Terms of Use

Welcome to MarkFisherFitness.com. This website is owned and operated by Mark Fisher Fitness, Inc. and its affiliates (collectively, “MFF,” “we,” “us,” or “our”). By using this website, or any other website, mobile application or other application owned and operated by MFF, including MarkFisherFitness.com (each, a “Site,” and collectively, the “Sites”), or by ordering any of our products or services via the Site(s), you acknowledge that you have read, understand and agree to be legally bound by these terms and conditions (the “Terms”) and the terms of our Privacy Policy, which are incorporated into these Terms by reference. If you do not agree to these Terms, do not access or use the Site(s) or our products or services.

We may update or amend these Terms from time to time to comply with law or to meet our changing business requirements without notice to you. Your continued use of the Site(s) and/or other products or services of MFF after any such changes constitutes your acceptance of the new Terms. Any updates or amendments will be posted on the Site(s).

These Terms govern and apply to your access to and use of the Site(s) and their related domains on which these Terms appear, any order you place through the Site(s), and to all products and services we supply, produce, distribute, or market. To the extent of any express inconsistency with any other agreement you may have with MFF for products, services, or otherwise, that other agreement shall prevail unless otherwise explicitly stated therein.

USER CONDUCT

You must only use the Site(s) for personal and lawful purposes, and you must not use them in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Site(s). You may not use the content of the Site(s) for any commercial exploitation whatsoever. In addition, you agree that you will comply with all applicable local, national, and international laws and regulations that relate to your use of or activities on the Site(s).

In using the Site(s), you further agree:

  • not to disrupt or interfere with the security of, or otherwise abuse, the Site(s), or any services, system resources, accounts, servers, or networks connected to or accessible through the Site(s) or affiliated or linked Site(s);
  • not to disrupt or interfere with any other user’s enjoyment of the Site(s) or affiliated or linked websites;
  • not to upload, post, or otherwise transmit through or on the Site(s) any viruses or other harmful, disruptive, or destructive files;
  • not to use, frame, or utilize framing techniques to enclose any MFF trademark, logo, or other proprietary information (including the images found at the Site(s), the content of any text, or the layout/design of any page or form contained on a page) without MFF’s express written consent;
  • not to use meta tags or any other “hidden text” utilizing a MFF name, trademark, or product name without MFF’s express written consent;
  • not to deeplink to any Site without MFF’s express written consent;
  • not to collect or store personal data about others;
  • not to attempt to obtain unauthorized access to the Site(s) or portions of the Site(s) that are restricted from general access;
  • not to create or use a false identity on any Site, share your account information, or allow any person other than yourself to use your account to access the Site(s);
  • not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violative of any law; and
  • not to post any copyrighted material unless the copyright is owned by you or by MFF.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Site(s). We have the right to remove any material or posting you make on the Site(s) for any reason.

The views and opinions of trainers, coaches, experts and any other contributors to the Site do not necessarily state or reflect the attitudes and opinions of MFF. These views and opinions shall not be attributed to or otherwise endorsed by MFF, and may not be used for advertising or product endorsement purposes without the express, written consent of MFF.

MINORS

If you are under 18, you may register and use the Site(s) only with the involvement of a parent or guardian. MFF does not accept the online registration of minors; please do not attempt to register on the Site(s) if you are under the age of 18. If we discover that personal information has been submitted by a minor to our Site(s), we reserve the right to delete such information. MFF does not seek or share personal information from minors throughout the Site(s).

CONTENT UPLOADED TO THE SITES

In the event that you upload any comments, photographs, video clips, or other text or media to the Site(s) (the “Uploaded Content”), MFF has the exclusive right to use any and all such elements of the Uploaded Content in connection with and/or as part of its business, including in connection with and/or in any advertising, in any and all media, in perpetuity throughout the world as MFF in its sole discretion sees fit without further consent from you or payment to you. MFF has all right, title, and interest in any and all results and proceeds from such use of the Uploaded Content. MFF has the right to transfer the aforementioned rights to use the Uploaded Content to any third party, including, but not limited to, any of its subsidiaries or affiliated companies. MFF may alter, adapt, or edit the Uploaded Content and any further material created under these Terms, and market and exploit it entirely at MFF’s sole discretion. MFF is not obliged to make any use of the Uploaded Content or exercise any of the rights granted by these Terms.

Users of the Site(s) must only post Uploaded Content that is owned by, and features, themselves, and no other third parties.

