Website Terms

PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY EverybodyFights IN ITS SOLE DISCRETION AT ANY TIME.  When changes are made, EverybodyFights will make a new copy of the Terms of EverybodyFights At Home available at the Site and any new supplemental terms will be made available from within, or through, the affected EverybodyFights At Home on the Site or within the Application.  We will also update the “Last Updated” date at the top of the Terms of At Home.  If we make any material changes, and you have a Subscription with us, we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Agreement.  Any changes to the Agreement will be effective immediately for new users of the Site, the Application and/ or EverybodyFights At Home and will be effective thirty (30) days after posting notice of such changes on the Site for existing members with Subscriptions, provided that any material changes shall be effective for such members who have a Subscription with us upon the earlier of thirty (30) days after posting notice of such changes on the Site or thirty (30) days after dispatch of an e-mail notice of such changes to such members.  EverybodyFights may require you to provide consent to the updated Agreement in a specified manner before further use of the Site, the Application and/ or the EverybodyFights At Home is permitted.  If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Site, the Application and/or the EverybodyFights At Home.  Otherwise, your continued use of the Site, the Application and/or EverybodyFights At Homes constitutes your acceptance of such change(s).  PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS.

1. WHO MAY USE THE EVERYBODYFIGHTS AT HOME

You must be at least 18 years old (or the age of legal majority in your jurisdiction of residence) to register with and use the EverybodyFights At Home. Minors between the ages of 13 and 18 years old that can safely use the EverybodyFights At Home may participate in certain aspects of the EverybodyFights At Home provided that they do so under their parent’s or legal guardian’s supervision and that such parent or legal guardian agrees to be bound by this Agreement.  If you are a parent or legal guardian of a user under the age of 18 (or the applicable age of legal majority), you agree to be fully responsible for the acts and omissions of such user in connection with EverybodyFights At Home. We may, in our sole discretion, refuse to offer EverybodyFights At Home to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that you comply with all applicable laws, rules and regulations related to this Agreement, and the right to access and use EverybodyFights At Home is revoked where this Agreement or use of the EverybodyFights At Home is prohibited or conflicts with any applicable law, rule or regulation.

2. LICENSE TO USE EVERYBODYFIGHTS AT HOME

License . Subject to your compliance with this Agreement, EverybodyFights grants you a limited, non-transferable, non-exclusive, revocable license to access and use the EverybodyFights At Home for your own personal, non-commercial use and for no other purpose whatsoever. This license includes the right to view content available on everybodyfights.com. This license is personal to you and may not be assigned or sublicensed to anyone else.Restrictions . Except as expressly permitted in writing by an authorized representative of EverybodyFights, you will not use the EverybodyFights At Home except as expressly authorized under this Agreement, and you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the EverybodyFights At Home, nor will you take any measures to interfere with or damage the EverybodyFights At Home, nor will you use the EverybodyFights At Home (or any component thereof) to create any product or technology that competes with the EverybodyFights At Home (or any component thereof). You will not download and/or install any third party software and/or application on the Device that is not expressly permitted by EverybodyFights in writing. All rights not expressly granted by EverybodyFights in this Agreement are reserved.

3. PRIVACY

Our Privacy Policy forms a part of this Agreement. Please review the Privacy Policy to learn about:

• What information we may collect about you;
• What we use that information for; and
• With whom we share that information.

4. MEMBERSHIP REQUIREMENTS REGISTRATION

To enjoy full access to the EverybodyFights At Home, you must register as a member of the EverybodyFights At Home and enter into a subscription agreement for access to our live and on-demand classes, one-on-one training sessions with a personal trainer, content and features (a “ Subscription ”). You must provide complete and accurate registration information to EverybodyFights when signing up for a Subscription, complete the Subscription process, and notify us if any of your information changes.Profile Information and Picture . You may not use someone else's name, or any name, location or other public profile information (including your picture) that violates any third party rights or that is offensive, obscene or otherwise objectionable (in EverybodyFights’s sole discretion).Account Security . You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after using EverybodyFights At Home. If you become aware of an unauthorized access to your account, change your password and notify us immediately at help@everybodyfights.com

5. MEMBERSHIP STRUCTURE AND FEES

EverybodyFights will provide information on our then-current Subscription requirements on the EverybodyFights Site and/or by other means through EverybodyFights At Home. Features and prices are subject to change.

6. Term and Termination; Account Deletion

Term . This Agreement begins on the date your Device is delivered and continues as long as you have an account with us and/or continue to use the EverybodyFights At Home.Termination for Breach . EverybodyFights may, in EverybodyFights’s sole discretion, suspend, disable, or delete your account (or any part thereof) or block or remove any User Content (defined below) that you submitted if EverybodyFights determines that you have violated this Agreement or that your conduct or User Content would tend to damage EverybodyFights’s reputation and goodwill. If EverybodyFights deletes your account for these reasons, you may not re-register for or use the EverybodyFights At Home under any other user name or profile. EverybodyFights may block your access to the EverybodyFights At Home to prevent re-registration.Effect of Termination / Account Deletion . Upon termination of this Agreement all licenses granted by EverybodyFights will terminate. The following sections survive termination: Submissions, Indemnification, Limitation of Liability, Professional Advice Disclaimer, Medical Disclaimer, Intellectual Property and all General Provisions. If your account is deleted for any reason, User Content may no longer be available and EverybodyFights is not responsible for the deletion or loss of such User Content. For clarity, if you cancel your Subscription or it is terminated for any reason, you will lose access to all live and on-demand classes, one-on-one personal training sessions, and any other content or features provided through the EverybodyFights At Home. EverybodyFights, in our sole discretion, may make available a very limited amount of content or features to non-subscribers from time to time.

