Terms & Conditions

Fajardo Method Enterprises Terms of Service

BY USING THIS WEBSITE, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THE TERMS, YOU MAY NOT USE THE SITE.

Changes to Terms:

Please read these Terms regularly, as they may change at any time. By using the Site 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 participate in FAJARDO METHOD MOVEMENT, herein referred to as “the Program,” made available through FAJARDO METHOD MOVEMENT ONLINE, herein referred to as “the Platform,” you agree as follows:

1. That you are participating in the training, programs, exercises and events, Fajardo Method classes, and fitness classes (all included in the Program) offered by Fajardo Method Enterprises, LLC 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 prior to and regarding your participation in any Fitness Program. You represent and warrant that you are physically fit and have no medical condition that would prevent your full participation in the Program.

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 that 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 training and you acknowledge that you are not being monitored by any trainer and that there is no liability to the trainer, the Program, or Fajardo Method Enterprises if an injury is sustained.

5. You understand and acknowledge that participation in the Program 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 Program.

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

7. You HEREBY RELEASE, WAIVE, AND DISCHARGE the Platform in the conduct of the Program from all liability to Fajardo Method Enterprises, LLC and to its conservators, guardians or other legal representatives, and to its personal representatives, assigns, heirs and next of kin for 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 my participation in the Program.

8. YOU ALSO HEREBY AGREE TO INDEMNIFY AND TO HOLD HARMLESS Fajardo Method Enterprises, LLC from any claim or demand on account of injury or damage which you may suffer as a result of participation in the Program.

YOU HAVE READ THE ABOVE AGREEMENT OF RELEASE AND WAIVER OF LIABILITY AND UNDERSTAND THAT BY ACCEPTING THESE TERMS AND USING THE FAJARDO METHOD MOVEMENT WEBSITE, YOU HAVE GIVEN UP SUBSTANTIAL RIGHTS.

Live Recording and Question & Answer Privacy Policy and Rules of Conduct
At the end of live classes there is usually time for Q&A or to say hi to other participants. The host will un-mute participants to allow questions and conversation to occur. This portion of the class is recorded and will be included in the On Demand video recording on the Fajardo Method Movement website. Generally the video is set to record only the instructor and surrounding space, but Zoom recordings can sometimes capture all active speakers. Therefore, your video may be recorded if there is sound from your computer when participants are un-muted, including if you ask a question or if there is background noise from your location. The recording will not display your name or device name, as in the live meeting, but your name may be mentioned in the course of asking and answering questions, or in saying hello to other participants. If you do not want video of you captured and recorded, or if you do not want to be identified in any way during the recorded Q&A portion, you have a few options to minimize this potential:

1. Leave the meeting as soon as the movement part of the class has ended. No one will be offended.
2. Re-mute your audio once you are un-muted.
3. Turn off your video display so that your video cannot be captured on the recording.
4. If you have a question, ask the question in the chat rather than verbally on the Zoom meeting.

Please note that if you attend the live classes, you acknowledge that there is a chance your video, audio, or personally identifiable information will be captured in the video, and agree that this is permissible.

The live Question & Answer portion of class is meant to be a benefit and learning opportunity for those attending live classes. 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 Program staff. Please also be aware that others may have questions and allow others the opportunity to speak.

In addition, you may not un-mute your microphone unless allowed to do so by the class instructor. If the instructor actively mutes your audio, due to an audio/visual, conduct, or other issue, you may not un-mute your microphone unless you are given permission to do so.

Site Content:

Everything you see, hear or receive from or on the Site ("Content") is copyright, trademark, trade dress or other intellectual property owned by our company or our licensors. Content includes, without limitation, videos, images, illustrations, designs, icons, photographs, trademarks, logos, text, software, sounds and the Site as a whole. You may use or download Content solely for your personal, noncommercial purposes, provided you keep unchanged all copyright and other notices. No other use of Content is permitted. Except for this limited license, nothing in the Terms transfers to you any right, title or interest in any Content. We may change, suspend, restrict or discontinue any aspect of the Site at any time, including any Site feature, service or Content.

