Terms and Conditions
Last Updated on December 22, 2022
Assumption of Risk, Waiver and Release of Liability, and Indemnity
For the purposes of this document, “Club Sculpt” encompasses all classes, courses, fitness programs,
videos, webinars, or other information on the Club Sculpt website and or provided by Club Sculpt in any
other forum and in any other manner.
OVERVIEW
By visiting this website and/or purchasing something from Club Sculpt you engage in the ‘Service’ and
agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”, “Terms and
Conditions”), including those additional terms and conditions and policies referenced herein and/or
available by hyperlink. Those Terms of Service apply to all users of the site, including without limitation
users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Services carefully before accessing or using the website www.joinclub
sculpt.com. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If
you do not agree to all the terms and conditions of this agreement, then you may not access the website
or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to
these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of
Service. You can review the most current version of the Terms of Service at any time on this page. Club
Sculpt reserves the right to update, change or replace any part of these Terms of Service by posting
updates and/or changes to this website. It is your responsibility to check this page periodically for
changes. Your continued use of or access to the website following the posting of any changes constitutes
acceptance of those changes.
ASSUMPTION OF RISK
You agree that if you engage in any physical exercise or activity, change your diet or any lifestyle factors,
you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer,
whether while engaging in physical exercise or not. This includes injury or damage sustained while
and/or resulting from following any advice whether provided to you by Club Sculpt and its
representatives as a part of Club Sculpt or otherwise, including injuries or damages arising out of the
negligence of Club Sculpt and its representatives, whether active or passive.
Your assumption of risk includes, but is not limited to, your application of Club Sculpt and your use of any
exercise equipment (mechanical or otherwise), sports fields, courts, or other areas, locker rooms,
sidewalks, parking lots, stairs, pools, whirlpools, saunas, steam rooms, lobby or other general areas of
any facilities, or any equipment.
You assume the risk of your participation in any activity, class, program, instruction, or event as a part of
Club Sculpt, including but not limited to weightlifting, walking, jogging, running, aerobic activities,
aquatic activities, tennis, basketball, volleyball, racquetball, or any other sporting or recreational
endeavor.

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You assume the risk of any complications, health or otherwise, that may result from participation in Club
Sculpt. You represent and warrant that you are physically fit and have no medical condition which would
prevent your full participation in Club Sculpt.
You agree that you are voluntarily participating Club Sculpt and assume all risk of injury, illness, damage,
or loss to you or your property that might result, including, without limitation, any loss or theft of any
personal property, whether arising out of the negligence of Trainer or otherwise.
RELEASE
You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators,
agents, and assigns) to release and discharge Club Sculpt and its representatives (and Club Sculpt and its
representatives, affiliates, related entities, employees, agents, representatives, successors, and assigns)
from any and all claims or causes of action (known or unknown) arising out of the negligence of Club
Sculpt and its representatives, whether active or passive.
This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a)
your use of any exercise equipment or facilities which may malfunction or break, (b) improper
maintenance of any exercise equipment, premises or facilities, (c) negligent instruction or supervision,
including personal training, and/or (d) slipping or tripping and falling while implementing Club Sculpt or
while traveling for Club Sculpt, including injuries resulting from Trainer’s or anyone else’s negligent
inspection or maintenance of the facility or premises.
INDEMNIFICATION
By execution of this agreement, you hereby agree to indemnify and hold harmless Club Sculpt and it’s
representatives from any loss, liability, damage, or cost Club Sculpt and its representatives may incur due
to the provision of providing Club Sculpt to you.
ACKNOWLEDGMENTS
You expressly agree that the foregoing release, waiver, assumption of risk and indemnity agreement is
intended to be as broad and inclusive as permitted by the law in the State of California and that if any
portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal
force and effect.
You acknowledge that Club Sculpt includes instruction about fitness and health and recognize that these
activities may cause physical injury and are fully aware of the risks and hazards involved.
You acknowledge that it is your responsibility to consult with a physician prior to and regarding your
participation in Club Sculpt.
This release is not intended as an attempted release of claims of gross negligence or intentional acts. You
acknowledge that you have carefully read this waiver and release and fully understand that it is a release
of liability, express assumption of risk and indemnity agreement.
You are aware and agree that by executing this waiver and release, you are giving up your right to bring a
legal action or assert a claim against trainer for trainer’s negligence, or for any defective product used
while receiving personal training from trainer. You have read and voluntarily agreed to the waiver and