7. SUBMISSIONS

Any video, image, graphics, photos, text, audio recording, content, materials, information or other works that is submitted to the EverybodyFights At Home by or on behalf of users (“User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content submitted by or on behalf of you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all content, including User Content, accessed by you using the EverybodyFights At Home is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We make no representations, warranties or guarantees with respect to any content that you access on or through the EverybodyFights At Home. As between you and EverybodyFights, you own all User Content that you submit to the EverybodyFights At Home. You grant EverybodyFights a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable, royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your User Content for any purpose whatsoever, commercial or otherwise, without compensation to you. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Content. You further grant all users of the EverybodyFights At Home, including personal trainers (if applicable), permission to view and use your User Content for their personal, non-commercial purposes, or for purposes relating to your personal training sessions (if applicable). If you make suggestions to EverybodyFights or through the EverybodyFights At Home about improving or adding new features or products to the EverybodyFights At Home or you otherwise provide feedback or testimonials, EverybodyFights a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use your suggestions, feedback and testimonials without any compensation or other obligation to you.

8. CODE OF CONDUCT

In using the EverybodyFights At Home, you must behave in a civil and respectful manner at all times. You will not:

• Act in a deceptive manner by, among other things, impersonating any person;
• Harass or stalk any other person;
• Harm or exploit minors;
• Distribute "spam";
• Collect information about others;
• Advertise or solicit others to purchase any product or At Home;
• Engage in any conduct that is offensive or illegal; or
• Violate any other community rules or codes of conduct that EverybodyFights may impose.

EverybodyFights has the right, but not the obligation, to monitor all conduct on and content submitted to the EverybodyFights At Home. EverybodyFights may alter, edit, remove, or refuse to post any content, software and/or applications, in whole or in part, in EverybodyFights’s sole discretion or to satisfy or comply with applicable laws, regulations, legal processes and/or maintain the integrity and reputation of the EverybodyFights At Home and EverybodyFights’s systems.

9. YOUR REPRESENTATIONS AND WARRANTIES

For each piece of User Content that you submit, you represent and warrant that: (i) you have the right to submit the User Content to EverybodyFights and grant the licenses set out above; (ii) EverybodyFights will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the User Content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the User Content complies with this Agreement and all applicable laws.

03. INDEMNIFICATION  

You agree to indemnify, defend, and hold harmless EverybodyFights and our directors, officers, employees, and agents, from and against all claims, damages, losses and costs that arise from or relate to (i) your activities on the EverybodyFights At Home, (ii) any User Content submitted by or on behalf of you or (iii) your violation of this Agreement.

11. DISCLAIMERS

EverybodyFights may update, add to, enhance, modify, remove or alter any content or features of the EverybodyFights At Home at any time, in our sole discretion. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the EverybodyFights At Home. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the EverybodyFights At Home.  EverybodyFights provides the EverybodyFights At Home on an “AS IS” and “AS AVAILABLE” basis. You use the EverybodyFights At Home at your own risk. No advice or information provided by EverybodyFights or a EverybodyFights instructor or personal trainer will create any warranty not expressly made herein.  Other than as expressly provided in writing by EverybodyFights in connection with your purchase of a EverybodyFights product (for example, the Device), EverybodyFights expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law with respect to the EverybodyFights At Home. Without limiting the foregoing, EverybodyFights makes no representations or warranties:

• That the EverybodyFights At Home is or will be permitted in your jurisdiction;
• That the EverybodyFights At Home will be uninterrupted or error-free;
• That the EverybodyFights At Home will function properly outside the U.S.;
• Concerning any content, including User Content;
• Concerning any third party’s use of User Content that you submit;
• That the EverybodyFights At Home will meet your personal or professional needs;
• That EverybodyFights will continue to support any particular feature of the EverybodyFights At Home;
• Concerning sites and resources outside of the EverybodyFights At Home, even if linked to from the EverybodyFights At Home; or
• Third-party equipment provided by EverybodyFights.

To the extent that another party may have access to or view content on your Device, you are solely responsible for informing such party of all disclaimers and warnings in this Agreement. TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF 30 DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE EverybodyFights At Home, AND NO WARRANTIES WILL APPLY AFTER SUCH PERIOD.

12. LIMITATION OF LIABILITY

To the fullest extent permitted by law: (i) EverybodyFights will not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) EverybodyFights's total liability to you for all claims, in the aggregate, will not exceed the amount actually paid by you to EverybodyFights over the three (3) months preceding the date your first claim(s) arose.  If you live in a jurisdiction that does not allow certain exclusions or limitations of liability, the above exclusions or limitations may not apply to you. To the extent that one or any aspect of EverybodyFights’s limitations set forth above does not apply, all remaining aspects survive. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between EverybodyFights and you.

