Changes to Terms:
Please read these Terms regularly, as they may change at any time. By using fajardomethodmovement.com 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 OF HOLISTIC BIOMECHANICS™ (FMHB™) classes and learning content, herein referred to as “the Program,” made available through FAJARDOMETHODMOVEMENT.COM, 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 (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 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 your 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 (THE PLATFORM), YOU HAVE GIVEN UP SUBSTANTIAL RIGHTS.
Acknowledgement of Confidential and Proprietary Information (CP Information)
You understand and agree that Fajardo Method of Holistic Biomechanics™ (FMHB™) course materials, principles, and methods are Fajardo Method Enterprises’s (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
- Passive Release
Proprietary information may be used 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 Fajardo Method of Holistic Biomechanics. You agree not to alter, share, or distribute any course materials or concepts without FME’s written authorization.
Class Participation, Accounts, and Subscriptions
Since this agreement is specific to each user, you agree not to share your account with anyone else.
At the end of live classes and workshops there is usually a Question & Answer period. This portion of the class is recorded and will be included in the On Demand video recording on the Platform. Generally, Program staff are able to edit out the names of participants asking questions, but this is not always the case. If you do not want your name mentioned in the On Demand recording, please email questions to firstname.lastname@example.org, rather than asking them in the live Q&A period.
Please note that if you participate in the Q&A, you acknowledge that your verbal questions / comments, and possibly your name, will be captured in the recording and included in the On Demand video recording, and agree that this is permissible.
The live Question & Answer portion of class 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 Program staff. Please also be aware that others may have questions and allow others the opportunity to speak.
In addition, if the instructor mutes your audio, due to conduct issues, you may not un-mute your microphone unless you are given permission to do so.
Subscription fees may change periodically. Current subscription fees vary by plan and are charged monthly at the following rates:
$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.
Other Platform Terms
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 Platfrom information, including information about product price or availability.
Links to the Platform:
You may not create hyperlinks to the Platform that portray FME in a false or misleading light. You may not use any "framing" or similar techniques to enclose any portion of the Platform.
If you are dissatisfied with the Platform, any Contents, or any of the Terms, we would like to hear from you. However, your only legal remedy is to stop using the Platform.
YOUR USE OF THE PLATFORM 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 PLATFORM. WE PROVIDE THIS SITE, ALL CONTENT, AND ALL SERVICES OFFERED THROUGH OR FROM THE SITE ARE "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 Platform, the operation of the Platform, or any services offered on the Platform will be uninterrupted or error free, that defects will be corrected, or that the Platform is free of viruses or other harmful elements.
You agree to defend, indemnify and hold harmless Fajardo Method Enterprises (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 Platform in violation of any of the Terms.
We display this Platform and the Content solely to market and promote our products and services. The Terms shall be construed according to FME’s home state law, without regard to its conflicts of laws provisions. Any dispute arising under or relating to the Terms, Contents, your use of the Platform, or products or services purchased using the Platform, shall be resolved exclusively by the state and federal courts of FME's home state. By using the Platform, you consent to the jurisdiction and venue of FME’s state’s 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 FME relating to the Platform. These Terms supersede and cancel any prior written or oral agreement between you and FME relating to the Platform, which shall have no further force or effect. All rights not expressly granted herein are reserved.
Your failure to comply with the Terms automatically revokes your authorization to use the Platform and terminates all rights granted to you under the Terms. Your obligations to FME 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 Platform, as well as all copies of Content.