Disclaimer

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IMPORTANT LEGAL NOTICE: THE TERMS AND CONDITIONS & WAIVER OF LIABILITY (the “Waiver”) GOVERN THE NUTRITION COACHING SERVICES AND FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU, OR ANY PERSON ACTING ON YOUR BEHALF FOR PURPOSES OF ACCESSING ANY FITNESS OR WELLNESS SERVICES THROUGH THE COACHING PLATFORM OR IN-PERSON AT A PHYSICAL LOCATION (“You” or “Your”), AND HOLISTIFY WELLNESS (“Coach,” “we,” or “us”). 

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SIGNING OR REGISTERING. 

LEGAL DISCLAIMER: BY PARTICIPATING IN ANY PRIVATE COACHING SERVICES OR WORKOUTS, OR ACCESSING THE COACHING PLATFORM, YOU VOLUNTARILY AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS WAIVER AND YOU REAFFIRM YOUR ACCEPTANCE IN EACH INSTANCE. 

HOLISTIFY WELLNESS'S SERVICES TERMS AND CONDITIONS: 

1. Representations. You represent and warrant to us that: (a) you (or the individual signing this Waiver) are above 18 years of age and a United States resident; (b) you had the opportunity to read this Waiver; (c) you are voluntarily entering into this Waiver; (d) the Coach's Services are made available solely for your personal, noncommercial use; and (e) any information you provide to us is accurate. Individuals under 16 years old may not participate in any Coach's Services, except as otherwise permitted under a separately executed agreement. Individuals under 18 must have a parent’s or guardian’s express consent. 

2. Access to Coach's Services. The terms of this Waiver cover your participation in any Coach's Services that may be provided or made available, to you by HOLISTIFY WELLNESS from time to time (collectively, the “Coach's Services” or “Services”). 

3. Reservation of Rights. We reserve the right to modify or alter any aspect of the Coach's Services. We reserve the right to temporarily or permanently change the modality of any offering or service, and we may offer the Coach's Services to third parties at different rates and terms than those accepted by you. We reserve the right to supplement, amend or otherwise modify the terms of this Waiver and any other rules and policies governing the Coach's Services without prior notice to you. By accessing the Coaching Platform or any Services, you agree to follow the same. 

4. Coaching Account Non-Transferable. Your access to the Coach's Services, including your User Account, is not transferable to anyone else for any reason, and you may not assign, transfer, gift or sell your access to the Coach's Platform to anyone else. Individuals who violate this policy may be permanently banned from using the Coach's Platform or participating in any Coach's Services. 

5. Payment Authorization; Sales Final. You authorize us and our third-party payment processing vendor(s) to charge the credit or debit card associated with your User Account for any Coach's Services you purchase on the Coach's Platform or in person at a physical location. You acknowledge and agree that you must timely pay all amounts that are due and owing. All sales are final and irrevocable, and except as provided under applicable law, any purchases you make are not eligible for a refund or return regardless of whether you become injured, have an unexpected business or family emergency, travel issues, or whether any Coach's Services is postponed, canceled or modified for any reason. All inquiries regarding this policy will be directed back to this statement. YOU ARE SOLELY RESPONSIBLE FOR MONITORING YOUR BANK AND CREDIT CARD STATEMENTS, INCLUDING, NOTIFYING YOUR FINANCIAL INSTITUTION IN A TIMELY MANNER OF ANY ERRONEOUS CHARGE THAT APPEARS ON YOUR BILLING STATEMENT. YOU HEREBY WAIVE ALL CLAIMS AGAINST THE COACH'S PARTIES FOR ANY DISPUTED PAYMENTS. 

6. Taxes. We reserve the right to charge, and you agree to pay, any and all taxes imposed by the applicable taxing authorities on any Coach's Services you purchase through the Coach's Platform or in person. 

7. Denial of Services; Termination of Waiver. We may temporarily or permanently deny our products and services to you and may refuse to allow you to participate in any Coach's Services or Workouts, including, but not limited to, terminating your User Account without notice, recourse, or refund if (a) you are (or we suspect that you are)involved in any alleged fraudulent or illegal activity; (b) if we determine you are disruptive, disorderly, harassing, abusive or pose a safety risk to us, anyone or their property; (c) if you violate any rules, policies or guidelines governing the Coach's Platform or any physical fitness location, (d) if you fail to pay any outstanding debt due and owing under this Waiver or your User Account or (e) if you breach this Waiver. 