13. PROFESSIONAL ADVICE DISCLAIMER / MEDICAL DISCLAIMER

Professional Advice Disclaimer . EVERYBODYFIGHTS AT HOME OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON INFORMATION OR TRAINING PROGRAMS AVAILABLE IN OR VIA EVERYBODYFIGHTS AT HOME, INCLUDING INFORMATION AND PROGRAMS TAILORED SPECIFICALLY FOR YOU, AS A SUBSTITUTE FOR 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 HEALTHCARE PROFESSIONAL BECAUSE OF INFORMATION AVAILABLE ON THE EVERYBODYFIGHTS SITE OR EVERYBODYFIGHTS AT HOMEOR COMMUNICATED TO YOU THROUGH THE EVERYBODYFIGHTS SITE OR EVERYBODYFIGHTS AT HOME. THE USE OF INFORMATION PROVIDED THROUGH EVERYBODYFIGHTS AT HOME IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE EverybodyFights SITE OR AVAILABLE THROUGH ANY EverybodyFights At Home IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THE EverybodyFights At Home IS CONTINUALLY UNDER DEVELOPMENT AND EverybodyFights MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS ON THE EverybodyFights SITE OR IN THE EverybodyFights At Home. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE EverybodyFights At Home WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.Medical Disclaimer . In Subscribing to or otherwise using  EverybodyFights At Home, you affirm that either your physician has approved your use of EverybodyFights At Home or that all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (iv) you have never lost your balance because of dizziness and you have never lost consciousness as a result of exertion; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure; and (viii) you do not know of any other reason you should not exercise. You are responsible for providing accurate information and disclosing any health or medical issues.  All one-on-one training sessions are tailored based on the information you provide.  EverybodyFights may refuse or cancel your membership or deny you access to a EverybodyFights At Home if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.

14. INTELLECTUAL PROPERTY

You acknowledge that the EverybodyFights At Home contains software and other content that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All EverybodyFights-generated content, and content provided to EverybodyFights by our partners and licensors, is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, as between you and EverybodyFights, EverybodyFights owns a copyright in the selection, coordination, arrangement and enhancement of all content in the EverybodyFights At Home. Subject to your compliance with this Agreement, and solely for so long as you are permitted by us to access and use the EverybodyFights At Home, you may download copies of applications associated with the EverybodyFights At Home to devices you own or control for your personal, non-commercial use of the EverybodyFights At Home and for no other purpose whatsoever, provided you keep intact all copyright and other proprietary notices. Subject to your compliance with this Agreement, and solely for so long as you are permitted by us to access and use the EverybodyFights At Home, EverybodyFights hereby grants you a limited, revocable, non-exclusive, non-transferable right and license to access and use the content made available on the EverybodyFights At Home for your personal, non-commercial use of the EverybodyFights At Home and for no other purpose whatsoever. Unless otherwise specified, copying or modifying any content or using content for any purpose other than your personal, non-commercial use of  EverybodyFights At Home, including use of any such content on any other website or networked computer environment, is strictly prohibited. The EverybodyFights name, logos and affiliated properties, designs and marks are the exclusive property of EverybodyFights and/or our affiliates, whether registered or unregistered, and may not be used in connection with any product or At Home that is not ours, or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or At Home. Nothing contained on EverybodyFights At Home should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or other intellectual property without our express prior written consent.  You may not represent yourself to be an authorized reseller of EverybodyFights At Home, or suggest any endorsement or partnership with EverybodyFights without our express prior written consent. If you plan to use the EverybodyFights in connection with any commercial activity (aside from the individual sale of a EverybodyFights by a consumer who purchased the EverybodyFights for personal use), you must receive prior consent from EverybodyFights.  EverybodyFights reserves the right to request any changes or removal of the EverybodyFights displayed in any commercial setting (e.g., an auction, showroom, conference, live demonstration, event, etc.). Any other trademarks appearing on the EverybodyFights At Home are trademarks of their respective owners. Our partners or At Home providers may also have additional proprietary rights in the content that they make available through the EverybodyFights At Home. All rights not expressly granted in this Agreement are reserved.

16. ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS

Arbitration . YOU AND WE AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR OUR OFFICERS, DIRECTORS OR EMPLOYEES IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THIS AGREEMENT, YOUR USE OF EVERYBODYFIGHTS AT HOME AND/OR RIGHTS OF PRIVACY OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES IN EFFECT AT THE TIME OF DISPUTE, AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT EITHER PARTY MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE EQUITABLE RELIEF IN ANY U.S. COURT HAVING JURISDICTION TO PROTECT AGAINST AN INFRINGEMENT OR MISAPPROPRIATION OF THAT PARTY’S INTELLECTUAL PROPERTY RIGHTS. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.Small Claims Court . As an alternative, you or we may bring a claim in your local “small claims” court, if permitted by that small claims court’s rules and within such court’s jurisdiction, unless the action is transferred, removed or appealed to a different court. You may bring such claims only on your own behalf.Class Action Waiver . Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLAIM YOU MAY HAVE AGAINST US, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision is governed by the Federal Arbitration Act and not by any state law concerning arbitration. If JAMS is unwilling or unable to set a hearing date within 160 days of filing, then either we or you can elect to have the arbitration administered instead by the American Arbitration Association. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Agreement.Time Limitation . You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with your relationship with us, including the use of the EverybodyFights At Home or this Agreement, must be filed within one year after such claim or cause of action arose or be forever banned.Survival . This section will survive the termination of your relationship with us. If any of the prohibitions against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable under applicable law, then such provisions will be null and void and severed from this Agreement.

