-PARTY MEDIA, CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE AND/OR THE 4REAL SERVICE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.

Operation and Content. 4REAL IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON OR IN CONNECTION WITH THE WEBSITE AND/OR THE 4REAL SERVICE, WHETHER CAUSED BY USERS, MEMBERS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED ON THE WEBSITE AND/OR THE 4REAL SERVICE. 4REAL ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER OR MEMBER COMMUNICATIONS. 4REAL IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS AND/OR MEMBERS OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE WEBSITE AND/OR THE 4REAL SERVICE.

User and Member Conduct. 4REAL IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR MEMBER. UNDER NO CIRCUMSTANCES WILL 4REAL OR ANY OF ITS AFFILIATES, ADVERTISERS, PROMOTERS OR DISTRIBUTION PARTNERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE WEBSITE AND/OR THE 4REAL SERVICE, ANY CONTENT POSTED ON THE WEBSITE AND/OR THE 4REAL SERVICE OR TRANSMITTED TO USERS OR MEMBERS, OR ANY INTERACTIONS BETWEEN USERS OR MEMBERS, WHETHER ONLINE OR OFFLINE. 4REAL IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANY EVENTS OR ACTIONS OCCURRING AT VENUES OR ANY INTERACTION BETWEEN A USER OR MEMBER AND ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION EMPLOYEES OF A VENUE OR OTHER PATRONS OF A VENUE.

Links and third-party 4REAL services. The website and/or the 4REAL service may provide, or third parties may provide, links or functionality on the website and/or the 4REAL service to other websites or third-party resources. Because 4REAL has no control over third party 4REAL services, you acknowledge and agree that 4REAL is not responsible for the availability of the third-party 4REAL services and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from the third party 4REAL services. You further acknowledge and agree that 4REAL shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods, or services available on or through third party 4REAL services. ACCESS AND USE OF THIRD-PARTY SERVICES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SERVICES OR AVAILABLE THROUGH THIRD PARTY SERVICES, IS SOLELY AT YOUR OWN RISK. When you leave the website, these Terms and Conditions no longer govern. You should review applicable terms and conditions and policies, including the privacy and data gathering practices, of any third-party 4REAL services.

Release of liability for injury or death; Limitation on liability; Damages.

Release of Liability for Injury or Death. YOUR PARTICIPATION IN ONLINE TRAINING SESSIONS OR OTHER PROGRAMS THROUGH THE WEBSITE AND/OR IS AT YOUR OWN RISK. Exercise programs of any kind represent an inherent danger to participants. 4REAL IS NOT LIABLE FOR ANY PERSONAL INJURY OR DEATH THAT RESULTS FROM USE OF THE WEBSITE AND/OR THE 4REAL SERVICE INCLUDING PARTICIPATION IN ONLINE TRAINING SESSIONS. YOU RELEASE 4REAL FROM ALL LIABILITY FOR INJURY OR DEATH THAT RESULTS FROM YOUR PARTICIPATION IN A TRAINING SESSION OR USE OF THE WEBSITE AND/OR THE 4REAL SERVICE. Members should consult a physician before beginning use of the 4REAL service or any exercise program or training session. Not all exercise programs or training sessions are appropriate for all members. PLEASE CHECK ALL EQUIPMENT AND THE AREA IN WHICH YOU ARE USING THE 4REAL SERVICE FOR ANY DANGEROUS CONDITIONS. IN CASES WHERE APPLICABLE LAW DOES NOT ALLOW THE ABOVE RELEASE OF LIABILITY, 4REAL’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAWS.

Limitation of Liability. Except in jurisdictions where such provisions are restricted, in no event, and under no legal theory, including without limitation negligence, will 4REAL or its affiliates, contractors, employees, agents or third party partners or suppliers be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including without limitation lost profits, data or use or cost of cover, even if 4REAL has been advised of the possibility of such damages. In cases where applicable law does not allow the above limitation of liability, 4REAL’s liability will be limited to the extent permitted by applicable laws.

Nutrition and training disclaimer: The nutrition advice given by 4REAL is based on the information you provided by completing and submitting this questionnaire. You understand it is your responsibility to provide complete and accurate information. You further understand and acknowledge 4REAL provides general nutrition education and it is not a medically supervised program. You understand that no service or program provided by 4REAL is intended to cure, prevent, diagnose, alleviate, or treat any medical conditions, disease, physical or mental.