8. ASSUMPTION OF RISKS; WAIVER OF LIABILITY. (A) GENERAL ASSUMPTION AND WAIVER: TO THE FULLEST EXTENT PERMITTED UNDER LAW, YOU CONSENT TO PARTICIPATE IN THE COACH'S SERVICES, AND YOU CERTIFY THAT YOU HAVE BEEN WARNED ABOUT, UNDERSTAND, AND ACCEPT ANY AND ALL RISKS OF THE SPECIFIC TYPES DESCRIBED IN THIS AGREEMENT AND ASSOCIATED WITH PARTICIPATING IN THE COACH'S SERVICES WHETHER KNOWN OR UNKNOWN, NOW OR IN THE FUTURE. (B) COACH'S WORKOUTS: YOU UNDERSTAND THAT PARTICIPATING IN COACH'S WORKOUTS MAY INVOLVE CHALLENGING OR VIGOROUS EXERCISES, OBSTACLE COURSE-STYLE CHALLENGES, AND OTHER PHYSICALLY DEMANDING OR STRENUOUS ACTIVITIES THAT MAY RESULT IN SUNBURN, OVERHEATING, HEATSTROKE, ABNORMAL BLOOD PRESSURE, EXCESSIVE SWEATING, DIZZINESS, RAPID HEARTBEAT, FAINTING, EXHAUSTION, SPRAINS, STRAINS, FRACTURES, ANIMAL BITES, STINGS, 2 CONTACT WITH POISONOUS PLANTS, EXPOSURE TO PATHOGENS AND OTHER CONTAGIOUS DISEASES, AND IN RARE INSTANCES POSSIBLE HEART ATTACK, PERMANENT PARALYSIS, STROKE, OR EVEN DEATH (THE “INHERENT RISKS”). (B) NUTRITION: NUTRITION SERVICES CONSIST OF GENERAL, NON-MEDICAL NUTRITION INFORMATION, AND RELATED SERVICES. PARTICIPATING IN NUTRITION MAY INVOLVE THE INHERENT RISK OF FOOD ALLERGIES, ILLNESS, EXPOSURE TO FOOD-BORNE PATHOGENS, NAUSEA, VOMITING, AND OTHER ADVERSE REACTIONS. INDIVIDUALS EXPERIENCING AN ACUTE MEDICAL CONDITION MAY HAVE INCREASED RISKS OF CERTAIN NUTRITIONAL HAZARDS. IN RARE INSTANCES, THESE INHERENT RISKS MAY CAUSE SERIOUS ILLNESS OR EVEN DEATH. THE RISK OF SERIOUS INJURY OR DEATH IS INHERENT IN NUTRITION-RELATED ACTIVITIES AND SERVICES, AND THESE RISKS CAN NOT BE ELIMINATED. IF YOU HAVE ANY SPECIAL DIETARY OR ALLERGIC RESTRICTIONS, ARE PREGNANT, POST-NATAL, OR NURSING, OR IF YOU HAVE ANY MEDICAL NUTRITIONAL CONDITIONS, YOU SHOULD CONSULT A PHYSICIAN PRIOR TO STARTING A NUTRITION PLAN OR IMPLEMENTING ANY CHANGES TO YOUR CURRENT DIET. IF YOU BEGIN EXPERIENCING ANY ADVERSE REACTIONS WHATSOEVER, YOU AGREE THAT YOU WILL IMMEDIATELY STOP PARTICIPATING IN THE NUTRITION SERVICES AND NOTIFY A MEDICAL PROFESSIONAL IMMEDIATELY. BY PARTICIPATING IN NUTRITION, YOU CERTIFY THAT YOU ARE NOT UNDER DIRECT PHYSICIAN CARE FOR A MEDICAL CONDITION THAT REQUIRES NUTRITIONAL THERAPY OR MEDICAL INTERVENTION. IF YOU ARE UNDER DIRECT PHYSICIAN CARE, YOU SHOULD IMMEDIATELY CONSULT YOUR PHYSICIAN BEFORE STARTING A NUTRITION PLAN OR RECEIVING NUTRITION SERVICES. 