17. GOVERNING LAW  

This Agreement will be governed by the laws of the Commonwealth of Massachusetts, United States of America, without regard to principles of conflicts of law that would require a different result. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods will not apply. Subject to the foregoing agreements in Section 21, any other action arising out of or relating to this Agreement or your use of EverybodyFights At Home must be commenced in the state or federal courts located in Boston, Massachusetts, United States of America, and you consent to the jurisdiction of those courts.

18. INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES  

Headings are for convenience only and will not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by EverybodyFights in exercising any right hereunder will waive any further exercise of that right. EverybodyFights's rights and remedies hereunder are cumulative and not exclusive.

19. SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES  

This Agreement is binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer this Agreement without EverybodyFights’s prior written consent. No third party has any rights hereunder. EverybodyFights may assign our rights, obligations and/or this Agreement at any time in our sole discretion without notice to you.

20. NOTICES  

You consent to receive all communications including notices, agreements, disclosures, or other information from EverybodyFights electronically. EverybodyFights may communicate by email or by posting to EverybodyFights At Home. For support-related inquiries, you may email help@everybodyfights.com. Nothing in this Agreement or otherwise limits EverybodyFights’s right to object to subpoenas, claims, or other demands.

21. ENTIRE AGREEMENT  

This Agreement incorporates the following legal documents by reference, as well as any other policies or procedures referenced herein that are posted to the EverybodyFights Site from time to time:

• Privacy Policy

If there is a conflict between any policies posted on EverybodyFights At Home and the terms of this Agreement, the terms of this Agreement will control. This Agreement represents the entire understanding between EverybodyFights and you and supersedes all prior agreements and understandings regarding the same.

SUBSCRIPTION TERMS AND CONDITIONS

By purchasing an EverybodyFights At Home Subscription (a “ Subscription ”) you agree to the following terms and conditions, which supplement and form a part of the EverybodyFights Terms of At Home (the “ Terms ”). Capitalized terms not defined here have the meanings given to them in the Terms. IF YOU SUBSCRIBE TO THE AT HOME FOR THE COMMITMENT PERIOD (AS DEFINED BELOW), THEN YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED ON A MONTHLY BASIS AT THE EXPIRATION OF THE COMMITMENT PERIOD AT COMPANY’S THEN-CURRENT SUBSCRIPTION PRICE FOR SUCH SUBSCRIPTION UNLESS YOU OPT OUT OF THE AUTO-RENEWAL OR DECLINE  TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 3  BELOW.

1. SUBSCRIPTION COVERAGE AND BILLING CYCLE

Subscriptions . By purchasing a Subscription you will get full access to all of EverybodyFights’s available classes, content, and features. For clarity, one-on-one personal training sessions are not included in the base Subscription and may be purchased as described below.  The account holder of the Subscription will be the person who activated the Subscription (the “ Subscription Holder ”). Subscription Holders may possess one or more Subscriptions.Billing Cycle . All Subscriptions recur until they are cancelled in accordance with the terms below. Billing occurs at the beginning of the Subscription cycle and provides unlimited access for one month thereafter (or such longer time as is associated with the Commitment Period as defined below).

2. ACCOUNT REGISTRATION

You can register by successfully completing a Device purchase, or by creating an account on the EverybodyFights Site or EverybodyFights App, as further described in the Terms. All information provided in connection with your account must be accurate, including your name, address, credit, debit or charge card numbers and expiration dates, and any other payment information. You are responsible for keeping such information up to date and must provide changes promptly via the “Account” page in the EverybodyFights At Home. EverybodyFights’s use of your information is governed by our Privacy Policy . YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USERNAME OR PASSWORD.

3. COMMITMENT PERIODS

Commitment Period . When you first sign up for a Subscription you may agree to a specific price and plan, which may include a commitment period term of one or more months and a requirement to prepay the applicable fees for such time (“ Commitment Period ”). You agree to maintain your Subscription for the applicable Commitment Period. The price available with your plan is valid until the Commitment Period expires, at which time your Subscription will automatically continue on a month-to-month basis at the then-existing non-promotional price for your Subscription level.Other Offers. EverybodyFights may offer additional promotions or discounts related to Subscriptions from time to time. Please read the details of those offers carefully, as any additional terms presented to you during the sign-up process will form part of the Agreement. Unless specified in writing, all discount offers that require a payment are non-refundable, and all free months offered are included in the Commitment Period (i.e., for a one-year Commitment Period with one free month you will pay for eleven months of the EverybodyFights At Home in advance). Any free trial or other promotion must be used within the specified time frame of the trial or promotion. You may be required to have a valid payment method on file in order to initiate a free trial; if you do not cancel before your free trial period ends, your account will be converted to a paid Subscription and will be charged in accordance with these Subscription Terms.

