Pippin Performance, LLC

TERMS OF USE

1. Terms of Use

By accessing PippinPerformance.com (the “Site”), you are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained on the Site are protected by applicable copyright and trademark law. By using the Site you hereby agree to the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms of Use you must immediately cease all use of the Site.

2. Legal Agreement.

These Terms of Use are a legal agreement between you and Pippin Performance, LLC, an Illinois limited liability company (“Pippin Performance”) and contain important information regarding your legal rights, remedies and obligations. By using and accessing the Site, you: (a) acknowledge you have read, understand, and agree to be bound by these terms; (b) agree to comply with all applicable laws, rules and regulations with respect to your use of the Site; and (c) represent you are an adult at least eighteen (18) years of age and have the legal capacity to enter into contracts in the jurisdiction where you reside.

3. No Children Are Permitted To Use Our Site.

This Site is not directed toward children under thirteen (13) years of age, nor does Pippin Performance knowingly collect information about children under thirteen (13). If you are under thirteen (13) years of age, you are not permitted to submit any personally identifiable information to us. If we find out any users of the Site are under the age of thirteen (13) years of age, we will immediately, upon notice, cancel your account.

4. Physician’s Permission.

You acknowledge that physical exercise can be strenuous and can expose you to risk of serious injury. We urge you to obtain a physical examination from a healthcare professional before participating in any exercise related activity. You voluntarily accept and assume any and all risks, known or unknown, associated with your use of the Site and our services including, without limitation, the risk of physical or mental or emotional injury, minor and/or severe bodily harm, death, and/or illness, which may arise by any means, including, any acts, omissions, recommendations or advice given by Pippen Performance.

The content provided by Pippin Performance is for informational and educational purposes only and is not intended as medical advice or to replace a relationship with a qualified healthcare professional. Consult your healthcare professional before practicing any recommendations by us or acting upon any Content on the Site. As with any exercise program, if at any point during your workout you begin to feel faint, dizzy, or have any physical discomfort, you should stop immediately and consult a doctor. You are responsible for exercising within your limits and seeking medical advice and attention as appropriate. You agree that use of the Content is at your own risk and hereby hold Pippin Performance harmless from any and all losses, liabilities, injuries or damages resulting from your use of the Content or recommendations by Pippin Performance.

5. Not Advice

6. Content

The text, images, photographs, graphics, videos, logos, illustrations, descriptions, data, and other material on the Site, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the “Content”.

The Content may contain errors, omissions, or may be out of date. Pippin Performance may change, delete, or update Content at any time. The Content is provided for informational purposes only and is not binding on Pippin Performance.

All content, logos, graphics, pages, scripts, and service names included in or made available through any Site are subject to trade dress, trademarks, service marks, and/or copyright law and other laws that protect intellectual property in the U.S. and other countries. Pippin Performance’s intellectual property may not be used without Pippin Performance’s written permission. All other trademarks and service marks not owned by Pippin Performance that appear in any Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Pippin Performance.

You may view and use the Content for your personal information and for no other purpose, except as set forth in these Terms of Use. Pippin Performance does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Site.

The Contents of the Site do not constitute advice and should not be relied upon in making or refraining from making, any decision.

7. License

Pippin Performance hereby grants a license to temporarily download one copy of any downloadable materials on the Site for personal, non-commercial, and transitory viewing only.

As a licensee, you may not do any of the following without the express written consent of Pippin Performance:

  1. modify or copy the materials;
  2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  3. attempt to decompile or reverse engineer any software contained on ’the Site;
  4. remove any copyright or other proprietary notations from the materials; or
  5. transfer the materials to another person or ‘mirror’ the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions, or any other terms set forth in these Terms of Use, and such license may be terminated by Pippin Performance at any time, with or without cause. Upon termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

8. DISCLAIMER OF WARRANTIES

UNLESS PROHIBITED BY APPLICABLE LAW, PIPPIN PERFORMANCE MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO PIPPINPERFORMANCE.COM, ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION, AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, AND MATERIALS. PIPPIN PERFORMANCE ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF PIPPINPERFORMANCE.COM OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT PIPPINPERFORMANCE.COM OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH PIPPINPERFORMANCE.COM IS PROVIDED TO USERS “AS IS,” WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. THE “AS IS” CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF PIPPIN PERFORMANCE SERVICES.

9. LIMITATIONS

UNLESS PROHIBITED BY APPLICABLE LAW, PIPPIN PERFORMANCE SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE APPLICATION, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT PIPPIN PERFORMANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL PIPPIN PERFORMANCE BE LIABLE TO YOU FOR ANY AMOUNT.