9. RELEASE OF CLAIMS. YOU AGREE THAT YOUR PARTICIPATION IN ANY SERVICES OR WORKOUTS, WHETHER IN-PERSON OR VIRTUALLY, IS DONE AT YOUR OWN RISK. THE RISK OF SERIOUS INJURY OR DEATH IS INHERENT IN PHYSICAL EXERCISE AND CAN NOT BE ELIMINATED. YOU HEREBY FOREVER WAIVE ANY CLAIMS RELATED TO THE INHERENT RISKS ASSERTED AGAINST US OR OUR AFFILIATES, AGENTS, EMPLOYEES, VENDORS, INDEPENDENT CONTRACTORS, AND INDEPENDENT CONTRACTORS, WHETHER KNOWN OR UNKNOWN, WHETHER IN EXISTENCE NOW OR ARISING IN THE FUTURE, RELATING TO ANY PHYSICAL OR EMOTIONAL INJURY OR DAMAGES YOU MAY SUFFER AS A RESULT THE INHERENT RISKS ASSOCIATED WITH PARTICIPATING IN ANY ASPECT OF THE COACH'S SERVICES, WHETHER CONDUCTED IN-PERSON OR ONLINE. 

10. Health Certifications. You acknowledge that participating in the Coach's Services may positively or negatively affect or change your health and wellness, and that the Coach's Services are intended only for healthy individuals. You represent and warrant to us that (i) you have thoroughly investigated the Coach's services; (ii) you have consulted with an independent, licensed, medical professional who is familiar with your medical history and conditions regarding your ability to participate in the Coach's Services; and (iii) you will not participate in any Coach's Services in a manner that may injure or affect your safety or others’ safety. 

