YOU lead Conditions of Use
YOU LEAD Conditions of Use
Last Updated: April 04, 2021
YOU LEAD provides the YOU LEAD Services subject to the following conditions. By using YOU LEAD Services, you agree to these conditions. Please read these Conditions of Use carefully.
YOU LEAD offers health, fitness and wellness services ("YOU LEAD Services" or "Services") to be provided by YOU LEAD Certified Personal Trainers ("Trainer" or "Trainers") to Clients.
YOU LEAD may change or modify these Conditions of Use from time to time and we invite you to check our pricing update on the "personal training" section. Your continued use of the YOU LEAD Services will signify your continued agreement to the Conditions of Use as they may be revised.
You agree and warrant that you are 18 years of age or older and that you are authorized to accept these Conditions of Use. You agree with the attached Informed Consent and Assumption of Risk and Release of Liability and also agree to inform YOU LEAD and its Trainers of any and all conditions, medical or otherwise, that may affect your ability to participate in Training Sessions.
You further represent and warrant that your use of the YOU LEAD Services and the MindBody App is for your sole and personal use and that you will not authorize others to use your MindBody App account or user status, or assign or otherwise transfer your account to any other person or entity.
If you do not agree to these Conditions of Use, you may not access the MindBody Application or access or receive YOU LEAD Services.
1. In this Agreement, the following defined terms will apply:
(i) The term “company”, “we”, “us”, or “YOU LEAD” means YOU LEAD LLC, a Maryland limited liability company;
(ii) The terms “Clients” or “Client" or “User”, “Users” and the word “you” or “your” refer to any person using YOU LEAD Services, and/or using the MindBody App to facilitate payment of Services;
(iii) The terms “YOU LEAD Services” or “Services” mean (i) those health, fitness and wellness services provided to Clients by YOU LEAD Trainers (ii) mean the YOU LEAD appointment booking service made available to facilitate commercial connections for Services between Customers and Trainers; and (ii) the means provided by YOU LEAD for Customers to access the MindBody App in order to pay for Services. The YOU LEAD Services also includes any and all related software or other technology and know-how whether owned by YOU LEAD or a third party and utilized in connection with the YOU LEAD Services;
(iv) The terms “Trainers” or "Trainer" refers to YOU LEAD Certified Personal Trainers who will create exercise programs geared to your level and experience in order to meet your goals.
(v) The terms "Training Sessions", "Sessions" or "Session" mean those health, fitness and wellness services provided to Clients by Trainers and shall include, but are not limited to the following activities: testing of physical fitness; exercise; aerobics conditioning; cardiovascular training; balance; weight lifting and stretching.
(vi) The term “content” means text, information or related material; graphics and images; audio, including music; video and software existing or made available through the YOU LEAD Services. Content includes any content that YOU LEAD makes available, including that which is licensed from a third party (including, if applicable, through MindBody), but it does not include any User or Trainer content. The term “User content” refers to content that a User posts, uploads, publishes, submits or otherwise transmits to be made available through the YOU LEAD Services or MindBody App. The term “Trainer Content” refers to content that a Trainer posts, uploads, publishes, submits or otherwise transmits to be made available through the YOU LEAD Services.
For YOU LEAD to schedule and proceed with payments for Training Sessions, we will send you a link to create an account through the MindBody App, which is owned and operated through MindBody, Inc. You are required to establish an account with MindBody in order to use the MindBody App and the MindBody Terms control your use of the MindBody App, including how MindBody, Inc. collects, processes and stores any information you provide through the MindBody App.
Communications between you and your Trainer will be as mutually agreed and shall be through telephone, text, and/or email (or any other agreed upon communication methods). You and your Trainer will jointly agree upon the schedule for your Session. Trainer will schedule Session for you in Trainer's schedule on the MindBody App and you will receive an automatic confirmation by email from us: firstname.lastname@example.org
You have no access to the scheduling platform. Sessions will last 50min.
4. Payments and Related Terms
Pricing for Training Sessions is listed online on our website www.you-lead.us in the "personal training" section and is subject to change at any time.
Fees become payable immediately upon the scheduling of any Session. Fees are processed through the MindBody App upon conclusion of each Session. Fees are non-refundable, other than for Session cancelled at least 24 hours in advance of the Session start time. No refunds, credits or other amounts will be provided, except in cases of charge-related numeric errors by us or by MindBody. MindBody errors must be addressed directly with MindBody, Inc. In order to use the MindBody App, you must provide information for at least one valid and operational credit card through the MindBody App. You may at any time edit such information on your profile.
To the extent permitted by law, you understand and agree that we may use MindBody, Inc. or any other third party as Company payment processor to process payments for Sessions and in connection with any other products, programs or services ordered through the YOU LEAD.
It is your responsibility to maintain the confidentiality of your MindBody App account information, including any name, password and other information submitted through the MindBody App to Company or to MindBody, Inc. You may not assign or otherwise transfer your account to any other person or entity, nor may you allow others to use your user status. You may authorize Company to make changes to your MindBody App account information, other than to your credit card information.