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release and further agree that no oral representations, statements, or inducement apart from the
foregoing written agreement have been made.
DISCLAIMERS
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY
PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS
CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE”
BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED
BY LAW, CLUB SCULPT, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY
AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE,
CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO
THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS
SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CLUB SCULPT, ITS AFFILIATES, AND
THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF
TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B)
RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE
OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.
WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT
FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).
CLUB SCULPT does not endorse and is not responsible for statements, advice and opinions made by
anyone other than authorized CLUB SCULPT spokespersons. WE DO NOT ENDORSE AND ARE NOT
RESPONSIBLE FOR ANY statements, advice or opinions CONTAINED IN USER-GENERATED CONTENT AND
SUCH statements, advice AND opinions DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND
OPINIONS OF CLUB SCULPT. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE
POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED
SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS,
EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS
DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
This disclaimer governs the use of this fitness program, videos, coaching, shared information and
services accessory to it. By using this fitness program, videos, coaching, shared information and services
accessory to it you accept this disclaimer in full.
Club Sculpt and its representatives are not Medical Doctors or Registered Dietitians. The contents of the
information and classes on this site and or shared by should not be taken as medical advice. It is not
intended to diagnose, treat, cure, or prevent any health problem, nor is it intended to replace the advice
of a physician. The use of any information provided on this fitness program, videos, coaching, shared
information and services accessory to it is solely at your own risk. We will not assume liability for any
direct or indirect losses or damages that may result including, but not limited to, economic loss, injury,
illness, or death. Since this fitness program does not involve any kind of live interaction with a certified
personal trainer, exercise care while performing all exercises and/or applying all advice herein.

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You should consult your physician or other health care professional before starting this or any other
fitness program to determine if it is right for your needs. This is particularly true if you (or your family)
have a history of high blood pressure or heart disease, or if you have ever experienced chest pain when
exercising or have experienced chest pain in the past month when not engaged in physical activity,
smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a
change in physical activity. Do not start this fitness program if your physician or health care provider
advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while
exercising you should stop immediately and consult a health professional.
This fitness program, videos, coaching, shared information and services accessory to it offer health,
fitness and nutritional information and are designed for educational purposes only. You should not rely
on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or
treatment. If you have any concerns or questions about your health, you should always consult with a
physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health
related advice from your health-care professional because of something you may have read on this
fitness program, videos, coaching, shared information and services accessory to it
Developments in medical research may impact the health, fitness and nutritional advice that appear
here. No assurance can be given that the advice contained in this fitness program, coaching and services
accessory to it will always include the most recent findings or developments with respect to the
particular material.
If you think you may be suffering from any medical condition you should seek immediate medical
attention. You should never delay seeking medical advice, disregard medical advice, or discontinue
medical treatment because of information in the fitness program, videos, coaching, shared information
and services accessory to it
To the maximum extent permitted by applicable law, I exclude all representations, warranties,
undertakings and guarantees relating to the fitness program, videos, coaching, shared information and
services accessory to it
Without prejudice to the generality of the foregoing paragraph, I do not represent, warrant, undertake
or guarantee:
● that the information in the fitness program, videos, coaching, shared information and services
accessory to it is correct, accurate, complete or non-misleading;
● that the use of the guidance in the fitness program, coaching and services accessory to it will
lead to any particular outcome or result; or
● in particular, that by using the guidance in the fitness program, videos, coaching, shared
information and services accessory to it you will improve your health or help you lose weight.
All documents included or exchanged between Club Sculpt and its representatives, and the Client are the
intellectual property of Club Sculpt and its representatives and are not to be copied, sold, published,
posted, or redistributed either in part or in full without the written consent of Club Sculpt and its
representatives. All violations will be prosecuted to the fullest extent of the law.
LIMITATION OF LIABILITY