11. Disclaimers and Limitations. a. General Disclaimer. All Coach's Services are provided to you on an “as is,” “where is,” “as available,” and “with all faults” basis. Coach does not make, nor has Coach made, any representations or warranties of any kind (whether direct or indirect, oral or written, or express or implied) to you with respect to the Coach's Services, including, but not limited to, the success, performance, functionality, reliability, or safety of the Coach's Services. THE COACH EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, ACCURACY, RELIABILITY, AND PERFORMANCE, AND ANY WARRANTIES ARISING FROM CONDUCT, COURSE OF DEALING, CUSTOM, AND USAGE IN TRADE WITH RESPECT TO THE COACH'S SERVICES. THE COACH DOES NOT MAKE, NOR HAS COACH MADE, ANY AFFIRMATION OF FACT OR PROMISE RELATING TO THE COACH'S SERVICES. b. Disclaimer about Coach's Nutrition. Food consumption is a personal choice. The Coach is not responsible for any allergic or adverse reactions you might experience. Coach's Nutrition is not medical advice, and participating in Coach's Nutrition does not create a doctor-patient relationship between you and us or any independent contractor delivering the Coach's Services. Nutrition materials are intended for informational purposes only and are not intended to treat, diagnose, cure, or prevent any disease or to substitute for medical treatment by a physician, dietitian, or nutritionist. Neither we nor any independent contractor guarantees that you will achieve any specific results by participating in the Coach's Nutrition. Individual results will vary depending on an individual’s personal effort and unique dietary needs. We also do not guarantee the accuracy of any specific nutritional information, which is general in scope and subject to varying factors, including an individual’s age and sex, the environment, specific ingredients used, manufacturer changes, and other factors outside of our control. c. Disclaimer about Third Parties. We expressly disclaim any and all liability arising from or in connection with, and shall not be responsible for, any acts, errors, or omissions of any vendors or contractors who may operate or provide certain services in relation to the Coach's Services. We do not control and do not make any assurances to you or any other person or entity about your experiences with any other registrants of the Coach's Services, or your experiences with any vendors or contractors who may operate or provide certain services in relation to the Coach's Services. You acknowledge and agree that (i) The Coach has no responsibility or liability to you related to any information, communications, content made by, or any interactions you may have with any third parties; (ii) such third parties may not be skilled, abled, authorized, or reliable; and (iii) despite such knowledge, you are willing to voluntarily visit, access, and participate in the Coach's Services. d. Disclaimer about System Delays. You acknowledge and agree that Virtual Workouts and your purchase of certain Services may be subject to technological limitations, delays, and other problems inherent in the use of third-party communication networks that are outside of our control. WE EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR ANY DELAYS, FAILURES, LOSSES, INJURIES, LIABILITIES, OR DAMAGES ASSOCIATED WITH YOUR ACCESSING ANY OF VIRTUAL WORKOUTS OR ANY OTHER VIRTUAL SERVICES THAT RESULT FROM ANY SYSTEM DELAYS, DOWNTIMES, INTERRUPTIONS, OR OTHER FAILURES OF OR PROBLEMS WITH THE VIRTUAL WORKOUTS OR OTHER VIRTUAL SERVICES THAT ARE OUTSIDE OF COACH'S CONTROL, INCLUDING, BUT NOT LIMITED TO, SCHEDULED MAINTENANCE OR NETWORK FAILURE. e. Disclaimer of Property Liability. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO YOU OR YOUR GUEST(S) FOR ANY PERSONAL PROPERTY THAT IS DAMAGED, LOST, OR STOLEN WHILE ON OR AROUND ANY LOCATIONS OR DURING YOUR PARTICIPATION IN ANY COACH'S SERVICES OR WORKOUTS, INCLUDING, BUT NOT LIMITED TO, ANY BAGS, APPAREL, VEHICLES, OR THEIR CONTENTS. f. Disclaimer of Promotional Items. We reserve the right to offer certain promotions, challenges, or contests during your access to The Coach (the “Promotion(s)”). Promotions are limited to residents of the United States and promotional items will not be shipped outside the United States. i. We reserve the right, at our sole discretion, to cancel, modify or terminate any Promotion if, for any reason, a Promotion is not capable of running as planned, including without limitation, lack of significant participation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes that corrupt or affect the administration, security, fairness, integrity or proper conduct of such Promotion. We reserve the right, in its sole and absolute discretion, to disqualify any individual deemed to be (A) tampering or attempting to tamper with the entry process or the operation of a promotion; (B) violating the terms of this WaiverAgreement or the rules of any Promotion; or (C) acting in an unsportsmanlike or disruptive manner, or with intent to, abuse, threaten or harass any other person. ii. If a Force Majeure Event occurs, we will be excused from offering promotional items under any Promotion. For purposes of this Waiver, a “Force Majeure Event” means any event or circumstance, regardless of whether it was foreseeable, that was not caused by that party and that prevents us from holding these promotions, including, but not limited to, any act of God, war, hostilities, invasion, acts of foreign enemies, mobilization, rebellion, revolution, military or usurped power, civil war, pandemics, epidemic, contamination, riot, strikes, lock-outs, acts or threats of terrorism. iii. If you qualify for a promotional item, you must complete all steps prescribed to redeem and receive this item. iv. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY OR RESPONSIBILITY FOR ANY THIRD- PARTY ISSUES THAT MAY INTERRUPT OR DELAY YOUR RECEIPT OF THESE PROMOTIONAL ITEMS, INCLUDING, BUT NOT LIMITED TO, SUPPLY-CHAIN ISSUES, SHIPPING OR FREIGHT ISSUES, ETC. 

12. Links to Other Sites, Networks, Platforms, Servers, and Apps. a. Linked Technologies. The Coach's Services, including Virtual Workouts, may contain links to third-party websites, networks, platforms, servers, and/or applications (“Linked Technologies”). The Linked Technologies are not under our control and are provided to you as a convenience. Your decision to access any Linked Technologies is done at your own risk. b. Disclaimer About Linked Technologies. We are not responsible for any malicious software, spyware programs, inaccurate information, and illegal content that may be found on the Linked Technologies. You acknowledge and agree that your decision to access any Linked Technologies is at your own risk. We are not responsible for any delays, failures, losses, injuries, liabilities, or damages associated with the Coach's Services that result from any system delays, downtimes, interruptions, or other failures of or problems with the Coach's Services, which are outside of our control (including, without limitation, scheduled maintenance, or network failure). Our use of the Linked Technologies does not create an affiliation with, association with, or endorsement of such Linked Technologies or any information, content, goods, services, promotions, advertisements, programs, codes, or other items which may be found on or excluded from such Linked Technologies. c. Use of Zoom Video Communications, Inc. By accessing, participating in, or using the Coach's Services hosted on Zoom Video Communications, Inc. (“Zoom”) or other video-conferencing software, you are agreeing to accept and be bound by the terms and conditions of Zoom found at https://www.zoom.us/terms. If you do not agree to the Zoom terms and conditions you may not access or participate in the Coach's Services provided under this Waiver. 

