Terms of Service

Our Terms of Service have been updated.

Fajardo Method Enterprises Terms of Service

Last Updated: 11/14/24


These Terms of Service, together with any documents and/or terms they expressly incorporate by reference (collectively, the "Terms"), are entered into by and between you and Fajardo Method Enterprises, LLC ("FME," "Company," "we,", "our," or "us"). These Terms govern your access to and use of our website (fajardomethodmovement.com), any content and materials available through it, and any in-person or virtual attendance at or participation in one of our programs, classes, workshops, exercises, trainings, or other events (collectively, the "Services").


BY USING THE SERVICES, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS. YOU ARE ALSO AGREEING THAT YOUR COMMITMENT TO THESE TERMS DOES NOT CONFLICT WITH ANY OTHER OBLIGATIONS YOU ARE SUBJECT TO. IF YOU DO NOT AGREE WITH THE TERMS, YOU MAY NOT USE THE SERVICES.


PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION REQUIREMENT AND A CLASS-ACTION WAIVER BELOW.


The Services are offered and available only to users who are 16 years of age or older. By using the Services, you represent and warrant that you are at least 16 years of age.



Changes to Terms; No Conflict

Please read these Terms regularly, as they may change at any time in our sole and absolute discretion. By using the Services after a change in the Terms, you agree to follow and be bound by the Terms as changed.


Release and Waiver of Liability Agreement

IN CONSIDERATION OF the opportunity to use the Services, including without limitation participating in FAJARDO METHOD OF HOLISTIC BIOMECHANICS™ (FMHB™) programs, classes, workshops, exercises, trainings, and other events, and learning content, you agree as follows:


1. That you are participating in the training, programs, fitness classes, exercises and events, offered by FME and instructed by Alicia Fajardo, or alternate instructors, during which you will receive instruction.


2. You understand it is your responsibility to consult with a physician before, and regarding, your participation in any such program. You represent and warrant that you are physically fit and have no medical condition that would prevent your full participation in the Services.


3. You understand and acknowledge that intensity of exercise may vary with type of exercise and level of exertion performed. You understand that during movement sessions some complications may arise. These include but are not limited to: abnormal pain, light-headedness, dizziness, fainting, abnormal heartbeats or blood pressure, heart attack and stroke. You understand and agree that it is your personal responsibility to monitor your level of exertion and stop the activity when appropriate.


4. You understand that you are engaged in online and/or group training and you acknowledge that you are not being monitored one-on-one by any trainer and that there is no liability to the Company or any of its owners, agents, employees, or subcontractors if an injury is sustained.


5. You understand and acknowledge that participation in the Services may be dangerous and may involve risks which include, but are not limited to, bodily injury, partial or total disability, paralysis and death. You also understand and acknowledge that the social and economic losses or damages which can result from those risks and dangers can be severe and that not all such risks and dangers may be known or reasonably foreseeable at this time. You accept the responsibility for injuries, losses, or damages, known or unknown, resulting from all such risks and dangers involved in participation in the Services.


6. You agree to take appropriate precautions for your own health and safety when participating in the Services.


7. YOU HEREBY RELEASE, WAIVE, AND DISCHARGE the Company and its owners, agents, employees, and subcontractors in the conduct of the Services from all liability, including without limitation any and all claims, demands, losses or damages on account of any injury, including but not limited to bodily injury, death, or damage to property, arising out of your participation in the Services.


8. YOU ALSO HEREBY AGREE TO INDEMNIFY AND TO HOLD HARMLESS FME from any claim or demand on account of injury or damage which you may suffer as a result of participation in the Services.


YOU HAVE READ THE ABOVE RELEASE AND WAIVER OF LIABILITY AND UNDERSTAND THAT BY ACCEPTING THESE TERMS AND USING THE SERVICES, YOU HAVE GIVEN UP SUBSTANTIAL RIGHTS.



Acknowledgement of Confidential and Proprietary Information ("CP Information")

You understand and agree that FMHB™ course materials, principles, and methods (collectively, the "Materials") are FME’s proprietary or confidential information and may be protected by copyright and other intellectual property laws. CP information includes, but is not limited to:


- Center Line

- Center Line Principle of Motion™

- Grid Points Technique / Two Points of Awareness

- Stingray Principle of Motion™

- Valve Breathing Principle

- Planes of Motion Principle

- Movement Arc Motion Principle

- Infinity Motion Principle

- Body Compass

- Skeletal Changes in Sympathetic

- Compression

- Passive Release

- Decoupling


Unless you are a Certified Fajardo Method® Practitioner operating under a current Fajardo Method Licensing Agreement, or an Apprentice Instructor in good standing, you may only use the Materials for your personal and non-commercial purposes. The Materials may be used for commercial purposes only by a Certified Fajardo Method® Practitioner operating under a current Fajardo Method Licensing Agreement, and Apprentice Instructors in good standing, only in connection with the practices of the FMHB™. You agree not to use, alter, share, or distribute any Materials without FME’s prior written authorization.