10. Revisions

Pippin Performance may make changes to the Content at any time without notice. Pippin Performance does not, however, make any commitment to update the materials.

11. Links

Links to other websites operated by third parties, including Pippin Performance vendors, do not constitute sponsorship, endorsement, or approval by Pippin Performance of the content, policies, or practices of such linked sites. Pippin Performance does not operate, control, or maintain linked sites and is not responsible for their availability, content, security, policies, or practices. Links to other sites are provided for your convenience and you access them at your own risk.

12. Site Terms of Use Modifications

Pippin Performance may revise these Terms of Use at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms of Use, and it is your responsibility to review these Terms of Use and any modifications.

13. Dispute Resolution

By using the Site, you agree that all disputes, claims, or causes of action arising from or related to your use of the Site will be resolved through binding arbitration in Chicago, Illinois in accordance with the rules of the American Arbitration Association. ARBITRATION OF A DISPUTE, CLAIM OR CAUSE OF ACTION SHALL BE IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

These Terms of Use shall be construed in accordance with the laws of the state of Illinois, without giving effect to any choice or conflict of law provision. You agree to jurisdiction in Illinois and you will initiate any claim in connection with use of the Site or these Terms of Use in Cook County, Illinois.

Nothing in this Section shall prevent Pippin Performance from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Site.

14. Entire Agreement/Severability

These Terms of Use, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Pippin Performance, shall constitute the entire agreement between you and Pippin Performance. If any provision of these Terms of Use is deemed invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms of Use will remain in full force and effect.

15. No Waiver

No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Pippin Performance’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

16. Hold Harmless and Indemnity

To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Pippin Performance, its respective subsidiaries, affiliates, shareholders, officers, agents, licensors, co-branders or other partners, and employees from and against any third-party claim arising from or in any way related to your use of the Site, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation or mediation costs, and attorneys’ fees, of every kind and nature.

Copyright© 2019 Pippin Performance, LLC. All rights reserved.

Pippin Performance, Inc., USA

Updated on August 14, 2019

Online Coaching Agreement With Pippin Performance, LLC

This Online Coaching Agreement ( “Agreement”) is entered into by and between the Client ( Sometimes referred to as Me or I ) and Pippin Performance, LLC an Illinois limited liability company subject to the terms and conditions set forth herein. By accepting this Agreement online, I acknowledge that I have carefully reviewed, understand, agree with and intend to be bound by all terms and conditions set forth herein.

As the Client of Pippin Performance, LLC, I agree to pay for and participate in an online coaching program provided by Pippin Performance, LLC. These programs may include, strength training, flexibility development, mobility training, and aerobic exercise, under the guidance of Matthew Pippin.

Trainer Responsibilities

Pippin Performance, LLC will provide me with access to guiding videos, various forms of instruction and in some programs, I will have access to Matthew Pippin via coaching calls. A strength and mobility coach can help provide me with the motivation, education, guidance, and individual instruction to assist me in achieving my personal fitness goals.

Client Responsibilities and Assumption of Risk

I acknowledge that my coach is not a medical professional and cannot diagnose or treat medical conditions or impairments.

I represent and warrant that I am physically capable of participating in a strength, mobility, flexibility and aerobic training exercise program and to utilize the equipment associated with such training. I further represent and warrant that I am over the age of eighteen (18) years; and that I have either (a) had a physical examination and have been cleared by a physician to participate in this training program; or (b) decided to participate in this training program without the approval of a physician.

I acknowledge and understand that any exercise or physical training program involves the inherent risk of injury. In agreeing to proceed with the online coaching program, I hereby accept and assume the risk of any injury that may occur to me directly or indirectly arising from or relating to the coaching program and I hereby waive and release any claims for personal injuries to me arising out of or in any fashion related to the coaching program or any other services provided by Pippin Performance, LLC, Matt Pippin or any owners, agents, employees or affiliates of Pippin Performance, LLC.

Sales Policy & Refunds

Each online program sold is licensed to a single user only. Customers are not allowed to copy, distribute, share and/or transfer the product/s they purchased to any third party or person.

All online coaching purchases made with Pippin Performance, LLC are refundable within 30 days of purchase. Please contact us at [email protected] to see how we can remedy any problems you may have with this or refund the amount in full.

Payments

All transactions conducted through Pippin Performance, LLC are handled by a dedicated third party to ensure your information is secure. Card information is not stored, and all card information is handled by Teachable Payments and Custom Payment Gateways. Please read the terms & conditions for Teachable when you receive request for payment, as they are responsible for the transactions made.