13. Devices and Carrier Fees. Certain portions of the Coach's Services may be configured for computers, tablets, smartphones, and/or other electronic devices (the “Device(s)”), and held virtually. You are responsible for obtaining and updating your Device, software, operating system, carrier, and network access necessary to access and participate in the Coach's Services properly. We do not guarantee that any virtual portions of the Coach's Services will function on or in connection with any particular Device, software, operating system, carrier, or network. If you access or participate in the Coach's Services through a particular Device, then you hereby acknowledge and agree that information about your use of the Coach's Services through that Device or its carrier or network may be communicated to Coach's and/or certain third parties. The voice, message, and data fees, rates, charges, and taxes of your Device’s carrier or network, or another third party, may apply to your access to or participation in the Coach's Services. The Coach is not responsible for, and you further accept full responsibility for, all Device, carrier, and network fees, rates, charges, and taxes that may apply, if any.  

14. Consent and License to Use Your Name and Likeness. By registering for the Coach's Services, or by publishing on an online social media account that you own and link or otherwise associate with the Coach's Services or your User Account, you hereby consent to Coach's use of your name, photo, likeness, or voice (collectively, with any social media postings, the “User Materials”) to promote or publicize the Coach's Services, whether internally or externally, in any format whatsoever, including, but not limited to, photographs, audio, film, print media, television, and/or social media. You hereby assign and transfer to Coach any ownership rights you may have to the User Materials. To the extent necessary under law, you hereby grant to Coach an irrevocable, perpetual license to use the User Materials in any media or format without any compensation paid to you. YOU HEREBY RELEASE THE COACH FROM LIABILITY RELATING TO OUR USE OF ANY USER MATERIALS LICENSED OR ASSIGNED BY YOU IN ACCORDANCE WITH THIS WAIVER, INCLUDING, BUT NOT LIMITED TO, ANY CLAIM YOU MAY HAVE FOR PRIVACY, ALTERATION, DISTORTION, ROYALTIES, OR COMPENSATION, AND YOU FURTHER WAIVE ANY RIGHT YOU MAY HAVE TO INSPECT OR APPROVE ANY USER MATERIALS OR ANY FUTURE USE OF SUCH MATERIALS (INCLUDING DERIVATIVE WORKS) BY THE COACH OR OUR AUTHORIZED AFFILIATES AND INDEPENDENT CONTRACTORS. 

15. Express Consent to Receive Text Communications; Opt-in. You acknowledge and reaffirm your express consent to us sending or otherwise communicating with you for any lawful purpose via any electronic means as we deem appropriate in our sole discretion, whether through the Website, through the Mobile App, through your User Account, by personal communication, by email, by automatic telephone dialing system, by artificial or prerecorded voice, by online social media, or by text message. You further acknowledge that you are not required to reaffirm the foregoing consent as a condition for participating in the Coach's Services. You may opt out of any electronic communications at any time by using any reasonable opt-out method as further described in the Standard Terms or otherwise permitted by applicable law. 

16. Ownership; Limited License to Access Coach's Services. The Coach's Services, including Virtual Workouts, and all elements and derivatives thereof (including, but not limited to, all information, content, source codes, object codes, data, instructions, documentation, and expressions), as well as all copyrights, trademarks, and other intellectual properties of the foregoing, are owned, licensed, or permissibly used by us or our affiliates. Subject to the terms and conditions of this Waiver, we grant you a limited, non- exclusive, personal, freely revocable, non-transferable, and non-sublicensable license to access and use the Coach's Services during the term of this Waiver. In no event will you have or retain any rights, titles, or interests in or to the foregoing other than those limited rights expressly granted to you under this Waiver. Nothing contained in this Waiver shall restrict or limit our rights, titles, or interests in or to the Coach's Services, the User Materials, the Recorded Works, or any elements or derivatives of the foregoing, or shall be construed as a waiver or limitation of our or our affiliates respective rights and remedies under applicable law. 