4. TERMINATION OR CANCELLATION OF SUBSCRIPTION

Cancellation of Subscription . You may only cancel your Subscription after the expiration of your Commitment Period, except as described in the next paragraph. You agree that if you cancel your plan before the end of the Commitment Period, you will remain responsible for all outstanding Subscription fees (if any) for the remainder of the Commitment Period. Prepaid Amounts will not be refunded, except as described in the next paragraph.  

5. PAYMENT

Subscription Holders agree to pay the monthly fee specified when you signed up for a Subscription, and, if applicable, the one-time fee specified when you purchased your Session (as defined below). If the amount to be charged varies from the amount you preauthorized (other than due to the imposition or change in sales tax), you have the right to receive, and we will provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your specified payment method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle. Your failure to terminate and/or continued use of your Subscription reaffirms that we are authorized to charge you for that Subscription. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you.Billing Authorization . You may be asked to provide a credit, charge or debit card number from a card issuer that we accept in order to activate your Subscription or, if applicable, your Session – your authorizations in this section also apply to our payment processor and any other company who acts as a billing agent for us. You hereby authorize us to charge your specified payment method on a monthly basis, in advance, for the Subscription and/or to place a hold on your payment method with respect to any unpaid charges for Subscriptions or Sessions. You authorize the issuer of your selected payment method to pay any amounts described herein without requiring a signed receipt, and you agree that these Subscription Terms shall be accepted as authorization to the issuer of the payment provider to pay any amounts described herein, without requiring a signed receipt from you. You authorize us to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your payment method until such amounts are paid in full. You agree to provide updated payment information upon request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither EverybodyFights, nor any EverybodyFights agent, will have any liability whatsoever for any insufficient funds or other charges incurred by you as a result of attempts to charge, and/or place holds on, your specified payment method as contemplated by these Subscription Terms. If you provide a debit card number instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number.Automatic Renewals . You will not be eligible for a prorated refund of any portion of the subscription fees paid for the then-current subscription period and you are committed to pay all monthly payments within the Commitment Period.  Upon renewal of your subscription, if we do not receive payment from your payment provider, (a) you agree to pay all amounts due on your account upon demand and/or (b) you agree that we may either terminate or suspend your subscription and continue to attempt to charge your payment provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).Third-Party Payment Processor. You agree to pay us, through our payment processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms presented to you at the time of purchase. You agree to make payment using the payment method you provide when you set up your account. We reserve the right to correct, or to instruct our payment processor or financing partner to correct, any errors or mistakes, even if payment has already been requested or received.Bill Inquiries and Refunds . If you believe you have been billed in error for a Subscription or a Session, please notify us within 60 days of the billing date by contacting us at help@everybodyfights.com . EverybodyFights will not issue refunds or credits after the expiration of this 60-day period, except where required by applicable law.

Gym Terms

This is an application for membership for *EVERYBODYFIGHTS. If accepted by EBF, as evidenced by the signature below of an authorized person on behalf of EBF, and signed by you, it will constitute a legally binding membership contract between you and EBF. Membership is open to individuals not less than 16 years of age, of good character and responsible credit background, without regard to race, sex, sexual orientation, ethnic background, age or religion. All applications for membership will be considered. Applications are subject to approval by EBF, which shall possess absolute discretion to approve or reject applications for any reason, subject to applicable law. EBF reserves the right to limit membership. EBF, with or without notice and at its sole discretion, may establish a waiting list on which otherwise approved applicants will be placed pending the availability of membership in EBF and upon such terms and conditions as EBF may establish from time to time. You are required to complete a medical questionnaire as part of your membership application. EBF may require a written consent from your personal physician as a condition of membership.  

TERMS OF MEMBERSHIPS

  The monthly dues for this membership are charged on a month-to-month basis. Terminations and freezes must occur  prior to the first of each month.  

MEMBERSHIPS TYPES

• 4 Pack Membership
  • 4 classes per month to be used in one of our studio rooms (Train, Road, Bags, Recover, the Ring and Open Gym). Classes do not roll over into the following month. Includes all Membership Benefits: Free rental gloves, 15% off Pro Shop, 10 day booking window, 50% off guest passes and access to Members Only Classes (MITTS).
• 8 Pack Membership

8 classes per month to be used in one of our studio rooms (Train, Road, Bags, Recover, the Ring and Open Gym). Classes do not roll over into the following month. Includes all Membership Benefits: Free rental gloves, 15% off Pro Shop, 10 day booking window, 50% off guest passes and access to Members Only Classes (MITTS).

• Unlimited Membership
  • Unlimited classes per month to be used in one of our studio rooms (Train, Road, Bags, Recover, the Ring and Open Gym). Includes all Membership Benefits: Free rental gloves, 15% off Pro Shop, 10 day booking window, 50% off guest passes and access to Members Only Classes (MITTS).