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TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND
DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING
INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR
CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME
OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY
KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR
LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. YOU ASSUME TOTAL
RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS
YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS
BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY
REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE
WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).
This Site gives you specific legal rights and you may also have other rights which vary from country to
country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the
limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow
limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set
out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable
jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do
not seek to exclude or limit liability for fraudulent misrepresentation.
Your Acceptance of These Terms of Use
These Terms of Use apply to all users of this Site. By using this Site you are agreeing to comply with and
be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access or use
this Site.
Your Acceptance of Our Privacy Policy
By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy, which is expressly
incorporated herein. Before using this Site, please carefully review our Privacy Policy. All personal
information provided to us as a result of your use of this Site will be handled in accordance with our
Privacy Policy. To the extent there are inconsistencies between these Terms of Use and our Privacy Policy,
these Terms of Use control.
Your Consent to Other Agreements
When you sign up to use a special feature of this Site, you may be asked to agree to special terms
governing your use of the special feature. In such cases, you may be asked to expressly consent to the
special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of
agreement is known as a “click-through” agreement. If any of the terms of the click-through agreement
are different than the terms of these Terms of Use, the terms of the click-through agreement will
supplement or amend these Terms of Use, but only with respect to the matters governed by the
“click-through agreement.”

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Ownership of this Site and its Content
This Site, including all its Content are protected under applicable intellectual property and other laws,
including without limitation the laws of the United States and other countries. All Content and
intellectual property rights therein are the property of Club Sculpt, or the material is included with the
permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.
The presence of any Content on this Site does not constitute a waiver of any right in such Content. You
do not acquire ownership rights to any such Content viewed through this Site. Except as otherwise
provided herein, none of this Content may be used, copied, reproduced, distributed, republished,
downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not
limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior
written permission.
Permission is hereby granted to the extent necessary to lawfully access and use this Site and to display,
download, or print portions of this Site on a temporary basis and for your personal, educational,
noncommercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all
copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the
Content on any network computer or broadcast the Content in any media.
Trademarks
The Club Sculpt names and logos, all product and service names, all graphics, all button icons, and all
trademarks, service marks and logos appearing within this Site, unless otherwise noted, are trademarks
(whether registered or not), service marks and/or trade dress of Club Sculpt. All other trademarks,
product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or
otherwise indicated within this Site are the property of their respective owners. You are not authorized
to display or use the Club Sculpt marks in any manner without our prior written permission. You are not
authorized to display or use trademarks, product names, company names, logos, service marks and/or
trade dress of other owners featured within this Site without the prior written permission of such
owners. The use or misuse of the Club Sculpt marks or other trademarks, product names, company
names, logos, service marks and/or trade dress or any other materials contained herein, except as
permitted herein, is expressly prohibited.
Responsibility for User-Generated Content Posted on or Through this Site
You are responsible for User-Generated Content that you post. Under no circumstances will we be liable
in any way for any UGC.
This means that you, not Club Sculpt, are entirely responsible for all UGC that you post and that you can
be held personally liable for comments that are defamatory, obscene, or libelous, or that violate these
Terms of Use, an obligation of confidentiality, or the rights of others. If any part of the UGC you post is
not your original work, it is your responsibility to obtain any necessary permission to post it.
Because we do not control the UGC posted on or through this Site, we cannot and do not warrant or
guarantee the truthfulness, integrity, suitability, or quality of that UGC. You also agree and understand
that by accessing this Site, you may encounter UGC that you may consider to be objectionable. We have
no responsibility for any UGC, including without limitation any errors or omissions therein. We are not