Program

Upon completion of this Online Coaching Agreement and payment verification, the Client will receive access to their online portal, delivered to the email address provided.

Privacy

I understand that Pippin Performance, LLC is committed to preserving my privacy, but that Pippin Performance, LLC may be required to disclose my personal information when required by law and I hereby give my consent to Pippin Performance, LLC to make any such disclosure as may be required by law. Pippin Performance, LLC will not sell my name or other private information to third parties.

Applicable Law and Jurisdiction

This Agreement shall be subject to and interpreted in accordance with the laws of the State of Illinois and I hereby consent to personal jurisdiction of the Courts of the State of Illinois. Any action in law or equity arising out of or related to this Agreement, the coaching program or any services provided by or through Pippin Performance, LLC shall be brought and maintained in Chicago, Illinois subject to the dispute resolution provisions of this Agreement.

Dispute Resolution

In the event of any dispute or legal proceeding between the parties to this Agreement, the parties agree that the sole and exclusive method of dispute resolution shall be binding arbitration through a single arbitrator who shall be a retired judge on the panel of Judicate offices located in Chicago, IL. The parties shall abide by the rules of procedure provided by Judicate including rules for selecting a mutually agreeable arbitrator. The arbitrator shall apply Illinois Law with respect to all matters of substance and procedure. The parties shall share all arbitration costs including the arbitrator’s fees equally. The decision of the arbitrator shall be final, binding and not appealable. The decision of the arbitrator may be filed in the Circuit Court of Cook County and enforced as a judgment. Client agrees that any arbitration shall be prosecuted individually and not as part of any collective or class action.

Prevailing Party

In the event of any legal proceeding between the parties, including any binding arbitration, the prevailing party shall be entitled to recover reasonable attorney’s fees, including but not limited to filing fees, arbitrator’s costs and fees and expert fees.

Action Against Company Only

Client agrees that any claim shall be directed to Pippin Performance, LLC an Illinois limited liability company only and not against Matt Pippin as an individual or any owner, agent, officer, director or employee of Pippin Performance, LLC.

No Guaranteed Results

Client acknowledges that in entering into the coaching and fitness program, that results may vary depending on numerous factors including individual characteristics and level of fitness and dedication. No guarantees have been extended by Pippin Performance, LLC.

Release & Waiver

In consideration of this agreement to provide fitness coaching, I hereby agree to waive, release, discharge, and hold harmless Pippin Performance, LLC, Matt Pippin and their agents, heirs, assigns, contractors, and employees from and against any and all claims, demands, damages, rights of action, causes of action or injuries of any kind or nature, known and unknown, present or future, arising out of or in any fashion related to my participation in this coaching program or any program offered by Pippin Performance or any other services provided by, through or on behalf of Pippin Performance, LLC. I understand that Pippin Performance, LLC and its owners, agents, employees and associates will NOT be responsible for any medical costs associated with any injury I may sustain. I also understand that I should and am urged by Pippin Performance, LLC to obtain adequate health and accident insurance to cover any personal injury to myself which may occur. In the event that this waiver is ruled to be not enforceable for any reason then I agree that any recover I may receive in connection with any claim arising hereunder shall be limited to the return of fees for Coaching paid hereunder.

I understand that any exercise program, whether or not requiring the use of exercise equipment, is a potentially hazardous activity involves a risk of injury, including abnormal changes in blood pressure, fainting, and a remote risk of heart attack, stroke, other serious disability or death. I am voluntarily participating in these activities with full knowledge, understanding and appreciation of the dangers involved. I hereby agree to expressly assume and accept any and all risks of injury, regardless of severity, or death. I understand that an examination by a physician should be obtained by anyone prior to commencing a fitness, nutrition, exercise program or any combination of these activities. If I have chosen not to obtain a physician’s consent prior to beginning this fitness program, I hereby expressly acknowledge that I am doing so solely at my own risk.

Client Declaration

By purchasing the online coaching program. I declare that I have carefully read, understand and agree to the contents of this Online Coaching Agreement in its entirety. I am aware and agree that by executing this waiver and release, I am giving up my right to bring a legal action or assert a claim against trainer for trainer’s negligence, or for any defective product used while receiving online coaching from trainer. I have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made. I expressly agree and assert that my participation in these programs is voluntary. I knowingly assume all risks and elect to proceed with the participating in the programs despite all the risks. I acknowledge that I am signing this document freely and voluntarily and intend, by my signature, the complete and unconditional release of all liability to the greatest extent allowed by law.