  This Membership Agreement is for a monthly membership. This Membership Agreement is for a membership. Membership components are subject to change at the discretion of EverybodyFights if deemed unsafe for health and safety reasons. If you terminate this membership for any reason and then decide to reapply for membership to the *EVERYBODYFIGHTS, you will be charged the rate in effect at the time of your reapplication. Membership dues are paid on a monthly basis through the Automatic Payment Plan.   These memberships require a minimum commitment of 60 days. Upon sign-up, the first month will be prorated depending upon the day you sign up. Termination can happen at any point during the month, as long as it has been completed prior to the 1st of the following month from the online portal.   FOR EXAMPLE: If you would like to terminate your membership and the current date is April 14th, your last day of the membership will be April 30th and you will not be billed again. All memberships need to meet the minimum commitment of 60 days.   You or your estate may also cancel this contract for any of the following reasons: if upon a doctor’s order, you cannot physically or medically receive the services because of significant physical or medical disability for a period in excess of three months; in case of your death; if the health club services to be provided under this contract are not available because the seller fails to open a planned health club or location, permanently discontinues operation of a health club or location, or substantially changes the operation of a health club or location. If you move either your residence or your place of employment more than twenty-five miles from any health club operated by the seller or a substantially similar health club that  will accept the seller’s obligation under the contract.   Please keep in mind that the minimum two (2) month requirement is a commitment period, not the length of the membership. After the two months are up, your membership will continue on a month-to-month basis until you let us know you are ready to terminate.  

THE SILVER LINING

  EBF believes in flexibility for our members. With that said, here are the options for ALL MEMBERS.  

1. Free Transfer: If a member is moving or is simply not using EBF anymore, the member can transfer his/her membership to any friend or family member at his/her locked-in rate! Membership does not confer or include with it any interest in the property or assets of EBF or any right on the part of the members to participate in any aspect of the management of EBF, financially or otherwise. Membership solely confers the right to use and enjoy the facilities of EBF, subject to EBF rules and policies. EBF shall not be responsible or liable to members or their family members or other guests for any property lost, stolen, damaged or destroyed in or about EBF, including without limitation articles stored in lockers and vehicles parked at or about EBF’s premises or the contents of such vehicles.

You agree to abide by, and to cause your family members and other guests to abide by, EBF’s rules and policies as currently established, and as they may be amended, supplemented or replaced by EBF in its sole discretion, with or without notice to members, from time to time. Copies of the current rules and policies are available from EBF upon request and will be posted at EBF premises. It is the member’s responsibility to keep informed of the most current rules and policies. EBF reserves the right to suspend membership privileges or revoke membership of any member who fails, or whose guest fails to observe the rules and policies from time to time in effect. Certain services and products offered by EBF are subject to additional fees or charges and are not included in the monthly dues. Information regarding the cost and availability of additional services and products can be obtained at the reception desk or may be posted at EBF premises. The services and products for which there is an additional charge include, but are not limited to, the following: private lockers, laundry service, parking, private training, and pro shop items.  

ASSUMPTION OF RISK

  You agree that it is your sole responsibility to consult with your personal physician prior to commencing any exercise program and to follow such physician’s advice regarding your exercise program and any existing or potential health problems you may have. You agree to remain under medical supervision if your physician so advises. You understand that there is an inherent risk of injury and other harmful effects in any exercise program, that the use of the facilities and equipment provided by EBF involves the risk of accidental injury to yourself and others, and you agree to employ due care in your use of the facilities and equipment provided by EBF. You acknowledge that you have reviewed and executed the Participant Release and Knowledge of Agreement. If you are injured or have an adverse change in your health, you agree that it is your responsibility to notify EBF and obtain medical assistance.   III. LOCKERS   All Members have access to Lockers. We cannot guarantee that lockers will be available at all hours and some lockers will be privately used/rented by individual members. Lockers remain the property of EBF and members will be responsible for any damage to lockers during usage.  

EVERYBODYFIGHTS  RIGHT TO AMEND

  EBF reserves the right to amend this contract by providing you forty-five (45) days prior written notice of the terms of such amendment. If within fifteen (15) days after the date of such notice of amendment you do not provide EBF with written notice that you wish to terminate your membership, you will be deemed to have accepted the terms of this Contract as so amended, effective upon the expiration of such forty-five (45) day period.  

ASSIGNMENT

  You may not assign this contract. EBF reserves the right to assign this contract to a successor entity that may own and operate EBF or to assign the right to receive payments under this contract to a party providing financing to the EBF. Any assignee is required to give notice of assignment to the members in writing addressed to the member at his address shown in this contract or on the records of EBF and shall identify the contract. Assignment will not adversely affect your rights set forth in this Membership Contract.  