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liable for any loss or damage of any kind you may claim was incurred as a result of the use of any UGC
posted, emailed, transmitted or otherwise made available on or through this Site. The UGC posted on or
through this Site expresses the personal opinions of the individuals who posted it and does not
necessarily reflect the views of Club Sculpt, or any person or entity associated with Club Sculpt.
You own User-Generated Content, but we may use it. You own the copyright in any original UGC you
post. We do not claim any copyrights in UGC. However, by using this Site you are granting us and our
subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual,
irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of
sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove,
retain repurpose, and commercialize UGC you post in any and all media or form of communication
whether now existing or hereafter developed, without obtaining additional consent, without restriction,
notification, or attribution, and without compensating you in any way, and to authorize others to do the
same. For this reason, we ask that you not post any UGC that you do not wish to license to us, including
any photographs, videos, confidential information, or product ideas.
We may disclose and/or remove User-Generated Content. Club Sculpt has certain rights. We have the
right (but do not assume the obligation) to:
monitor all UGC;
require that you avoid certain subjects;
remove or block any UGC at any time without notice at our sole and absolute discretion;
disclose any UGC and the identity of the user who posted it in response to a subpoena or whenever we
believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a
possible crime or other violation of law, to protect the rights of Club Sculpt or others, or to enforce these
Terms of Use; and
terminate your access to and use of this Site, or to modify, edit or block your transmissions thereto in
our sole discretion.
You agree that our exercise of such discretion shall not render us the owners of UGC you post, and that
you will retain ownership thereof as described above.
Restrictions on User-Generated Content. It is a condition of these Terms of Use that you do not:
upload, post, transmit or otherwise make available
any UGC that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory,
obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy;
any UGC that constitutes or encourages activity illegal under criminal or civil law;
any UGC that is false, misleading, or fraudulent;
any UGC that you do not have a right to make available under any law or under contractual or fiduciary
relationships (such as inside information or proprietary and confidential information learned or disclosed
as part of employment relationships or under nondisclosure agreements);

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any UGC that violates or infringes upon the rights of others, including UGC which violates the patent
rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality
rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;
any UGC that contains the image, name or likeness of anyone other than yourself, unless (i) that person
is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is
under eighteen years old but you are his/her parent or legal guardian;
any request for or solicitation of any personal or private information from any individual;
any request for or solicitation of money, goods, or services for private gain;
any material that contains software viruses 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; or
any UGC that contains advertising, promotions or marketing, or which otherwise has a commercial
purpose;
impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person
or entity; or
violate any local, state, national or international law, rule or regulation.
By posting User-Generated Content, you represent and warrant that (i) you own or otherwise control all
of the rights to the UGC and have the right to grant the license set forth in these Terms of Use; (ii) the
UGC is accurate, and (iii) you have read and understood—and your UGC fully complies with—these
Terms of Use and applicable laws and will not cause injury to any person or entity.
Removal of Content
In general. You can seek removal of objectionable UGC by contacting us using the information provided
below. We will review all such requests and will remove UGC that we determine should be removed, in
our sole discretion and in accordance with these Terms of Use and applicable law. Please be aware,
however, that if the UGC has already been distributed to other websites or published in other media, we
will not be able to recapture and delete it. Also, a back-up or residual copy of the UGC we remove from
this Site may remain on back-up servers.
Violation of copyrights. Club Sculpt does not knowingly violate or permit others to violate the copyrights
of others. We will promptly remove or disable access to material that we know is infringing or if we
become aware of circumstances from which infringing activity is apparent.
If you are requesting removal of content because of a violation of your copyrights, please note that the
Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who
believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you
believe that your own work, or the work of a third party for whom you are authorized to act, is featured
on this Site or has been otherwise copied and made available on this Site in a manner that constitute
copyright infringement, please notify us immediately. Your notice must be in writing and must include:

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an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of
the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on this Site (including the URL,
title and/or item number if applicable, or other identifying characteristics);
your name, address, telephone number, and email address, and, if you are not the owner of the
copyright, the name of the owner; and
a written statement by you that you have a good-faith belief that the disputed use is not authorized by
the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate
and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Your statement must be addressed as follows:

Club Sculpt
jessclubsculpt@gmail.com
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with
requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer
upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.
Your Feedback
Although we do not claim ownership of User-Generated Content you post using this Site, the Feedback
you provide to us through this Site will be and remain our exclusive property. Your submission of
Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback,
including all copyrights and other intellectual property rights in your Feedback. We will be entitled to
reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and
modify any Feedback you submit for any purpose whatsoever, without restriction and without
compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not
wish to assign to us.
Your Obligations
In consideration of your use of this Site, you agree that to the extent you provide personal information to
Club Sculpt it will be true, accurate, current, and complete and that you will update all personal
information as necessary.
To the extent you create an account through this Site, you understand and agree that any account you
create, including your username and password, are personal to you and may not be used by anyone else.
You are responsible for maintaining the confidentiality of your username and password and are fully
responsible for all activities that occur under your username and password by you or by anyone else
using your username and password, whether or not authorized by you. You agree to change your

