The user (“Participant”) intends to participate in Fit Within LLC (“Company”) Program and all related activities (collectively, the “Program”) beginning when Participant first registers for the Program and continuing thereafter through the Program duration. Participant hereby accepts all risks associated with participation in this Program and acknowledges that Participant’s participation is completely voluntary, and Company has not in any manner coerced Participant into participation in the Program. Participant hereby agrees that Company allowing Participant to participate in the Program is adequate consideration for this Release and in return for such consideration, Participant voluntarily releases and agrees to indemnify and hold harmless Company and its members, managers, officers, directors, affiliates, agents and employees (collectively, the “Releasees”) from any and all claims, injuries, damages, suits, liabilities, expenses or causes of action (collectively, “Claims”) which arise out of, or are connected in any manner with, Participant’s participation in the Program, including, but not limited to, any Claims which are based upon the negligent acts or omissions of Company.
Information provided to Participant by Company during this Program is intended for informational and educational purposes only. Participant hereby expressly agrees to accept and assume all the risks associated with participating in the Program, and PARTICIPANT UNDERSTANDS THAT THIS PROGRAM IS IN NO WAY INTENDED TO QUALIFY AS OR BE USED IN PLACE OF PROFESSIONAL MENTAL HEALTH THERAPY OR MEDICAL ADVICE OR GUIDANCE. THIS PROGRAM IS NOT A SUBSTITUTE FOR PARTICIPANT SEEKING MEDICAL OR MENTAL HEALTH ADVICE OF ANY KIND OR THE HELP OF A MEDICAL OR MENTAL HEALTH PROFESSIONAL. This program should not be considered as psychological or medical leave, whether toward diagnosis or therapeutic treatment of either a mental or physical health problem. If you have, or believe you may have, a medical or mental health concern, it is the Participant’s sole and exclusive responsibility to contact his or her personal physician, psychologist, or qualified and licensed professional care provider.
The Company does not endorse or promote claims or recommendations provided by any individual participants or subscribers within any social media networks and other Program events. This includes but is not limited to unsolicited advice or recommendations regarding medications, treatment, necessity of treatment or judgments or opinions made regarding life circumstances. Company assumes no responsibility for how the Participant utilizes the informational and educational materials to make any life decisions and other actions. Company assumes no legal responsibility for any relationships that Participant develops during the Program at any time, through either online activities, social media or other Program activities or events.
COMPANY DOES NOT PROVIDE ANY WARRANTIES TO PARTICIPANT OF ANY KIND AS TO THE PROGRAM, ITS PRODUCTS, WEBSITE, ONLINE PLATFORMS OR SERVICES, AND COMPANY EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES OF WHATEVER KIND OR NATURE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Company makes no guarantee or promise of any kind or nature whatsoever to Participant as to any expected or anticipated results or outcomes from participation in the Program.
The inclusion of external hyperlinks and other content provided by Participants, Company and any third parties does not constitute Company’s endorsement, recommendation, or approval of those sites or their contents. On occasion Company may provide additional external resources and messaging. Company does not assume any responsibility for the accuracy, legality or content of the external sites or for that of subsequent links. Those who visit or use the Program website, links, or any other information assume all risks associated therewith.
Participant freely and willingly can decide to share information on the Company’s website platform during the Program or on Program’s social media pages open to all Participants and Company representatives. Participant understands that the information that he or she shares during this Program via Company’s website, platforms, systems and other tools will be viewable and read by Company representatives, and Participant waives any rights or claims to confidentiality or privacy given Participant’s willing and voluntary disclosure of such information. Any content entered by Participant on or via any Company program website, platforms, systems or tools becomes the sole and exclusive property of Company. Participant may also from time to time share information on social media pages or in social media groups, whether or not such pages or groups are sponsored in any way by Company, and Participant waives all rights or claims to confidentiality or privacy as to any and all use of social media. As Company is not the owner of such external third-party social media platforms like Facebook or Instagram, for example, Company has no control over whether content entered by Participant on those third-party social media platforms (even including otherwise seemingly closed groups such as a Facebook closed group) is able to be kept confidential or whether such posted information will be shared and retained more openly and permanently by such third-party social media platforms.
Fit Within reserves the right to remove participants for any reason at any time, including those who violate the Company or Program values and norms as determined in Company’s sole discretion, Participants who are removed from the communities are not entitled to any form of refund or remittance. If any Releasees incur legal fees, expenses and/or any other costs to enforce this Release, Participant agrees to indemnify, reimburse and hold harmless such Releasee for all such fees, expenses and/or costs. If Participant files a lawsuit against any Releasee that is related in any way to the Program, Participant agrees that the state and federal courts located in Spokane, Washington, shall have the sole and exclusive jurisdiction over such matters. The laws of the State of Washington govern this Release. All the terms, agreements and conditions of this Release shall survive the date of this Release for a period of thirty (30) years except the usage rights granted in the paragraph immediately above which are perpetual. Participant understands that Company is relying on this Release and Participant agrees to be legally bound by its terms. This Release is binding upon Participant’s heirs, executors and personal representatives. Participant hereby attests that he or she is at least eighteen (18) years of age and that he or she has read and fully understands the foregoing.