Users posting Uploaded Content via a user profile must treat their login credentials and password confidential and ensure that they are not shared with any third party that might jeopardize the security of their account.

CHANGES TO THE SITES

MFF may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Site(s) or any products available through or outside of the Site(s), temporarily or permanently, including the availability of any features of the Site(s) or access to any parts of the Site(s), at any time without notice to you, and you agree that MFF shall not be liable therefor.

LINKED WEBSITES

MFF makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of any websites accessible by hyperlink from the Site(s), or of any websites linking to our Site(s). The linked websites are not under the control of MFF, and MFF is not responsible for the content of any linked website or any link contained in a linked website, or any review, changes, or updates to such websites. The inclusion of any link on our Site(s) does not imply affiliation, endorsement, or adoption by MFF of such website, application or platform or any information contained therein. When leaving the Site(s), you should be aware that MFF’s Terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that website.

In addition, MFF’s descriptions of, or references to, products or services not owned or controlled by MFF on and outside of the Site(s) do not imply endorsement of that product, or constitute a warranty in any way, by MFF.

OWNERSHIP

The trademarks and trade dress of MFF are proprietary to MFF and may not be used by you for any reason other than as expressly permitted by these terms. All Site content, design, text, graphics, logos and interfaces; the collection, selection, and arrangement thereof; and all software (collectively, “Content”) are property of and solely and exclusively owned by, or duly licensed to, MFF. Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of MFF or the respective copyright owner. You may not, without the express written permission of MFF or the respective copyright owner, (a) copy, publish, or post any materials on any computer network or broadcast or publications media; (b) modify the materials; or (c) remove or alter any copyright or other proprietary notices contained in the materials. You also may not (i) sell, resell, or make commercial use of the Site(s), its content, or services or products obtained through the Site(s); (ii) collect and use of any product or service listings or descriptions; (iii) make derivative uses of the Site(s) or its Content; or (iv) use of any data mining, robots, or similar data gathering and extraction methods. You are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of MFF or any third party.

You acknowledge that MFF and/or its third-party licensors remain the owners of all Site materials, and that you do not acquire any of those ownership rights by downloading, copying, or using any such material in accordance with these Terms.

COPYRIGHT POLICY AND COPYRIGHT AGENT

It is MFF’s policy to respect the copyright and intellectual property rights of others. MFF may remove from the Site(s) any content that appears to infringe the copyright or other intellectual property rights, including moral rights, of others. In addition, MFF may terminate access to the Site(s) by users who appear to infringe the copyright or other intellectual property rights of others. Further, MFF complies with the Digital Millennium Copyright Act.

If you believe that MFF or any user of our Site(s) has infringed your copyright in any material way, please notify MFF, and provide the following:

  • an identification of the intellectual property right claimed to have been infringed;
  • an identification of the material that you claim is infringing so that we may locate it on the Site(s);
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the owner, their licensee, and agent of either of the foregoing, or the law;
  • a statement by you that the above information in your notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the intellectual property interest involved.

Please direct inquiries regarding intellectual property infringement issues by email to: legal@markfisherfitness.com, or by mail to:

Mark Fisher Fitness

411 West 39th Street

New York, NY 10018

Attn: Copyright Agent

INDEMNIFICATION

You agree to indemnify and hold harmless MFF, its parents, subsidiaries, shareholders, officers, directors, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including attorneys’ fees) arising out of or relating to your use of the Site(s), your violation of these Terms, or your violation of any rights of a third party.

ORDER AND PAYMENT INFORMATION

If you use the Site(s) to purchase any product or services, payment must be received by MFF prior to MFF’s acceptance of an order, unless otherwise agreed by MFF. All applicable sales tax will be applied to your order total. MFF may need to verify information you provide before MFF accepts an order, and may cancel or limit an order any time after it has been placed. MFF expressly conditions its acceptance of your order on your agreement to these Terms.

In ordering products through the Site(s) or otherwise, you agree to provide only true, accurate, current, and complete information. You hereby certify that any email account you provide to MFF is registered to you. MFF shall have the right to bar your access to and use of the Site(s) or its other products or services if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to MFF, or for any other reason it, in its sole discretion, deems appropriate. You agree that if you are ordering or purchasing products on behalf of a company, that you have sufficient authority to bind that company to the Terms. You agree that your placement of an electronic order on the Site(s) is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required. MFF may reject orders where the stated delivery address is outside the United States. If stated, MFF will add applicable shipping and handling fees.