Nutrition and/or training waiver and covenant not to sue: You have volunteered to participate in a nutrition suggestion program under the guidance of 4REAL which may not be limited to nutrition guidance and personalized coaching. In consideration of 4REAL agreement to assist me, you do here and forever release and discharge and hereby hold harmless 4REAL and their respective agents, heirs, assigns, contractors, and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected with your participation in any nutrition program including any injuries resulting therefrom. You acknowledge and agree that no warranties or representations have been made to me regarding the results you may or will achieve from this program. You understand that results are individual and may vary.

Nutrition assumption of risk: You recognize that specific foods may create allergic and possible fatal reactions, most specifically, products containing nuts. You have therefore specified any food allergies or sensitivities you are aware of. You are aware that specific foods may interact with certain medications. You have discussed such food reactions and the side effects of all your medications with your doctor or pharmacist and do not hold 4REAL responsible for food and medication reactions. You also understand the nutrition guidance you receive will not take your medications into consideration. If you are on medications, you are responsible to consult with your doctor before starting a diet change. If you are pregnant or lactating, have high cholesterol, high blood pressure, high blood sugar, diabetes, renal disease, gastric by-pass surgery a family history of gout or any other medical condition that requires special dietary restrictions, you must receive permission from your physician before participating in the any nutrition guidance, or may be advised to seek help from another health professional.

Indemnity by you. You agree to indemnify and hold 4REAL, its parent, subsidiaries, affiliates, officers, agents, licensors, and other partners and employees, harmless from any loss, liability, claim, damages, obligations, or demand, including attorney’s fees, made by any third party due to or arising out of (1) your use of the website and/or the 4REAL service, (2) your violation or breach of this agreement, (3) your user content, or (4) any breach of your representations and warranties set forth above. 4REAL reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify 4REAL and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of 4REAL. 4REAL will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

4REAL may provide you with notices, by email or mobile app push notifications.

No Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in this agreement, there shall be no third-party beneficiaries to this document.

Jurisdiction and Choice of Law. This website and the 4REAL service are controlled and operated by us and this agreement, this website, the 4REAL service and any use of the website or the 4REAL service shall be governed by the laws of the state of California and the laws of the United States of America applicable therein without reference to principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in the State of California and irrevocably agree that all disputes shall be heard in such courts. You agree that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.

Entire Agreement. This is the entire agreement between you and 4REAL relating to the subject matter herein and supersedes all previous communications, representations, understandings, and agreements, either oral or written, between the parties with respect to said subject matter.

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

The agreement and any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by 4REAL without restriction. Any assignment attempted to be made in violation of this agreement shall be void.

The heading references herein are for convenience purposes only, do not constitute a part of this agreement, and shall not be deemed to limit or affect any of the provisions hereof.

YOU AND 4REAL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE AND/OR THE 4REAL SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Coaching calls may be recorded: You understand that coaching calls with any 4REAL contractors or staff may be recorded for quality and training purposes with or without notice. You hereby give permission to 4REAL to record my coaching calls and understand that copies of your coaching calls may be requested for personal reference.

COVID-19 AND OTHER INFECTIOUS DISEASE. You acknowledge and understand some evidence has shown that COVID-19 and other infectious diseases may cause serious and potentially life-threatening illness and even death. You acknowledge that 4REAL cannot prevent clients from becoming exposed to, contracting, or spreading COVID-19 or other infectious disease while utilizing 4REAL services in third-party premises or anywhere else. It is not possible to prevent the presence of any disease. You understand if you choose to utilize recreational or fitness centers or supplemental services or enter into any third-party premises you may be exposing yourself and/or increasing the risk of contracting or spreading COVID-19 or other infectious disease. You understand the above warning concerning COVID-19 or other infectious disease. You hereby choose to accept the risk of contracting COVID-19 or other infectious disease for yourself and/or your children, family, friends, or colleagues when you enter potentially risky areas of third-party premises. You acknowledge that given the nature of virus and ease of transmission that there is inherent risk in using the service in high-risk areas or third-party premises. You affirm these services are of such value, that you accept the risk of being exposed to, contracting, and/or spreading COVID-19 or other infectious disease to utilize the services. You hereby forever release and waive your right to sue 4REAL and its owner’s, officers, directors, managers, officials, trustees, agents, employees, or contractors in connection with exposure, infection, and/or spread of COVID-19 or other infectious disease related to utilizing 4REAL services. You understand and acknowledge that 4REAL provides home-based workouts as an option and you may request these workouts at any time.

How to contact us: If you have any questions, comments, or concerns about these Terms & Conditions, Privacy Policy or the information collection and usage practices of this website, please contact at contact@livelife4real.com.