Terms and Conditions for Rasky Health and Wellness, LLC doing business as LUX BOOTCAMP.

Effective Date: September 28, 2023

Please read these Terms and Conditions ("Terms") carefully before using the services provided by Rasky Health and Wellness, LLC, doing business as LUX BOOTCAMP ("LUX BOOTCAMP," "we," "us," or "our"). These Terms apply to all users of our services, including but not limited to, users of our website, mobile application (the "App"), and participants in in-person fitness classes ("Classes"). By accessing or using our services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, do not use our services.

1. Services Offered

1.1. LUX BOOTCAMP offers a range of fitness and health coaching services, including in-person fitness classes, access to the App, and resources on our website.

1.2. The use of our services may be subject to additional terms and conditions, which will be provided to you at the time of use.

2. Registration and Account

2.1. To use the App and access certain services, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

2.2. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account.

3. Coaching Services

3.1. LUX BOOTCAMP may provide coaching services through the App and in-person Classes. Coaches may offer various fitness and health coaching services, and the terms of engagement are determined by the Coach and participant individually.

3.2. Participants in Classes must follow the instructions provided by instructors and use appropriate safety precautions.

4. Payments and Fees

4.1. The fees for our services are determined by LUX BOOTCAMP and may be subject to change.

4.2. Payment for services is handled through the App or other designated payment methods. By using our services, you agree to pay all fees as specified.

5. Liability Waiver

5.1. Participation in fitness activities, including Classes, carries inherent risks of physical injury or illness. You understand and voluntarily accept these risks.

5.2. To the fullest extent permitted by law, you hereby release, waive, discharge, and hold harmless Rasky Health and Wellness, LLC, its officers, employees, coaches, and affiliates from any and all liability, claims, demands, actions, or causes of action now or in the future, whether known or unknown, arising out of or related to your participation in our services, including but not limited to Classes.

6. Privacy

6.1. Our Privacy Policy, available on our website and App, explains how we collect, use, and disclose information about you. By using our services, you consent to our Privacy Policy.

7. Termination

7.1. LUX BOOTCAMP reserves the right to terminate or suspend your account and access to our services at its sole discretion without notice for any reason, including if you violate these Terms.

8. Changes to Terms

8.1. LUX BOOTCAMP reserves the right to modify or revise these Terms at any time. You will be notified of any changes to these Terms, and your continued use of our services after such changes constitute acceptance of the revised Terms.

9. Disclaimer

9.1. The information, content, and materials provided through our services, including the App, website, and in-person Classes, are for informational purposes only. They are not intended to be a substitute for professional medical advice, diagnosis, or treatment.

9.2. You acknowledge and understand that the information provided by LUX BOOTCAMP is not medical advice, and you should not rely on it as such. Always seek the advice of your physician or other qualified healthcare provider before making decisions about your health and fitness.

9.3. LUX BOOTCAMP makes no representations or warranties regarding the accuracy, completeness, or effectiveness of the information provided. We are not responsible for any actions or decisions you make based on the information obtained through our services.

9.4. Participation in fitness activities and the use of our services should always be done under the guidance of a qualified healthcare provider, especially if you have pre-existing medical conditions or concerns.

By using our services, you acknowledge that you have read, understood, and agreed to this Disclaimer. It is your responsibility to seek professional medical advice when necessary and to use our services as supplementary information for your health and fitness journey.

10. Arbitration Agreement & Class Action Waiver

10.1. Agreement to Arbitrate

You and Rasky Health and Wellness, LLC, doing business as LUX BOOTCAMP, agree that any dispute, claim, or controversy arising out of or related to these Terms or the provision of our services, including but not limited to disputes related to billing, service, or our handling of your personal information, shall be resolved by binding arbitration, except as otherwise provided in this Agreement. Arbitration is a more informal and efficient way to resolve disputes than traditional court proceedings.

10.2. Class Action Waiver

You and LUX BOOTCAMP agree that any arbitration or court proceeding will take place on an individual basis. You and LUX BOOTCAMP expressly waive the right to bring or participate in any class action or class arbitration. This means that any claims, disputes, or controversies between you and LUX BOOTCAMP must be brought in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

10.3. Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the rules and procedures of the American Arbitration Association ("AAA"), which are in effect at the time the arbitration is filed unless those rules and procedures are inconsistent with these Terms, in which case these Terms will prevail. To initiate arbitration, you must send a written demand for arbitration to the AAA and provide a copy to LUX BOOTCAMP.

10.4. Governing Law

This Arbitration Agreement is governed by the Federal Arbitration Act and is enforceable in federal court if the arbitrator's decision is not followed. The arbitration will take place in [City, State], unless you and LUX BOOTCAMP agree to a different location.

10.5. Opt-Out

You may opt out of this Arbitration Agreement within thirty (30) days of first using our services by sending written notice to [Contact Information]. If you opt out, any disputes or claims between you and LUX BOOTCAMP will be resolved in accordance with applicable laws and the court system, rather than through arbitration.

10.6. Severability

If any part or provision of this Arbitration Agreement is found to be invalid, unenforceable, or illegal, the rest of the Agreement will remain in effect and enforceable.

10.7. Acknowledgment

By using our services, you acknowledge that you have read, understood, and agreed to this Arbitration Agreement and Class Action Waiver. You understand that it limits your rights to litigate disputes in court and to participate in class actions or class arbitrations.

11. Prohibition on Copying or Sharing Information

11.1. Restrictions on Information Sharing

You agree not to copy, reproduce, distribute, or share any content, materials, or information provided by LUX BOOTCAMP, including but not limited to content from the App, website, or in-person Classes, with third parties without our express written consent. This includes, but is not limited to, sharing of login credentials, workout plans, coaching materials, or any other proprietary information provided through our services.

11.2. Intellectual Property Rights

All content, materials, and information provided through our services are protected by intellectual property laws and are the property of LUX BOOTCAMP or its licensors. You agree not to infringe upon our intellectual property rights or those of our licensors.

11.3. Confidentiality

If you are provided with any confidential or proprietary information by LUX BOOTCAMP, you agree to keep such information confidential and not to disclose it to any third parties.

11.4. Consequences of Violation

Violation of this prohibition on copying or sharing information may result in the termination of your account and access to our services, as well as legal action to protect our intellectual property rights.

11.5. Acknowledgment

By using our services, you acknowledge that you have read, understood, and agreed to this Prohibition on Copying or Sharing Information. You understand the importance of respecting our intellectual property and confidentiality.

12. Contact Information

If you have any questions about these Terms or our services, please contact us at [Contact Information].

By using our services, you acknowledge that you have read, understood, and agreed to these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and Rasky Health and Wellness, LLC doing business as LUX BOOTCAMP.

Rasky Health and Wellness, LLC doing business as LUX BOOTCAMP

12121 Frankstown Rd
Unit #5034
Pittsburgh, PA 15235

(724) 382-8188
[email protected]

Date of Last Revision: September 28, 2023