WAIVER AND RELEASE

By signing up for and/or attending any in-person, live-streamed or pre-recorded video classes, training sessions, events, activities, and/or other programs, and by using the Site(s) or the MFF premises, facilities and equipment (individually and/or collectively, the “Classes and Facilities”), you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in association with the Classes and Facilities. You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from (a) minor injuries such as scratches, bruises, and sprains; (b) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (c) catastrophic injuries including paralysis and death. You also acknowledge that the specific risks vary from one activity to another. At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by MFF staff. If in the subjective opinion of the MFF staff, you would be at physical risk participating in MFF’s Classes or Facilities, you understand and agree that you may be denied access to the Classes and Facilities until you furnish MFF with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing MFF’s concerns and stating that MFF’s concerns are unfounded. In consideration of being allowed to participate in and access the Classes and Facilities, you hereby (i) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Classes and Facilities; (ii) release, indemnify, and hold harmless MFF, its subsidiaries and affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or use of the Facilities; and (iii) represent that you (1) have no medical or physical condition that would prevent you from properly using any of MFF’s Classes and Facilities, (2) do not have a physical or mental condition that would put you in any physical or medical danger, and (3) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using MFF’s Classes and Facilities, and should not be participating in any Classes or Facilities.

LIMITATIONS ON LIABILITY

YOU EXPRESSLY AGREE THAT USE OF THE SITE(S) AND OTHER PRODUCTS AND SERVICES OF MFF IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THE SITE(S) AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT AND OTHERWISE ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALTHOUGH MFF STRIVES TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SITE(S), MFF DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THE SITE(S) IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, MFF DOES NOT WARRANT THAT ACCESS TO THE SITE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. MFF DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITE(S) WILL BE MAINTAINED. MFF EXCLUDES ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND TERMS (WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE) NOT EXPLICITLY STATED HEREIN, TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL MFF OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (A) THE SITE(S); (B) THE USE OR INABILITY TO USE THE SITE(S); (C) THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON THE SITE(S); (D) THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES THROUGH THE SITE(S) OR OTHERWISE; (E) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (F) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (G) OTHERWISE UNDER THESE TERMS, WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF MFF OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MFF’S LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST 90 DAYS TO MFF FOR ANY PRODUCTS OR SERVICES SUPPLIED BY MFF THROUGH YOUR USE OF THE SITE(S) OR OTHERWISE.

MFF WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR.

GOVERNING LAW

The Sites are originated and located in the United States, and these Terms shall be governed by and construed in accordance with the laws of the State of New York applicable to contracts made and wholly performed therein, excluding its conflicts of law provisions. Visitors who choose to access this website from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable laws and regulations. Any dispute arising out of or relating to these Terms or your access or use of the Site(s) will be subject to the exclusive jurisdiction of the courts located within the State of New York, and you hereby submit to the personal jurisdiction of such courts.

The terms of this section apply to the extent permitted by law and survive any termination of the Terms.

TERMINATION

Notwithstanding any of these Terms, MFF reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your ability to use the Site(s) and to block or prevent future access to and use of the Site(s). You agree that MFF shall not be liable for any termination of your use of or access to the Site(s).

SEVERABILITY

If any provision of these Terms, or part thereof, shall be deemed invalid, unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision, or part thereof, shall be deemed severable from the rest of these Terms and shall not affect the validity and enforceability of any remaining provisions or part thereof. The terms of this section survive any termination of the Terms.

GENERAL

The Terms constitute the entire agreement between MFF and you with respect to your use of the Site(s). The section titles used in the Terms are purely for convenience and carry with them no legal or contractual effect. Nothing in these Terms will be construed as creating a joint venture, partnership, employment, or agency relationship between you and MFF, and you do not have any authority to create any obligation or make any representation on MFF’s behalf. You may not assign or transfer any rights or obligations of these Terms, by operation of law or otherwise, without MFF’s written consent. Subject to the foregoing, these Terms will be binding on, inure to the benefit of, and be enforceable against you and MFF and their respective successors and assigns. These Terms supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise. We may assign, transfer, or sub-contract any of our rights or obligations under these Terms to any third party at our discretion. No delay by us in exercising any right or remedy under these Terms shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. The terms of this section survive any termination of the Terms.

Last updated and effective: August 26, 2015