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password immediately if you believe your password may have been compromised or used without
authorization. You also agree to immediately inform us of any apparent breaches of security such as loss,
theft or unauthorized disclosure or use of your username or password by contacting us using the
information provided below. Until we are so notified you will remain liable for any unauthorized use of
your account.
You agree to use this Site in a manner consistent with any and all applicable rules and regulations. You
agree not to upload or transmit through this Site any computer viruses, trojan horses, worms or anything
else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any
unauthorized modification, tampering or change of any information, or any interference with the
availability of or access to this Site is strictly prohibited. We reserve all rights and remedies available to
us.
Links to Third-Party Websites
This Site may provide links to other websites operated by third parties. Because we have no control over
third-party websites, we are not responsible for the availability of those websites and do not endorse
and are not responsible or liable for any content, advertising, services, products, or other materials on or
available from such websites. Club Sculpt 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 on any
content, advertising, services, products, or other materials on or available from such websites. These
Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the
terms and policies of the owner of such websites.
Modification and Discontinuation
We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue,
temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products
and/or services available through this Site (or any part thereof) with or without notice. You agree that
we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension
or discontinuance of this Site.
Waiver
Our failure at any time to require performance of any provision of these Terms of Use or to exercise any
right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be
in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Club
Sculpt of any breach of any provision of these Terms of Use or of any right provided for herein will be
construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision
itself, or a waiver of any right under these Terms of Use.
Severability
If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law,
such provision will be changed and interpreted so as to best accomplish the objectives of the original
provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use will
remain in full force and effect.
Governing Law, Jurisdiction and Venue

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These Terms of Use will be governed under the laws of the State of California without regard to its
conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Use will
be venued exclusively in state or federal court in the City and County of San Diego, California. You
hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes.
However, we retain the right to bring legal proceedings in any jurisdiction where we believe that
infringement of these Terms of Use is taking place or originating.
Indemnity
You agree to indemnify and hold Club Sculpt, its subsidiaries, and affiliates, and their respective officers,
agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable
attorneys’ fees, made by any third party due to or arising out of your use of this Site in violation of these
Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your
representations and warranties set forth above and/or if any material that you post using this Site causes
us to be liable to another. We reserve the right to defend any such claim, and you agree to provide us
with such reasonable cooperation and information as we may request.
These Terms of Use May Change
These Terms of Use are current as of the effective date set forth above. Club Sculpt reserves the right to
change these Terms of Use from time to time consistent with applicable laws and principles. These
changes will be effective as of the date we post the revised version on this Site. Your continued use of
this Site after we have posted the revised Terms of Use constitutes your agreement to be bound by the
revised Terms of Use. If at any time you choose not to accept these Terms of Use, you should not use this
Site.
Entire Agreement
These Terms of Use (together with our Privacy Policy and any Privacy Notices or click-through
agreements applicable to you) contain the entire understanding and agreement between you and Club
Sculpt with respect to this Site and supersede all previous communications, negotiations, and
agreements, whether oral, written, or electronic, between you and Club Sculpt with respect to this Site
and your use of this Site.

Definitions
The term “Content” refers to all of the software and code comprising or used to operate this Site, and all
of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips,
and other materials available on this Site, including User-Generated Content and Feedback.
The term “Feedback” refers to the Content you post on or through this Site that is specifically about how
we can improve this Site and the products and services we make available through this Site.
The term “including” means “including, but not limited to.”
The term “Site” refers to any website owned by Club Sculpt on which these terms of use are posted.

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The terms “Club Sculpt,” “we,” “us,” and “our” refer to Club Sculpt.
The term “User-Generated Content” or “UGC” means all of the text, photographs, images, illustrations,
graphics, sounds, video and audio-video clips, and other content you post using the social networking
tools we make available to you and that does not constitute “Feedback.”
Questions
If you have any questions about this site or these Terms of Use, please contact us using the following
information:
Club Sculpt: jessclubsculpt@gmail.com
Copyright 2020 - Your Name, Company Name - All Rights Reserved
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