Comments and Submissions:

We welcome your comments regarding our Site, our products and our services. However, any information you transmit to the Site is not, and will not be treated as, private, confidential or proprietary. We may make unrestricted use of any information you transmit to us through the Site. This may include personal information about you and your use of the Site. Please review our Privacy Policy for more information.

Use of the Site:

You promise to make only lawful use of the Site. You promise to make no use of the Site that violates anyone else's rights, including copyright, trademark, trade secret, privacy or other rights. You promise not to upload, post, transmit, distribute or otherwise publish on or to the Site any materials that (a) contain a software virus or other harmful component, (b) contain advertising or commercial material, or (c) are false, threatening, libelous, defamatory, pornographic, obscene or otherwise unlawful. You are solely responsible for the content of any material you publish on the Site. We are not responsible or liable for the conduct of any Site user, or for materials published to the Site by any Site user other than our company.

You may not: (a) use spiders, robots, avatars, intelligent agents or other automated data mining techniques to extract, copy, download, store, reproduce, distribute or post Content; (b) interfere with the Site or any other user's use of the Site, including, without limitation, overloading, "flooding", "mailbombing" or "crashing" the Site; (c) send unsolicited e-mail through the Site or forge or mask your identity in any e-mail or posting; (e) decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, or (e) insert any code or product or manipulate the Content in any way that affects any user's experience of the Site.

Information:

Prices are valid only in the United States. Prices are subject to change without notice. We do not warrant the currency, accuracy or reliability of any Site information, including information about product price or availability.

Links to Other Sites:

The Site may contain links to third party sites. Any outside links are provided only as a convenience. Your use of outside links is at your sole risk. Links from the Site do not constitute our endorsement of any third party, its website, or its goods or services. We are not responsible for any outside sites, services or other materials linked to or from the Site, and disclaims all liability for any injury you may experience by using such materials.

Links to the Site:

You may not create hyperlinks to the Site that portray our company in a false or misleading light. You may not use any "framing" or similar techniques to enclose any portion of the Site. You may link only to the front page of the Site, and not to any other pages.

Disclaimers:

If you are dissatisfied with the Site, any Contents, or any of the Terms, we would like to hear from you. However, your only legal remedy is to stop using the Site.

YOUR USE OF THE SITE 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 SITE. WE PROVIDE THIS SITE, ALL CONTENT, AND ALL SERVICES OFFERED THROUGH OR FROM THE SITE "AS IS." 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.

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

Some states do not allow certain limitations on implied warranties or on damages, so some of the above exclusions may not apply to you. We do not warrant that your use of the Site, the operation of the Site, or any services offered on the Site will be uninterrupted or error free, that defects will be corrected, or that the Site is free of viruses or other harmful elements.

Indemnification:

You agree to defend, indemnify and hold harmless our company 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 Site in violation of any of the Terms.

Miscellaneous:

We display this Site and the Content solely to market and promote our products and services. The Terms shall be construed according to our home sate law, without regard to its conflicts of laws provisions. Any dispute arising under or relating to the Terms, Contents, your use of the Site, or products or services purchased using the Site, shall be resolved exclusively by the state and federal courts of our companies home state. By using the Site, you consent to the jurisdiction and venue of our states courts with respect to any such dispute.

If any provision of the Terms, or any portion thereof, is found to be unenforceable, it shall be enforced to the maximum extent permissible so as to effect the intent of the Terms, and the rest of the Terms shall remain in full force and effect.

The Terms are the entire agreement between you and our company relating to the Site. These Terms supersede and cancel any prior written or oral agreement between you and our company relating to the Site, which shall 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 Site and terminates all rights granted to you under the Terms. Your obligations to our company shall continue upon termination of your rights under the Terms, including restrictions regarding the Content, disclaimers and liability limitations under the Terms. If your rights are terminated, you must promptly destroy all Content obtained from this Site, as well as all copies of Content.