Terms & Conditions

BY USING THE SERVICE OR BY CLICKING “I AGREE” YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND YOUR AGREEMENT TO BE BOUND BY THESE TERMS, AS WELL AS ALL APPLICABLE LAWS AND REGULATIONS. YOU ARE NOT PERMITTED TO USE THE SERVICE IF YOU DO NOT AGREE TO THESE TERMS. THESE TERMS CAN BE CHANGED, MODIFIED, SUPPLEMENTED, AND/OR UPDATED BY FITNESS BY ZOE, INC. AT ANY TIME; PROVIDED THAT WE WILL ENDEAVOR TO PROVIDE YOU WITH PRIOR NOTICE OF ANY MATERIAL CHANGES. YOUR CONTINUED USE OF THE SERVICE AFTER THE MODIFICATION OF THESE TERMS MEANS THAT YOU ACCEPT ALL SUCH CHANGES. ACCORDINGLY, YOU ARE ADVISED TO CONSULT THESE TERMS EACH TIME YOU ACCESS THE SERVICE IN ORDER TO VIEW ANY CHANGES TO THESE TERMS. THE TERM OF THESE TERMS WILL COMMENCE ON THE DATE ON WHICH YOU FIRST ACCESS OR UTILIZE FITNESS BY ZOE SERVICES IN ANY WAY AND WILL CONTINUE TO DO SO LONG AS YOU CONTINUE TO ACCESS OR UTILIZE THE SERVICE.

Liability Waiver

• Fitness by Zoe recommends that you seek the advice of your physician before commencing any exercise routine. In participating in any and all Fitness by Zoe workouts or programs, you affirm that either (i) all of the following statements are true: (A) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (B) you have never felt chest pain when engaging in physical activity; (C) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (D) you have never lost your balance because of dizziness and you have never lost consciousness; (E) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (F) your physician is not currently prescribing drugs for your blood pressure or heart condition; (G) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (H) you do not know of any other reason you should not exercise; or (ii) your physician has specifically approved of your use of Fitness by Zoe services.

• You acknowledge that participation in fitness classes involves strength, flexibility, aerobic, cardio and other exercises, including the use of equipment, all of which can be potentially hazardous activities. You accept full responsibility over the location where you engage in fitness classes via Fitness by Zoe, you acknowledge that Fitness by Zoe has no control over the location that you choose, and that the location of participation in fitness activities involves additional risks, including, but not limited to, those caused by terrain, facilities, temperature, weather, environment, vehicular traffic, lack of hydration and actions of other people. You as the participant assume any and all risks of injury associated with or in any manner related to your workout with Fitness by Zoe or its employees. This waiver applies regardless of whether you are using exercise equipment at the time of the injury or whether your injury occurs as a result of your presence in the Fitness by Zoe workout regardless of purpose or activity at the time of the injury-causing incident. This waiver also applies to any of your guests to the Fitness by Zoe workout(s). You agree and covenant not to sue or otherwise attempt to hold Zoe Schwartz or Fitness by Zoe liable for any injuries regardless of the cause. This waiver and release agreement is intended to be as broad as is allowed under the applicable law and applies to any and claims for damages, regardless of whether they are allegedly caused by the negligence of the Fitness by Zoe or its employees.

Payment terms and order processing

• Access to Fitness by Zoe Services may require you to pay fees. Before you pay any fees you will have an opportunity to review the fees that you will be charged before you accept them. All fees are in USD and are non-refundable. Fitness by Zoe may change the fees for Services or any feature of the Service, including by adding fees, on a going-forward basis at any time. If Fitness by Zoe changes the fees for the Service, including by adding additional fees or charges, you will be provided advance notice of those changes and the opportunity to accept the changes.

Consent to Electronic Communications

By accepting the terms and conditions, you are agreeing to be added to the Fitness by Zoe distribution list for possible email and SMS notifications. f you wish to remove yourself from any list, please email us at fitnessbyzoe@gmail.com with an “OPT-OUT”, “UNSUBSCRIBE”, “STOP” or “REMOVE” in the subject line.