YOU LEAD has no control over the use of any Client account, except to the limited extent provided for above and YOU LEAD hereby disclaims any liability in connection therewith. You expressly hold YOU LEAD harmless for any misuse, appropriation of funds, or other improper activity in connection with the use of the YOU LEAD Services or your MindBody App account.
5. Cancellation, Rescheduling
You shall provide twenty-four (24) hour notice of any necessary cancellation or rescheduling of a scheduled Session. Failure to provide twenty-four (24) hour notice shall result in Client being charged the full rate for the Session. if you need to reschedule or cancel a Session, please contact us at: email@example.com ; and you must also communicate it to your Trainer.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless YOU LEAD, from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the YOU LEAD Services or of the MindBody App, (b) your violation of these Conditions of Use, (c) your violation of the rights of another, and (d) any third party’s use or misuse of the YOU LEAD Services or MindBody App. You agree to promptly notify us of any Claims and cooperate with us in defending such Claims. You further agree that YOU LEAD shall have control of the defense or settlement of any Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and YOU LEAD.
7. Termination, Suspension
YOU LEAD reserves the right to terminate, suspend, or modify without notice the YOU LEAD Services and/or these Conditions of Use and/or its relationship with MindBody, Inc. and/or any Trainer at any time, including in connection with your breach of any of these Conditions of Use or your breach of any terms applicable to your use of the MindBody App. You agree that no termination or modification shall give rise to any liability whatsoever on the part of the company.
In addition, we reserve the right to pursue all other available legal rights and remedies available to us and you agree that, following termination or suspension, we have the right to enforce these Conditions of Use against you.
You may terminate these Conditions of Use at any time by ceasing to use the YOU LEAD Services.
8. Disclaimers, No Warranties
While we fully believe exercise, specifically exercised and personalized to you, is beneficial to your health and wellness, we cannot guarantee any results of Training Sessions. we make no representations and/or warranties that you will lose weight, gain muscle mass, be able to engage in any specific physical and/or athletic activity, or will attain any other particular and/or specific results.
In using the YOU LEAD Service and/or MindBody App, you further expressly understand, acknowledge and agree that:
a. Your use of the YOU LEAD Services and of the MindBody App is at your own risk, and YOU LEAD has no responsibility for, and undertakes no liability with respect to, the Services or with respect to MindBody, Inc. in connection with your use of the MindBody App or by any other third party provider providing services or products in connection with your access to or use of any of the foregoing. The YOU LEAD Services are provided strictly on an “as is” basis without any warranties of any kind, either express or implied, statutory or otherwise, including but not limited to warranties of merchantability, suitability for any particular use or purpose or non-infringement. YOU LEAD expressly disclaims all warranties, representations, conditions or indemnities, express or implied, in connection with the provision of Services, including without limitation, any representation or warranty as to the information provided about Trainer(s) and any acts or omissions of MindBody, Inc.
b. Neither YOU LEAD, MindBody, Inc. nor any of their affiliates, subsidiaries, owners, shareholders, directors, officers, employees, attorneys, managers, representatives, agents, licensors or licensees (collectively, the “Released Parties”) is or shall be deemed liable or otherwise responsible for any claim, injury, loss or direct damage or any special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, and even if advised of the possibility of such damages, which arise out of or are in any way connected with (a) these Conditions of Use, (b) your use of the YOU LEAD Services, or of the MindBody, Inc. App, (c) any act or omission on the part of YOU LEAD, or of a Trainer or MindBody, Inc. whether or not related to the services offered or delivered through the YOU LEAD Services. For clarity, YOU LEAD disclaims any responsibility of injury, damage or loss in connection with the use of any equipment or for injury or loss incurred in the course of any exercise or other physical activity performed at the direction, request or suggestion of any YOU LEAD Trainer. You therefore hereby release and hold harmless YOU LEAD and the remaining Released Parties from any and all types or kinds of claims, demands, damages (whether known or unknown, disclosed or undisclosed) and liabilities of every kind described in the preceding sentence, that may be in any way connected to the access to or use of the YOU LEAD Services, the MindBody App, Training Sessions, and/or disputes between you and MindBody, Inc.
c. IN NO EVENT SHALL YOU LEAD OR ANY OTHER RELEASED PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE COMPANY SERVICES, OR ANY CONTENT OR OF THE MINDBODY APP OR ANY TRAINING SESSIONS, OR ANY ORDER, RECEIPT OR USE OF ANY COMPANY SERVICES OR OTHERWISE RELATED TO THESE CONDITIONS OF USE (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM COMPANY OR ANY RELEASED PARTY, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO YOUR INFORMATION, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF COMPANY AND THE OTHER RELEASED PARTIES (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO (A) THE ORDER, RECEIPT OR USE OF COMPANY SERVICES OR OTHER PROGRAMS, PRODUCTS OR SERVICES PURCHASED THROUGH THE COMPANY SERVICES, OR (B) ACCESS OR USE THE MINDBODY APP, EXCEED THE GREATER OF $500 OR THE AMOUNT YOU PAID IN CONNECTION WITH THE COMPANY SERVICES THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE COMPANY'S AND THE OTHER RELEASED PARTIES’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE COMPANY AND THE OTHER RELEASED PARTIES FROM AND AGAINST, AND COVENANT NOT TO SUE ANY OF THEM FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE CONDITIONS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer services, so this limitation may not apply to personal injury claims.
d. We do not represent, warrant or guarantee that the YOU LEAD Services or the MindBody App will be continuously available or secure from or free of trojan horses, worms, or any other viruses, that might cause damage to your software or hardware or otherwise cause you harm.