DUES, FEES AND OTHER CHARGES

  All new members shall pay a prorated first month and be billed on the first of the following month. The amount, manner and time of payment of this fee shall be established by EBF and indicated herein and may be subject to change without notice. You agree to pay the EBF’s monthly fees pursuant to EBF’s Automatic Payment Plan. All members are required to sign an Automatic Payment Plan Agreement with EBF authorizing the charge of monthly dues to the Member’s credit card. The current amount of monthly dues is indicated herein. If a Member fails to pay his or her credit card charges for monthly dues or other purchases when due, EBF may suspend the Member’s membership privileges until all such amounts have been paid and if not paid within thirty (30) days, may terminate such Member’s membership at any time. Returned bank drafts or checks are subject to a $20.00 fee per returned item. Changes in membership, including without limitation, billing or notice address changes, method of payment changes, membership freezes or voluntary terminations, require thirty (30) days’ prior written notice from the member to EBF. Use of EBF facilities by non-members (“Guests”) is subject to the EBF’s guest policy and payment of guest fees. Guests under the age of 16 years are subject to additional rules set forth in the guest policy. The EBF Late Cancellation window is 3 hours. Should you cancel within 3 hour of class, Members will incur a $5 fee and Non-Members will lose their class.   MEMBER ACKNOWLEDGEMENT This Member Acknowledgement is executed in conjunction with your Membership Application and Agreement (the “Member Agreement”). Any capitalized but undefined terms will have the meaning as defined in the Membership Agreement. I wish to make use of the EBF and all of its services. I represent that I am of sound body and mind, and in a physical and mental condition capable of handling the conditions that I will encounter while making use of the Services. To the extent that I suffer from any physical or mental infirmity, chronic ailment, or injury of any nature, I represent that I have consulted with a medical professional and received clearance to participate in the services, that I am capable of self-administering any medications or other treatments that I require, and that I recognize and assume the risk of engaging in the services in light of my condition. I know and understand the scope, nature, and extent of the risks involved in the services. I understand that these risks include, but are not limited to personal injury, damage to property, and/or death. I voluntarily, freely and expressly choose to incur all risks associated with the Services, understanding that those risks may include personal injury, damage to property, and/or death. I understand that I am not obligated to perform any particular act or activity or participate in any activity or part of the services, and that it is my right to refuse such participation at any time, including during personal training sessions. I understand that I am solely responsible for any lost or stolen possessions. I understand that the EBF may at times photograph or record video of the Services and that I may be included in such photographs or videos, and I grant the EBF permission to copyright, use, or publish photographs and video of me, in still, single, multiple, moving or video format, in any manner, in composite or distorted form, in color or otherwise, in any media for advertising or any other lawful purpose. I would like to receive email communications about class updates, fun events, exclusive promotions, health/fitness tips, and more from EverybodyFights®. SPARRING AGREEMENTThis Sparring Agreement (the “Agreement”) is by and between the above-named Member (the “Member”) and FC Boston Holdings Inc, FC Boxing Ventures, LLC. and or EBF Federal LLC, and or EBF NY 1 LLC, and or EBF Philly LLC and or any active Everybodyfights location/entity dba EverybodyFights | Everybodyfights Inc (the “Gym”) and effective as of the date of the Gym’s signature below (the “Effective Date”).

SPARRING

 It is the Member’s desire to engage in live, fight boxing training with the Gym’s fitness instructors (each a “Trainer”) and/or other members, wherein the participants will box each other at full-speed and will full-force, or otherwise as agreed upon by the participants (collectively, “Sparring”).

2. INHERENT RISK 

The Member recognizes and agrees that sparring is an inherently dangerous activity, the risks of which cannot be entirely mitigated. The member knows and understands the scope, nature, and extent of the risks involved in sparring, and understands that they may include personal injury, damage to property, and/or death. The member voluntarily, freely, and expressly chooses to incur all such risks associated with sparring.

3. SPARRING RULES

INSTRUCTORS & PROGRAMMING

• All Sparring must be  supervised by USA Boxing Certified coaches
• All Sparring by Members will take place in a class format
• There will be no unsupervised Sparring during open gym time
• Never more than 3 consecutive punches to the head without a 1-minute break
• If Member is ever knocked down from a punch to the head, their Sparring must be limited to no contact above the shoulders until they have received written approval from a physician to continue.

RULES

• No contact to groin or above shoulder other than light contact to headgear.
•  All appropriate equipment must be worn and approved by Trainer before use, including:
  • Approved headgear based on Training Camp Level (see below)
  • Gloves: Men –18oz; Women –16oz
  • Groin protector
  • Molded mouthguard
  • Vaseline on face, especially around eyebrows & nose

• Participants must be registered as a USA Boxing member and amateur boxer and always have their book with them when Sparring.
• Accident Insurance: Participants must carry a twenty-five thousand-dollar accident insurance policy. USA Boxing provides this insurance coverage as a condition for participation and is automatically provided upon registration.
• By signing this indemnification, you are agreeing to all of the above processes and will follow these processes exactly.

4. 4 . EQUIPMENT

  At all times when Sparring, the member agrees to wear all approved equipment.