In addition, the following constitute trademarks or service marks of FME and cannot be used without the prior written permission of FME, such as through a current Fajardo Method Licensing Agreement: FAJARDO METHOD®, STINGRAY design mark, FAJARDO METHOD OF HOLISTIC BIOMECHANICS™, FMHB™, CERTIFIED FAJARDO METHOD PRACTITIONER™, STINGRAY PRINCIPLE OF MOTION™, CENTERLINE PRINCIPLE OF MOTION™, GRID POINTS™, and all related names, logos, product, and service names, designs, graphics, and slogans. All uses of the foregoing will inure to the benefit of Company. FAJARDO METHOD is a registered trademark of Fajardo Method Enterprises, LLC.


Finally, you understand and agree that, except for User Contributions (as defined below), the Services and all related content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by FME or its licensors and may be protected by copyright and other intellectual property laws.

You therefore agree not to modify copies of any such content, features, and functionality, or delete or alter any copyright, trademark, or other proprietary rights notices from such content.


If you wish to make any use of materials available through the Services other than as set out in this section, please address your request to info@fajardomethodmovement.com.


No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.


Account Sharing

Since this agreement is specific to each user, you agree not to share your account or access credentials with anyone else.


Community Guidelines

We will require users of our Services to treat each other with respect, and expect that interactions will focus on the subject-matter presented in our Services. We set forth the following community guidelines so users can understand our expectations.


  • Keep comments and other feedback positive and productive. Recognize that users of the Services will be at different levels of experience and expertise. No personal insults, harassment, bullying, or aggressive language should be used.

  • No memes, jokes, or comments that mock or stereotype groups of people.

  • No political content that encourages users to vote in a particular way or take action towards certain candidates, policies, or legislation.

  • No sexual or explicit content.

  • No sharing other users' personal information without their consent.

  • No sharing content that violates the intellectual property rights of others.


If you believe there has been a violation of these community guidelines, please contact us at info@fajardomethodmovement.com. A violation of these community guidelines is a violation of the Terms and may result (in our sole discretion) in you being suspended from using, or permanently banned from using, the Services.


Live Recording and Question & Answer; Privacy Policy and Rules of Conduct; User Contributions

By participating in a class, workshop, or other event, you acknowledge and agree that such event may be recorded and that we may use those recordings in connection with our Services. You therefore grant us permission to use video, audio, and still images from such events, including without limitation the use of your name, image, likeness, and audio (e.g., voice) without compensation to or further approval from you.


At the end of live classes and workshops there is usually a Q&A period. This portion of the class is recorded and will be included in the on-demand video recording on the Services. Generally, we are able to edit out the names of participants asking questions, but this is not always the case; you therefore consent to your questions / comments, and possibly your name, being captured in the recording and included in the on-demand video recording. If you do not want your name mentioned in the recording, please email your questions to info@fajardomethodmovement.com, rather than asking them in the live Q&A period.


The live Q&A period is meant to be a benefit and learning opportunity. You may use this opportunity to ask questions relevant to the class topic and appropriate for group discussion. Inappropriate language, or inappropriate use of this time, is grounds for removing you from the current and future live classes, at the discretion of the instructor or FME. Please also be aware that others may have questions; you are expected to allow others the opportunity to speak.


In addition, if the instructor mutes your microphone, you may not un-mute your microphone unless you are given permission to do so.


The Services may provide other interactive features that allow users to transmit to FME and other users content, including without limitation videos and comments (collectively, "User Contributions") on or through the Services.


All User Contributions must comply with these Terms.


Any User Contribution you transmit will be considered non-confidential and non-proprietary. By transmitting any User Contribution, you grant us the right to use, reproduce, modify, perform, display, distribute, make derivative works of, and otherwise disclose to third parties any such material for any purpose.


You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above.

  • All of your User Contributions do and will comply with these Terms.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not FME, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.


With respect to User Contributions, we have the right to:


  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for FME.

  • Disclose your identity or other information about you to investigate third-party complaints, such as complaints related to intellectual property or privacy rights.