17. Additional Waivers and Policies. This Waiver supplements, and is incorporated by reference into the TERMS OF USE AND WAIVER and applicable PRIVACY POLICY for the Website and Mobile App (collectively, “Standard Terms”). By entering into this Waiver, you are acknowledging that you have read and understand, or have had an opportunity to read and understand, the most recent version of the Standard Terms. You accept and agree to, or reaffirm your acceptance and agreement to, the Standard Terms. If any term or condition of this Waiver conflicts with a term or condition of the Standard Terms, then the conflicting term or condition of this Waiver shall govern and control. Your purchase of and participation in the Coach's Services is subject to all rules and policies we publish from time to time without prior notice to you, and you agree to follow the same. 

18. Add-On Services. This Waiver and the Standard Terms apply to any additional Coach's Services or product offerings (“Add-On Services”) that you may purchase from time to time. In certain instances, your consent (to us or to our independent contractors), whether by action, verbally, through electronic means, or otherwise in writing, to purchase available Add-On Services constitutes your acceptance to be bound by the terms of such Add-On Services, including, but not limited to, any subscriptions, minimum term commitments, recurring payment obligations, and upon such acceptance, our mutual consent to amend this Waiver to incorporate the same. 

19. Services by Independent Contractors. The services provided under this Waiver shall be performed and carried out by one or more independent contractors acting on our behalf or our affiliate companies. No part of this Waiver shall be construed or is intended to represent the creation of any employment, agency, partnership, or joint venture relationship between us and any independent contractors who at all times are independent contractors acting on our behalf or on behalf of our affiliate companies. 


20. Indemnification. You hereby agree to indemnify, release, and hold harmless us and our officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, independent contractors, vendors, licensors, and independent contractors (the “Coach's Parties”) from and against any and all liabilities, claims, suits, demands, actions, judgments, losses, damages, fines, penalties and expenses (including costs and reasonable outside attorney's fees) incurred by or asserted against the Coach's Parties by any third parties, arising out of or in connection with (a) your acts, errors, or omissions, (b) your participation in any the Coach's Services, (c) your violation of the rights of or other injury committed to any third party, or (d) your breach of all or any part of this Waiver. 5 

21. Law and Forum. This Waiver, the additional terms, conditions, and policies referenced herein (including, without limitation, the Website, Mobile App terms, Standard Terms, and Privacy Policy), and all disputes, controversies, and claims relating to the foregoing, your access of or participation in the Coach's Services, or the Parties’ relationship (whether grounded in contract, tort, statute, law, or equity), shall be governed, interpreted, construed, and enforced in accordance with the laws of the State of Montana and applicable federal law, regardless of its place of execution, its place of performance, and any conflicts of law analysis. Both you and the Coach irrevocably submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Montana for the resolution of all disputes, controversies, and claims relating to this Waiver, the Coach's Services, your User Account and agree that neither is an inconvenient venue or forum. 

22. Miscellaneous. This Waiver, together with those additional terms, conditions, rules, and policies referenced herein and/or made available by hyperlink (including, without limitation, the Standard Terms), (a) constitutes the entire agreement and understanding between you and us with respect to the subject matter hereof; (b) supersedes any prior agreements and understandings, if any, between you and us with respect to such subject matter; (c) cannot be modified except in a writing signed by both you and us (or the parties’ respective successors, assigns, or transferees); and (d) shall inure to the benefit of and be binding upon you, us, and our respective successors, assigns, and transferees. Section headings are inserted for reference and convenience only and shall not interpret, define, limit, or describe the scope, intent, terms, or conditions of this Waiver. If any term or condition of this Waiver is deemed invalid or unenforceable, then the remaining terms and conditions shall not be affected, and the invalidated or unenforceable term or condition shall be reformed to the maximum extent permitted under the law and consistent with the intent of this Waiver. 

23. Effective Date. The Effective Date of this agreement is the date you register for any Coach's Services.

24. Last Modified. This standard Waiver of Liability & Terms and Conditions was last modified on November 15, 2023.