5. MEDICAL CERTIFICATE

The Member agrees to complete a good health medical certificate (the “Medical Certificate”), to have that Medical Certificate signed by their doctor, to provide an updated Medical Certificate at least every twelve months, and to immediately inform the Gym or a Trainer if they are suffering from any injury or other condition that impairs their ability to engage in Sparring, or if any answer to any portion of the Medical Certificate changes at any time. Member takes sole responsibility

6. DISQUALIFYING CONDITIONS

The Member certifies that they are not suffering from any of the following disqualifying conditions (each a “Disqualifying Condition”):

1. Acute and chronic infections including those conditions, but not limited to fever, chest infection, untreated tuberculosis, intestinal infection with potential dehydration/malabsorption, hepatitis, open infected skin lesions (including H. Simplex, MRSA, impetigo, untreated fungal infections, etc.), mononucleosis within the past month, etc.;
2. Severe blood dyscrasias and clotting disorders which include therapeutic anticoagulation;
3. Sickle cell disease;
4. History of Hepatitis B, Hepatitis C or HIV infection;
5. Refractive (Lasik) and intraocular surgery, cataract, retinal detachment;
6. Myopia of more than -3.50 diopters in one or both eyes;
7. Recorded visual acuity in one or both eyes of: uncorrected worse than 20/200; corrected worse than 20/60;
8. Significant congenital or acquired cardiovascular and pulmonary abnormalities including, but not limited to,  severe COPD, uncontrolled asthma with potential for hypoxemia, pulmonary hypertension, severe aortic or pulmonary stenosis, myocarditis or pericarditis, recent embolic disease, 3rd degree heart block, atrial or ventricular tachycardia, coarctation of the aorta, unclosed significant patent ductus arteriosus, aortic aneurysm and any of these conditions that have undergone corrective surgery or ablation unless specifically released by a cardiothoracic physician to return to contact/combat sports. Resting BP over 160/100 is considered uncontrolled and a disqualification; however, if the resting BP is over 140/90, the boxer may participate if previous recorded blood pressures have been controlled. Any boxer with persistent BP over 135/85 should be recommended for follow-up with their own personal physician;
9. Significant congenital or acquired musculoskeletal deficiencies including, but not limited to, spinal fractures, spondylolysis, atlantoaxial instability, and the following conditions if they inhibit the boxer’s defense, balance or ability to use the authorized headgear/gloves: loss of thumb or great toe, unstable/subluxing joints;
10. Unresolved post-concussion symptoms, which will need clearance from a qualified licensed physician 2.3.11 Significant neuropsychiatric disturbances or drug abuse;
11. Significant congenital or acquired intracranial mass lesions or bleeding, (benign smaller CNS lesions require the clearance by a neurologist or neurosurgeon regarding participation in a contact/combat sport), history of craniotomy, cerebral palsy or hypoxic brain injuries, significant neuropathies which affect balance, sensation, and ability to provide adequate defense;
12. Any seizure activity within the last 3 years;
13. Hepatomegaly, splenomegaly, ascites;
14. Pregnancy;
15. Uncontrolled diabetes mellitus or uncontrolled thyroid disease; or
16. Any implantable device which can alter any physiologic process or enhance performance.
17. SPARRING WITH PLASTIC SURGERY

 If the Member has breast implants or has undergone other plastic surgery that may pose a risk of increased injury, the Member agrees to engage in sparring only with the approval of their plastic surgeon and primary care provider, and only after executing the release to spar With Plastic Surgery below.

8. SPARRING WITH BRACES

If the Member has upper or lower braces, or other orthodontics that may pose a risk of increased dental injury, the Member agrees to engage in sparring only with the approval of their dentist or orthodontist, while wearing a dentist or orthodontist-molded mouthguard, and only after executing the Release to Spar With Braces below.

9. TERMINATION OF SPARRING

The Member acknowledges and agrees that the Gym may immediately and without notice terminate Member’s ability to engage in Sparring at any time for any violation of Section 3 above, for any false statements submitted under or in accordance with this Agreement, for any failure to update information as required under this Agreement, for any other reason at all in the Gym’s discretion, or for no reason at all.

EVERYBODYFIGHTS YOUTH POLICY

The following applies to any individual under 18 years of age:

• Parent or legal guardian must sign waiver
• Must be accompanied by a parent or legal guardian at all times when in facility
• May only use facility for Personal Training and must work with an EBF Certified Trainer
• May not use Open Gym
• May not participate in Group Fitness Classes

EVERYBODYFIGHTS COVID-19 POLICY

I understand that I have voluntarily elected to visit one or more EVERYBODYFIGHTS fitness facilities during the outbreak of the COVID-19 pandemic. I agree to release EVERYBODYFIGHTS and all of its affiliates, managers, members, agents, attorneys, heirs, representatives, predecessors, successors and assigns from any and all damages and/or claims caused by or resulting from my visit to any of the EVERYBODYFIGHTS fitness facilities, for fitness classes or otherwise, including any and all damages or claims arising from any health-related conditions or other issues related to the novel coronavirus or COVID-19 that may arise as a result of such visit.  The foregoing release includes a release of claims, suits and actions of any kinds whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorneys’ fees and any other related costs.  I understand that this release is also binding upon my heirs, executors, and administrators 

•  HEALTH & SAFETY: I confirm I do not have any symptoms related to and have not been knowingly exposed to COVID-19. If the above status changes, I agree not to visit the club. 
• FACE COVERING: We strongly recommend members wear masks while in the gym and if required by local, state or federal law, I agree to comply accordingly. 
• SOCIAL DISTANCING: I agree to keep 6 feet between myself and other members while in the club and if required to distance further by local, state or federal law, I agree to comply accordingly. 
• CLEANLINESS:  I agree to disinfect all equipment after use, and will not enter closed off areas. I agree to keep my hands washed/sanitized while at the club.