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.

  • Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation any violation of these Terms.

Please note that we cannot review all material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.


Complaints concerning content posted or shared to the Services may be sent to info@fajardomethodmovement.com.


All information we collect through the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.


Subscription Fees

Current subscription fees vary by plan and are charged monthly at the following rates (USD):


$95 Live + On Demand Subscription Plan

$65 On Demand Subscription Plan

$45 Live Classes Subscription Plan


Your fees may be different than these listed if you signed up at a different rate, or if you received a promotional rate. We may update our fees at any time in our sole and absolute discretion by providing notice to you (which may be by email) or updating the Site. All fees are noncancelable and nonrefundable. If your subscription is set up to automatically renew, you must terminate your subscription before the renewal date to prevent being charged for the renewal period.


Links to the Services

You may not create hyperlinks to the Services that portray FME in a false or misleading light, or that suggest an affiliation with, or endorsement or sponsorship by, FME. You may not use any "framing" or similar techniques to enclose any portion of the Services.


Links from the Services

If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked from the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.


Third Parties

You acknowledge and agree that these Terms apply only to the Services, and not any online or in-person goods or services provided by any third party. You assume all risks in connection with the goods and services provided by any third party.


Changes to the Services; Feedback

We may update the Services from time to time, but content available through the Services is not necessarily complete or up to date.


If you provide suggestions or other feedback regarding the Services, we may use and share such feedback for any purpose without compensation or credit to you.


Disclaimers

If you are dissatisfied with the Services, please let us know. Your only legal remedy is to stop using the Services, however.


YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT ALLOWED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE SERVICES. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL ELEMENTS. YOU ACKNOWLEDGE THAT THE SERVICES MAY NOT BE ACCURATE, RELIABLE, OR AVAILABLE. WE PROVIDE THE SERVICES "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.


YOU SHOULD CONSULT WITH A LICENSED HEALTHCARE PROFESSIONAL BEFORE UNDERTAKING ANY EXERCISE OR FITNESS REGIME. THE SERVICES DO NOT PROVIDE, AND ARE NOT A SUBSTITUTE FOR, PROFESSIONAL MEDICAL ADVICE. NOR ARE THE SERVICES A SUBSTITUTE FOR PERSONALIZED PROFESSIONAL TRAINING, SUPERVISION, OR ADVICE.


WE WILL NOT BE LIABLE FOR ANY DAMAGES RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS, PERSONAL INJURY OR DEATH, OR LOSS OF OR DAMAGE TO PROPERTY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


Some jurisdictions do not allow certain limitations on implied warranties or on damages, so some of the above exclusions may not apply to you.


Indemnification

You agree to defend, indemnify and hold harmless FME and its officers, directors, owners, agents, employees, affiliates, licensees and licensors from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Services or any violation of the Terms.


Miscellaneous

All matters relating to the Services and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the internal laws of the State of Oregon without giving effect to any choice or conflict of law provision or rule (whether of the State of Oregon or any other jurisdiction).


To the fullest extent provided by law, any dispute arising out of or relating to the Services or these Terms will be resolved by individual, confidential, and binding arbitration in Oregon, administered by the Arbitration Service of Portland, Inc. or its successor in interest, in accordance with its then-current commercial arbitration rules. The arbitration will be held before a single arbitrator. Nothing in these Terms prohibits a party from seeking emergency relief (e.g., preliminary injunction) from a court of competent jurisdiction pending resolution by arbitration. You understand and acknowledge that arbitration will be on an individual basis, and you are therefore waiving your right to participate as a plaintiff or class member in any purported class action or representative proceeding. If you wish to opt out of the class-action waiver or arbitration requirement, you may do so by emailing us at info@fajardomethodmovement.com with "Opt-Out" in the subject line. To be effective, we must receive your opt-out message within 30 days of when you first access the Services.


Together with any terms on our website, or that you may otherwise receive from us, that incorporate these Terms by reference, these Terms are the entire agreement between you and FME relating to the Services. These Terms supersede and cancel any prior written or oral agreement between you and FME relating to the Services, which will have no further force or effect. All rights not expressly granted herein are reserved.


Termination

Your failure to comply with the Terms automatically revokes your authorization to use the Services and terminates all rights granted to you under the Terms. Your obligations to FME will continue upon termination of your rights under the Terms, including restrictions regarding the Services, disclaimers, and liability limitations under the Terms. If your rights are terminated, you must promptly cease using the Services, and also cease using and securely destroy all Materials obtained from the Services, as well as all copies of Materials.