9. Dispute Resolution, Governing Law
These Conditions of Use, your access to and use of YOU LEAD Services shall be governed by and construed and enforced in accordance with the laws of the State of Maryland, without regard to conflict of law rules or principles (whether of the State of Maryland or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties shall be resolved in the state or federal courts of the State of Maryland. YOU LEAD and Client each agree to waive all right to a jury trial in connection with any matters covered by these Conditions of Use.
10. PRIVACY STATEMENT
YOU LEAD does not capture any of your personal information, other than information contained in any emails that you send to us, requesting YOU LEAD Services. This information could include such personal information as your name, address, email address, telephone number and any information regarding your health that you would like to address. We may also access your personal information provided through the MindBody App, to the extent that you have authorized us to do so (as described above).
YOU LEAD may use your personal information for various purposes, including to deliver the Services and to facilitate your use of Services; send you confirmation notices, as described elsewhere in these Conditions of Use; provide, maintain and improve YOU LEAD Services; and identify appropriate Trainers based on your specific needs; detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of YOU LEAD and others; and to carry out any other purpose for which the information was collected.
We may share your personal information as described in this Policy, including as described below, with our Trainer(s) who need access to such information to carry out work or perform Services on company's behalf; with Trainers in connection with the initial introduction of you to a Trainer to arrange Services and thereafter to the extent you have authorized a Trainer to provide you with Services; with MindBody if you have authorized us to access and modify your information in the MindBody App; in response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law, or legal process; if we believe your actions are inconsistent with these Conditions of Use or other policies, or to protect the rights, property or safety of YOU LEAD or others, including to defend against legal claims; in order to investigate, prevent or take other action regarding actual or suspected illegal activity or other wrongdoing; to protect and defend our rights, property or safety, our Trainers, or agents, or any other third parties; in connection with, or during negotiations of, any merger, acquisition, sale of assets or any business, other change of control transaction or financing relating to YOU LEAD; the recipient of your personal information may subsequently use your Information under the terms of their own privacy policies, which may differ from the provisions in these Conditions of Use; and between and among YOU LEAD and any current or future parent, subsidiary and/or affiliated company.
PLEASE NOTE that Trainers and any other third party to whom you provide personal information (including MindBody), may retain or use such Information whether or not you choose to transact business with them. You should contact such Trainers and other third parties directly concerning their respective privacy and information sharing practices and policies.
YOU LEAD takes reasonable and industry-appropriate measures to help protect Information from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Please understand, however, that no security system is impenetrable. Like other companies, YOU LEAD cannot guarantee 100% the security or confidentiality of your personal information. Consequently, while we endeavor to safeguard your Information against unauthorized access and disclosure, we do not warrant or guarantee the absolute security of any personal information you transmit to YOU LEAD. You should therefore take special care in deciding what personal information you send to us via email. In the event of a breach of the confidentiality or security of your personally identifiable Information, we will notify you as required by law, if reasonably possible and as reasonably necessary so that you can take appropriate protective steps. We may notify you under such circumstances using the e-mail address(es) we have on record for you or through alternative means.
Services are intended for use by adults only.
These Conditions of Use constitute the entire agreement between you and YOU LEAD relating to your access to and use of the YOU LEAD Services and/or the MindBody App. If any term, clause or provision of these Conditions of Use is held invalid or unenforceable, then that term, clause or provision will be severable from these Conditions of Use and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of Conditions of Use. These Conditions of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of YOU LEAD. No waiver of any provision of these Conditions of Use will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and YOU LEAD's failure to assert any right or provision under these Conditions of Use shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Conditions of Use are intended solely for the benefit of the parties and is not intended to confer third party beneficiary rights upon any other person or entity. The provisions of these Conditions of Use, which, by its terms imply survival, shall survive the expiration or termination of these Conditions of Use and the termination of your YOU LEAD account.
We have agreed that the language of this Contract shall be English.
INFORMED CONSENT AND ASSUMPTION OF RISK AND RELEASE OF LIABILITY
This Informed Consent and Assumption of Risk and Release of Liability is a material to these Conditions of Use and is incorporated herein by reference.
You certify that you are of adequate physical condition to participate in physical exercise.
You certify that you assume the risk of physical injury, whether minor, severe, or otherwise.
You certify that you will disclose to Trainer whenever suggested activities cause distress beyond your threshold.
You certify that you will not hold YOU LEAD or its Trainer(s) liable for any physical injury, whether minor, severe, or otherwise that result from Training Sessions.
You certify that you assume all responsibility for your participation in the Training Sessions.